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Employment Law Update, 2017 Edition

Employment Law Update, 2017 Edition

Author: Henry H. Perritt, Jr., Esq.
Publisher: Aspen
ISBN: 9781454826941
Published In: March 2016
Format: Paperback , 350 pages
Jurisdiction: U.S. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Employment Law Update, 2017 Edition analyzes recent developments in case law of interest to employment law practitioners representing plaintiffs, defendants, and labor unions and comprehensively covers recent developments in the rapidly changing employment and labor law field.

Comprised of ten chapters - each written by an expert in employment law - this updated edition provides timely, incisive analysis of critical issues. Employment Law Update, 2017 Edition provides, where appropriate, checklists, forms, and guidance on strategic considerations for litigation and other forms of dispute resolution.

Some of the new material discussed in this 2017 Edition includes:

How the U.S. Department of Labor enforces federal whistleblower statutes
Recent case law circumscribing arbitration, which can, potentially, deprive non-union workers of fundamental statutory and constitutional rights
Recent German embrace of minimum wage law
Efforts by legislatures, administrative agencies, courts, and public interest groups to transform the “soft law” of the U.N. Guiding Principles on Business and Human Rights into “hard law” binding multinational corporations
Special problems relating to aviation personnel who blow the whistle
Protection for disabled veterans under the ADA and the USERRA
Evolving framework for enforcing the rights of the LGBT population
Transnational labor law applicable to expatriates
Application of multinational firms’ codes of conduct across national borders
Application of differing systems of employee rights and obligations to floating employees

Chapter 1. EMPLOYMENT CLAIMS IN BANKRUPTCY - Henry H. Perritt, Jr.

§ 1.01 Introduction
§ 1.02 Bankruptcy Basics
§ 1.03 Reorganization Plans
§ 1.04 Liquidation
§ 1.05 Preferential and Fraudulent Transfers
§ 1.06 Adversary Proceedings
§ 1.07 Creditors’ Committees
§ 1.08 Strategic Considerations for Employees
§ 1.09 Pre-Petition Compensation and Benefits
§ 1.10 Post-Petition Compensation and Benefits
§ 1.11 Tort and Workers Compensation Claims
§ 1.12 Mechanics Liens
§ 1.13 Retiree Benefits
§ 1.14 Collective Bargaining Agreements
§ 1.15 WARN Act

Chapter 2. IMPLICATIONS OF THE NFL LOCKOUT LITIGATION - Henry H. Perritt, Jr.

§ 2.01 Introduction
§ 2.02 History of the 2010 NFL Controversy
§ 2.03 The Labor Exemptions to the Antitrust Laws—In General
§ 2.04 Entertainment Labor Markets and the Non-Statutory Exemption
§ 2.05 Implications for the Future
§ 2.06 Is a Statutory Sports Exemption Needed?

Chapter 3. TITLE VII AND SECTION 1981, LITIGATING THE CIVIL RIGHTS CASE - Jason D. Keck

§ 3.01 Introduction
§ 3.02 Title VII and Section 1981
§ 3.03 Theories
§ 3.04 Emerging Issues Arising in Title VII and Section 1981 Litigation
§ 3.05 Issues in Post-Judgment Attorneys’ Fees
§ 3.06 Conclusion

Chapter 4. ATTORNEYS’ FEES - Henry H. Perritt, Jr.

§ 4.01 Introduction
§ 4.02 Common Law: English and American Rules
§ 4.03 Statutory Awards
§ 4.04 Determining the Amount of a Fee Award
§ 4.05 Expenses and Overhead Charges
§ 4.06 Fees for Defendants
§ 4.07 Evidence
§ 4.08 Standard of Review
§ 4.09 Choice of Law

Chapter 5. EMPLOYMENT CLASS ACTIONS AFTER WAL-MART - Henry H. Perritt, Jr.

§ 5.01 Introduction
§ 5.02 The Wal-Mart Case
§ 5.03 Rule 23 Framework for Class Actions
§ 5.04 Defendant Class Actions
§ 5.05 Appellate Review
§ 5.06 The Fate of Discretionary, Subjective Decisionmaking
§ 5.07 Personal Jurisdiction
§ 5.08 Class Actions Distinguished from Pattern-and-Practice Cases
§ 5.09 Implications for Future Employment Litigation

Chapter 6. HIDDEN PERILS: OBSCURE EMPLOYMENT LAWS - Andrew S. Goldberg, Esq. and Amber L. Stefankiewicz, Esq.

§ 6.01 Introduction
§ 6.02 National Labor Relations Act
§ 6.03 Obscure Areas of Civil Rights Laws
§ 6.04 Conclusion

Chapter 7. EFFECTIVE USE OF ARBITRATION CLAUSES IN THE EMPLOYMENT CONTEXT - John E. Campbell and Timothy E. Grochocinski

§ 7.01 Introduction
§ 7.02 History of Arbitration Clauses
§ 7.03 Advantages and Disadvantages of Arbitrating
§ 7.04 Effectively Using Arbitration Clauses in the Employment Context
§ 7.05 Waiver: Protecting the Right to Compel Arbitration After a Claim Is Filed
§ 7.06 Review of an Arbitration Award
§ 7.07 Checklist for Employers for Creating Enforceable Arbitration Provision

Chapter 8. MULTINATIONAL EMPLOYERS’ WHISTLEBLOWER HOTLINES: COMPLYING WITH THE SIX CATEGORIES OF LAW THAT REGULATE REPORT CHANNELS AROUND THE WORLD - Donald C. Dowling, Jr.

§ 8.01 Introduction
§ 8.02 Category # 1. Laws Mandating Whistleblowing Procedures
§ 8.03 Category # 2. Laws Promoting Denunciations to Government Authorities
§ 8.04 Category # 3. Laws Restricting Hotlines Specifically(EU Data Protection Laws)
§ 8.05 Whistleblower Hotlines and Data Protection Laws in Europe
§ 8.06 Category # 4. Laws Prohibiting Whistleblower Retaliation
§ 8.07 Category # 5. Laws Regulating Internal Investigations
§ 8.08 Category # 6. Laws Silent on, But Possibly Triggered by, Whistleblower Hotlines
§ 8.09 Conclusion

Tables of Cases

Index

Henry H. Perritt, Jr., Esq.

Henry H. Perritt, Jr., is Professor of Law and former Dean at Chicago-Kent College of Law, the law school of Illinois Institute of Technology. He formerly was a Professor of Law at Villanova University School of Law.

Mr. Perritt served as the top labor and employment lawyer for Consolidated Rail Corporation and as deputy undersecretary of labor during the Ford administration and was vice chairman of a commission appointed by Secretary of Labor Elizabeth Dole to develop measures to preserve health care for retired coal miners, resulting in recommendations subsequently enacted by Congress. He has represented and counseled a variety of employers, employees, and unions on employment law issues. He served as Secretary of the Section on Labor and Employment Law of the American Bar Association in 2000-2001. Mr. Perritt is the author of the following Aspen Publishers publications: Employee Dismissal law and Practice and Americans with Disabilities Act Handbook. He edits the annual Employment Law Update. He has written more than 80 law review articles on labor and employment law, administrative law, dispute resolution, and technology applications in law. Mr. Perritt received his S.B. and S.M. degrees from M.I.T. and his J.D. degree from Georgetown University. He is a member of the bars of Virginia, Pennsylvania, District of Columbia, Maryland, and Illinois and of the Bar of the U.S. Supreme Court. He was the Democratic candidate for U.S. congress from the 10th District of Illinois in 2002, while on leave from Chiacgo-Kent.