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Employment Law for Human Resource Practice

By David J. Walsh

7th Edition © 2024
Discipline:Business Law
Course:Employment/Labor Law
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Walsh’s “Employment Law for Human Resource Practice” 7e, explores the legal issues that impact each stage of the employment process (hiring, managing and firing). Using current examples and case, update learning objects and features students learn how to avoid potential problems and when to turn to a lawyer. This text will help your students develop legal reasoning skills and the skills needed to frame issues with hand-on application.

This latest edition includes timely updates that addresses the latest employment law legislation, regulations and case law. New and expanded topics examine discrimination based on sexual orientation and gender identity, employment status of "gig workers," the ABC test of employment status, student-athletes and graduate students, COVID-19, no-poaching and non-disclosure agreements (NDAs), social media in recruitment, arbitration agreements, accommodating pregnant employees, pay equity, retaliation, DACA, artificial intelligence (AI), and unions.

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About this product

Walsh’s “Employment Law for Human Resource Practice” 7e, explores the legal issues that impact each stage of the employment process (hiring, managing and firing). Using current examples and case, update learning objects and features students learn how to avoid potential problems and when to turn to a lawyer. This text will help your students develop legal reasoning skills and the skills needed to frame issues with hand-on application.

This latest edition includes timely updates that addresses the latest employment law legislation, regulations and case law. New and expanded topics examine discrimination based on sexual orientation and gender identity, employment status of "gig workers," the ABC test of employment status, student-athletes and graduate students, COVID-19, no-poaching and non-disclosure agreements (NDAs), social media in recruitment, arbitration agreements, accommodating pregnant employees, pay equity, retaliation, DACA, artificial intelligence (AI), and unions.

THOROUGHLY UPDATED "CLIPPINGS" FEATURE EMPHASIZES THE LATEST DEVELOPMENTS IMPACTING EMPLOYMENT LAW TODAY. New "Clippings" features within each chapter highlight recent events, drawn from the latest news, that illustrate changes to employment law and demonstrate legal concepts at work today.

ENGAGING CASES OFFER MORE OPPORTUNITIES TO APPLY CONCEPTS. Approximately two-thirds of the cases in this edition feature new, timely situations that reflect the latest challenges and advancements in current employment law.

Each case includes excerpts that retain the language of the court and provides a brief statement of the facts, the legal issue and a clear and helpful explanation of the decision maker's rationale.

Strategic organization ensures chapters seamlessly correspond to today's key human resource practices and functions, including hiring, managing, performance and termination providing students an intuitive arc that simulates what they may experience in their own career paths.

Table of contents

Chapters

Cover Page
Title Page
Copyright Page
Dedication
Preface
Acknowledgments
Part 1. Introduction to Employment Law
Part 2. The Hiring Process
Part 3. Managing a Diverse Workforce
Part 4. Pay, Benefits, Terms and Conditions of Employment
Part 5. Terminating Employment

Part 1. Introduction to Employment Law

1. Overview of Employment Law
Preview this section ↗
Heard at the Staff Meeting ↗
U.S. Employment Law Is a Fragmented Work in Progress ↗
Sources of Employment Law ↗
Constitutions ↗
Statutes ↗
Executive Orders ↗
Regulations, Guidelines, and Administrative Decisions ↗
Common Law ↗
Substantive Rights under Employment Laws ↗
Nondiscrimination and Equal Employment Opportunity ↗
Freedom to Engage in Concerted Activity and Collective Bargaining ↗
Terms and Conditions of Employment That Meet Minimum Standards ↗
Protection of Fundamental Rights ↗
Compensation for Certain Types of Harm ↗
Determining Which Employment Laws Apply ↗
Public- or Private-Sector Employment ↗
Unionized or Nonunion Workplace ↗
Employer Size ↗
Geographic Location ↗
Government Contracts ↗
Industry and Occupation ↗
Historical Development of U.S. Employment Law ↗
Procedures for Enforcing Employment Laws ↗
What Does an Employee Decide to Do When She Believes That Her Rights Were Violated? ↗
How Long Does the Employee Have to Bring a Case? ↗
Can a Lawsuit Be Brought? By Whom? ↗
Class-Action Lawsuits ↗
Is There an Administrative Prerequisite to a Lawsuit? ↗
Must the Employee Exhaust Internal Dispute Resolution Mechanisms Before Proceeding? ↗
Enforceability of Arbitration Agreements ↗
Remedies for Violations of Employment Laws ↗
The Role of Managers in Legal Compliance ↗
Key Terms ↗
Chapter Summary ↗
Practical Advice Summary ↗
Chapter Questions ↗
2. The Employment Relationship
The Importance of Determining Whether an Employment Relationship Exists
Who Is an Employee?
Independent Contractors
The ABC Test and the Employment Status of “Gig Workers”
Using Independent Contractors
Temporary Workers
Students and Interns
Volunteers
Partners
Other Issues Concerning Employee Status
Who Is the Employer?
Agency
Integrated Enterprise
Joint Employers
Key Terms
Chapter Summary
Practical Advice Summary
Chapter Questions
3. Overview of Employment Discrimination
The Continuing Reality of Employment Discrimination
The Concept of Employment Discrimination
Protected Classes
Types of Discrimination
Disparate Treatment: A Closer Look
Types of Disparate Treatment Cases
Pretext: Indirect Method of Analyzing Disparate Treatment Cases
Direct Method of Analyzing Disparate Treatment Cases
Subordinate Bias Theory of Liability
Disparate Impact: A Closer Look
Analyzing Disparate Impact Cases
Retaliation: A Closer Look
Analyzing Retaliation Cases
Key Terms
Chapter Summary
Practical Advice Summary
Chapter Questions

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