Employment Relationships: Law andamp; Practice analyzes the state and federal employment laws and recent trends in case law affecting the employment relationship. Topics covered include: federal discrimination law, including ADEA, ADA, the Equal Pay Act, and the Family and Medical Leave Act; sexual harassment, with a discussion of same-sex harassment; severance pay, golden parachutes and COBRA; employee’s fiduciary duties to his employer; employee privacy, with discussions of privacy issues relating to employee e-mail and computer files; tort actions, such as defamation, breach of the covenant of good faith and fair dealing and infliction of emotional distress. Practice pointers throughout the chapter provide practical advice from the authors. Employment Relationships has been updated to include:
A discussion of the new U.S Department of Labor policies concerning employee status of unpaid Intern
Analysis of the Second Circuit decision in Israel v. Chabra, [601 F.3d 57 (2d Cir. 2010)] addressing two conflicting clauses in an employment agreementand#8212;a consent clause and a andquot;no oral modificationandquot; clause and concluding that courts should look to which clause is more principal to the contract
Consideration of Restatement (Third) of Employment Law draft provisions concerning employee fiduciary duties, wrongful interferences with employment contracts, pre-contract negotiations, and employee andquot;moonlightingandquot; activities
Consideration of special problems with class actions in discrimination cases in light of Wal-Mart Stores, Inc. v. Dukes [131 S. Ct. 2541 (2011)]
New discussion of the Uniformed Services Employment and Reemployment Rights Act (USERRA) [38 U.S.C. and#167;and#167; 4301 et seq.]
Analysis of the Supreme Court’s case examining the reasonableness of searches of e-mails or text messages of public employees in City of Ontario, Cal. v. Quon [130 S. Ct. 2619 (2010)]
