Opis: Employment Law for Paralegals - Ara Hatamian

Detailed, need-to-know information for paralegals, legal professionals, and human resource professionals on the day-to-day aspects of employment law procedure and practice. In a straightforward, practical manner, Employment Law: Practice and Procedures prepares legal studies, paralegal, and human resource professionals for their first day on the job, armed with need-to-know, ready-to-apply information about employment law. Throughout the book, concepts and ideas combine with practical exercises to present material in a way that ensures retention and eases application of the job's duties and responsibilities. Each chapter focuses on daily assignments similar to work assignments in a law firm setting or human resources work environment, covers modern day trends in employment law, looks at expectations of supervising attorneys, and discusses interaction with prospective clients. Included are helpful learning aids to give the concepts real meaning to today's students, including Work Place Projects, Critical Thinking Questions, and case law in each chapter.PART I-INTRODUCTION CHAPTER 1 An Overview and History of Employment Law 1 Introduction to Employment Law 1 Jobs for Employment Law Professionals 1 General Information for Your First Day on the Job 2 Paralegals and Their Duties 3 The U.S. Constitution and the History of Employment Law 3 The U.S. Constitution 3 Legislative History of Employment Law 4 Summary 9 Key Terms 9 Review Questions 9 Critical Thinking Questions 9 Workplace Projects 10 APPENDIX I Transcript of Constitution of the United States (1787) 11 CHAPTER 2 Ethical Obligations of Paralegals 20 Introduction to Ethics-rules of Professional Conduct 20 Ethical Obligations 20 Duty of Confidentiality 21 Misrepresentation 21 Client Relationship 22 Unauthorized Practice of Law 22 Conflict of Interest: Duty of Loyalty 22 Corporations 23 Fee Agreements 23 Fee Agreements and Monetary Issues 23 Summary 26 Key Terms 27 Review Questions 27 Critical Thinking Questions 27 Workplace Projects 27 APPENDIX II california rules of professional conduct 29 PART II-EMPLOYER-EMPLOYEE RELATIONSHIP CHAPTER 3 Establishment of The Employer-Employee Relationship 62 Introduction to Employment Relationships 62 Types of Employment Relationships 62 Temporary Employment 62 At-Will Employment 64 Part-Time versus Full-Time Employment 65 Government Employment: Civilian/Sworn 65 Additional Areas of Consideration 67 Vicarious Liability: Respondeat Superior 67 Independent Contractor 67 Establishment of Employment Relationships 69 The Employment Process 70 Introduction 70 Expectations 70 Beginning of the Employment Relationship 71 Maintenance of the Employment Relationship 72 Growth, Decline, and End of the Employment Relationship 72 Additional Areas of Consideration For Employees 72 Stability and Pay 72 Performance 73 Retirement Accounts and Pensions 73 Additional Areas of Consideration for Employers 73 Meeting Organizational Goals 73 Liability Risks 74 Summary 74 Key Terms 74 Review Questions 74 Critical Thinking Questions 75 Workplace Projects 75 APPENDIX III California Government Code Peace Officers Bill of Rights 3300-3313 76 CHAPTER 4 Unions and Collective Bargaining 83 Introduction to Unions and Collective Bargaining 83 Historical Events Contributing to Union Formation 83 Employee Rights Under the National Labor Relations Act 84 Protections Provided by the NLRA 84 Prohibitions on Employers for ULPs by the NLRA 85 The Purpose of Unions 86 The Primary Functions of Unions 86 Collective Bargaining 87 Memorandum of Understandings 90 Summary 90 Key Terms 90 Review Questions 90 Critical Thinking Questions 91 Workplace Projects 91 APPENDIX IV National Labor Relations Act 92 PART III-FEDERAL AND STATE LAWS CHAPTER 5 Wage/Hour Laws and The Affordable Care Act 120 Introduction-Wage/Hour Laws and The Affordable Care Act 120 Wage and Hour Requirements: FLSA and EPA 120 Exempt and Nonexempt Employment 120 Work Hours 121 Minimum Wage Laws 122 Overtime Pay 123 Pay Equality 126 Benefits 126 Holiday Pay 127 Severance Pay 127 Remedies and Penalties/Sanctions 127 Affordable Care Act 128 Summary 129 Key Terms 129 Review Questions 129 Critical Thinking Questions 129 Workplace Projects 129 CHAPTER 6 What Is The Family Medical Leave Act? 131 Brief History of FMLA 131 Introduction-Overview and Purpose of FMLA 131 Rights and Duties of Employers and Employees Under FMLA 132 Covered Employers and Eligible Employees-How to Qualify for FMLA? 132 What Is the Certification Process? 132 How Long Is the Employee Protected Under FMLA? 137 Duties Pertaining to Notices 137 Summary 138 Key Terms 138 Review Questions 138 Critical Thinking Questions 138 Workplace Projects 138 APPENDIX V Certification of Health Care Provider for Family Member's Serious Health Condition 141 CHAPTER 7 What is The Americans with Disabilities Act? 145 Brief History of ADA 145 Introduction-Overview and Purpose of ADA 149 Preemployment Protections 150 Emerging ADA Issues 151 Rights and Duties of Employers and Employees Under ADA 152 Covered Employers and Eligible Employees-How to Qualify for ADA? 152 What Are Reasonable Accommodations? 152 Enforcement and Remedies of the ADA 153 Summary 153 Key Terms 153 Review Questions 153 Critical Thinking Questions 154 Workplace Projects 154 CHAPTER 8 Title VII-Equal Employment Opportunity (Civil Rights Act of 1964) 155 Brief History of Title VII 155 Introduction-Overview and Purpose of Title VII 156 Rights and Duties of Employers and Employees Under Title VII 156 Covered Employers and Eligible Employees-How to Qualify for Title VII? 156 Protected Classes Under Title VII: Civil Rights Act of 1964 157 Additional Limited Protected Classifications 166 Enforcement and Remedies of Title VII 166 Summary 166 Key Terms 167 Review Questions 167 Critical Thinking Questions 167 Workplace Projects 167 APPENDIX VI Civil Rights Act of 1964 172 APPENDIX VII Title VII-Equal Employment Opportunity 197 CHAPTER 9 What is the Occupational Safety and Health Administration? 209 Brief History of the Occupational Safety and Health Act of 1970 209 Introduction-Overview and Purpose of the Occupational Safety and Health Administration 210 Rights and Duties of Employers and Employees Under OSHA 210 Covered Employers and Eligible Employees Under OSHA 210 Rights and Duties of Eligible Employees 211 Rights and Duties of Covered Employers 211 Enforcement and Remedies Under OSHA 212 Summary 215 Key Terms 215 Review Questions 216 Critical Thinking Questions 216 Workplace Projects 216 CHAPTER 10 Workers' Compensation 219 Brief History of Workers' Compensation Law 219 Introduction-Overview and Purpose of Workers' Compensation Law 222 Filing a Claim 222 Federal Workers' Compensation Law-Office of Workers' Compensation 223 Division of Energy Employees' Occupational Illness Compensation 227 Division of Federal Employees' Compensation 227 Division of Longshore and Harbor Workers' Compensation 227 Division of Coal Mine Workers' Compensation 227 State Workers' Compensation Law 228 State-Funded Insurance 228 Private Insurance 229 Summary 230 Key Terms 230 Review Questions 230 Critical Thinking Questions 230 Workplace Projects 231 APPENDIX VIII Worker's compensation forms 232 APPENDIX IX Claim Form for DEEOIC 238 CHAPTER 11 Unemployment Compensation 250 Brief History of Unemployment Compensation 250 Introduction-Overview and Purpose of Unemployment Compensation 254 Federal Workers Unemployment Compensation 255 State Workers' Unemployment Compensation 255 Filing a Claim 255 Appeal Process 256 Additional Areas of Consideration 256 Summary 256 Key Terms 257 Review Questions 257 Critical Thinking Questions 257 Workplace Projects 257 APPENDIX X Unemployment Insurance Application 258 Glossary 265 Index 269

Szczegóły: Employment Law for Paralegals - Ara Hatamian

Tytuł: Employment Law for Paralegals
Autor: Ara Hatamian
Wydawnictwo: Prentice Hall
ISBN: 9780133772241
Rok wydania: 2016
Ilość stron: 304
Oprawa: Miękka
Waga: 0.62 kg

Recenzje: Employment Law for Paralegals - Ara Hatamian