Legal Protection for the Individual Employee - 7th Edition - Kenneth G. Dau-Schmidt

Legal Protection for the Individual Employee 7th Edition ISBN 9798887863283

This title is part of our CasebookPlus™ offering, available under ISBN 9798895450468. Learn more at Faculty-CasebookPlus.com.

This book is designed for courses focused on the individual rights of workers within the employment relationship. It is distinct from materials focused on collective bargaining or employment discrimination law. It is suitable for a single three-credit survey course in employment law or for two related two-credit courses—one on employment law and another on employee benefits.

The text offers comprehensive coverage of employment law topics, including:

• The nature of the employment relationship
• The legal definition of “employee”
• Pre-employment screening
• Individual employment contracts
• The employment at-will doctrine and its exceptions
• Employee obligations
• Employer monitoring and control
• Wage and hour regulation under the FLSA
• Workers’ compensation
• Unemployment insurance
• Occupational safety and health regulation (OSHA)
• Employee benefits under ERISA

The book integrates interdisciplinary perspectives—historical, economic, and industrial relations—across chapters to contextualize employment law issues. These discussions have been updated to reflect the latest academic research. Empirical data on employer practices and key employment law concerns is incorporated where relevant.

New discussions address:

• Employer monopsony power and its impact on labor markets
• Wage coordination and no-poach agreements
• Empirical evidence on the wage-depressing effects of noncompete agreements
• The potential application of antitrust laws to labor market constraints

Two recurring themes animate the text:

1. The historical tension in U.S. employment law between competing concepts of “free labor”—labor as free to accept any employer terms versus labor as deserving protection from unreasonable demands in the name of fairness and equality
2. The appropriate role of legal intervention in labor markets to address failures and promote goals such as income equality, workplace safety, unemployment protection, health coverage, retirement security, and human dignity

This edition features substantial updates across multiple chapters to reflect evolving legal standards and workplace realities. The chapter on employee and employer classification incorporates the most recent federal guidance under the FLSA and NLRA. Chapters on hiring and monitoring now address emerging challenges presented by advanced technologies, including artificial intelligence and electronic surveillance. The chapter on discharge has been expanded to include recent developments in state law, such as medical marijuana accommodation, political speech protections, the CROWN Act, and employer monitoring of employee social media activity. It also offers deeper analysis of public employees’ due process rights in disciplinary and discharge procedures. The chapter on wage and hour regulation includes updated coverage of state minimum wage laws that exceed federal standards, the new federal rule on the executive, administrative, and professional (EAP) exemption from overtime, and expanded requirements around family and medical leave.

Dau-Schmidt, Finkin, Garcia and Bent Legal Protection for the Individual Employee Seventh Edition ISBN 9798887863283 & 979-8887863283