Managerial Law: Volume 43 Issue 1/2
Table of contents
An overview of US Supreme Court decisions in employment discrimination cases
Tracy Nelson, Brian H. KleinerCites that the Supreme Court has played a significant role in shaping the meaning and scope of employment discrimination legislation through a handful of significant cases…
An overview of State of California court decisions in employment discrimination cases
Kannaer Tillman, Brian H. KleinerIntroduces the basic framework of California State employment discrimination laws together with related recent court decisions affecting Californian businesses. Concentrates on…
An overview of US Supreme Court decisions in sexual harassment cases
Heather Applen, Brian H. KleinerProvides a background to the development of sexual harassment legislation through the Supreme Court. Examines the characteristics of sexual harassment laws and how the Supreme…
An overview of California’s court decisions on sexual harassment
Dana Lee, Brian H. KleinerCites California as one of the most progressive states in the area of sexual discrimination legislation and has quickly added precedents set by the Supreme Court into their…
New developments concerning wrongful termination in academic institutions
Steve V. Giano, Brian H. KleinerConsiders the reasons under which contracts can be terminated under the “at will” clause and discusses the misuse of this term leading to wrongful termination. Looks at the…
New developments concerning perjury
Mohammad Nasir Yaqub, Brian H. KleinerLooks at the historical development of the “oath” before discussing developments in organizational behaviour and the atmosphere of the justice system. Considers the law and…
New developments in forensic psychology
Suzanne David, Brian H. KleinerBriefly introduces the concept of forensic psychology, looking at areas such as stalking behaviour, self‐mutilation, and execution competency. Suggests that the forensic…
Whistleblowing in the aerospace and defence industries
Dave Bucka, Brian H. KleinerDefines whistle blowing before considering the dilemma faced by the whistleblower. Outlines the typical responses to the whistle blower and provides case examples from the…
The use of the four‐fifths rule in discrimination cases
Rashid Ismail, Brian H. KleinerOutlines the four fifths rule in discrimination cases citing areas of its use in personnel actions. Provides case laws examples. Considers in particular a case against Pepsi‐Cola…
New developments concerning negligent retention
Michael Klaassen, Brian H. KleinerDiscusses the recent increase in litigation with regards to the tort of negligence, showing how more companies are being held liable for the improper and criminal acts of their…
New developments concerning negligent supervision
Angus Chan, Brian H. KleinerOutlines the general reasons behind negligent supervision such as lack of training, lack of communication and lack of understanding. Outlines a case study regarding a corporate…
Administrative exemptions in paying overtime
Daniel Khorsandi, Brian H. KleinerOutlines the reason for the creation of the US Department of Labor in order to promote improvements to working conditions and looks at the development of the Fair Labor Standards…
New developments concerning overtime policy in organisations
Linda L. Doerksen, Brian H. KleinerStates that overtime pay is a requirement of federal wage and hour laws but individual states can chose to conform to the federal law or develop their own. Looks at new proposals…
Californian minimum wage and overtime
Henry Soetanto, Brian H. KleinerOutlines the provisions of the Fair Labor Standards Act including areas such as minimum wage, overtime pay, record keeping and child labor standards. States what is not covered…
Federal and state statutory exemptions to At‐Will employment
John Haymes, Brian H. KleinerOutlines the “At‐Will” doctrine. Provides case law examples that have lessened the scope of this principle and charts the developments in this area. Discusses statutory exemption…
New developments concerning jury strategy
Thanh Huong Nguyen, Brian H. KleinerProvides a general survey of four issues of contemporary litigation: preliminary jury instruction, juror note taking, juror notebooks and questions from the jury during testimony…
New developments concerning the occupational safety and health act: preventing and managing cumulative trauma disorders
Rudi Sandell, Brian H. KleinerDefines cumulative trauma disorders before going on to discuss the causes of these disorders. Considers the employer liability for the problem and proposed occupational safety and…
How to conduct arbitration effectively
Bennett A. Neale, Brian H. KleinerQuestions what causes disputes. Discusses what happens during arbitration and covers the background of alternative dispute resolution. Looks at who uses arbitration and the…
What is ERISA?
Leeroy Chaffin, Brian H. KleinerBriefly charts the history of the development and subsequent regulation of the pension. Discusses the implications for pensions of the US Enactment of the Internal Revenue Code…
Implications of concealed‐gun laws for business
Peter Lew, Brian H. KleinerOutlines the history of gun legislation in the USA. Looks at the power held by the pro and anti gun lobbies. Covers the recent legislation success of the anti‐gun campaigns as…
Analysing jobs to determine exempt or non‐exempt status
Elizabeth Lusinsky, Brian H. KleinerProvides a historical perspective on the US Fair Labor Standards Act. Discusses how to ascertain exemption status and outlines exempt job classification. Gives case studies as…
Criminal background checks of prospective employees: why and how should it be done?
Agnes Lam, Brian H. KleinerDiscusses the need for criminal checks to be done on prospective employees, providing examples of negligent recruitment. Outlines the reasons for such a policy before considering…
New developments concerning the occupational safety and health act
Te‐Hsin Pao, Brian H. KleinerOutlines the current situation with regard to protection of workers in the workplace in the USA. Discusses the reforms that are currently being discussed in the new congress…