Managerial Law: Volume 44 Issue 1/2
Table of contents
A statistical look at judicial decisions concerning employment law
Andrew Cicmanec, Brian H. KleinerOutlines the role of the Equal Employment Opportunity Commission and looks at the nature and number of charges which they file on behalf of the employee. Covers race, sexual…
Implications of the Family and Medical Leave Act for organisations
Sheng Hengst, Brian H. KleinerProvides a brief overview of the Family and Medical Leave Act and discusses the implications for employees. Considers the problems experienced by employers as they attempt to…
An overview of ERISA
Beverley Peltier‐Labadie, Brian H. KleinerProvides a brief history of the Employee Retirement Income Security Act (ERISA). Briefly covers the four main issues of employee benefits protection, IRS rules, jurisdiction and…
The need for training to avoid lawsuits
Gunawan Koesnadi, Brian H. KleinerCites that the best strategy to resolve litigation is prevention. Gives evidence of the cost to businesses of such action and attempts to show how litigation is fuelled. Looks at…
Implications of concealed gun laws for business
Peter Lew, Brian H. KleinerOutlines the position of the gun in American society. Considers the benefits and issues this brings covering the present actions of the National Rifle Association and the Handgun…
Developments concerning the Occupational Safety and Health Act
Mahalia Soediono, Brian H. KleinerBriefly describes the Occupational Safety and Health Administration as a success before presenting a case for its reform. Outlines the initiatives such a new OSHA should possess…
Erratum
This article has been withdrawn as it was published elsewhere and accidentally duplicated. The original article can be seen here: 10.1108/01409170010782217. When citing the…
New developments concerning negligent hiring
Thanh Bao Nguyen, Brian H. KleinerBriefly describes negligent hiring before looking at the behavioural traits of employees which cause such liability to be alleged. Provides examples of negligent hiring and…
New developments concerning wrongful termination
Hsin‐Hung Chen, Brian H. KleinerOutlines the doctrine of employment‐at‐will exercised by US companies and the major interpretations used to justify exceptions. Discusses the reluctance of courts to use the First…
Effective employment screening practices
Soon Choi, Brian H. KleinerOutlines the traditional approaches for screening employees including the resume, telephone interview, job application, testing, interviewing. Looks at the development of…
Recent trends in downsizing legally
Otto E. Stallworth, Brian H. KleinerOutlines the legal position in which US firms can downsize. Comments that the current climate of laying off workers could lead to significant increases in claims if employers do…
Termination at will vs. termination for just cause: where are we today?
Donald E. Newton, Brian H. KleinerCompares the doctrine of termination at will with the doctrine of termination for just cause. Looks at recent law to justify the current position. Suggests that employers need to…
New developments concerning ERISA
Michael S. Carter, Brian H. KleinerBriefly outlines the history and background of the Employee Retirement and Income Security Act (ERISA) and the key bodies involved. Provides details of the Savings are Vital to…
The accuracy of eyewitness testimony
Andrea Buckley, Brian H. KleinerCites an example of eyewitness testimony which led to a wrongful conviction. Asks how accurate is such testimony? Considers the optimum environment for witnesses to remember…
How to effectively manage unemployment claims
Fan Zhang, Brian H. KleinerSuggests that companies need to recognise need to recognise that unemployment compensation is not a tax but a form of insurance, and costs can be saved by better management of…
New developments in Californian OSHA laws
Suzanne Hogan, Brian H. KleinerOutlines the requirements of the Californian Occupational Safety and Health Act 1973 with particular reference to the updates, additions and reforms. Covers areas such as illness…
Understanding defamation in the workplace
Victor M. Rojas, Brian H. KleinerBriefly defines defamation. Outlines the classes of defamation and the elements which must exist before action can be called. Considers particular defamation including opinion;…
Erratum
This article has been withdrawn as it was published elsewhere and accidentally duplicated. The original article can be seen here: 10.1108/01409170010782109. When citing the…
How to differentiate essential job duties from marginal job duties
Chi Ming Chow, Brian H. KleinerBriefly outlines why it is necessary to distinguish between marginal and essential job duties before providing definition for both. Covers the need for job analysis and the…
How companies can downsize legally
Jeff A. Grimshaw, Brian H. KleinerDefines downsizing before outlining the legal responsibilities for employers. Covers the role of top management and the human resource department. Looks at the requirement of the…
Conducting effective and legally safe background and reference checks
Rex M. Edwards, Brian H. KleinerCites that rapid changes in legislation have put special importance on the careful and effective performance of reference checking. Gives some brief statistics from a survey into…
Issues in employment litigation
Tanya Doyle, Brian H. KleinerCites that discrimination, wrongful termination and sexual harassment account for over 60 per cent of all claims. Looks at the Title VII of the Civil Rights Act 1964 and considers…
New developments concerning tobacco smoke in the workplace
Tracy D. Rowe, Brian H. KleinerQuestions why smoking in the workplace needs revisiting. Looks at the health risks of smoking before covering the cost to the organisation. Discusses new Californian legislation…
New developments concerning negligent training
Marc Funderburk, Brian H. KleinerProvides details of new developments in negligent training by researching articles in current trade magazines over the last six months. Gives details of employee related…