Managerial Law: Volume 44 Issue 1/2

Subject:

Table of contents

A statistical look at judicial decisions concerning employment law

Andrew Cicmanec, Brian H. Kleiner

Outlines 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…

704

Implications of the Family and Medical Leave Act for organisations

Sheng Hengst, Brian H. Kleiner

Provides 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…

519

An overview of ERISA

Beverley Peltier‐Labadie, Brian H. Kleiner

Provides 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…

277

The need for training to avoid lawsuits

Gunawan Koesnadi, Brian H. Kleiner

Cites 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…

413

Implications of concealed gun laws for business

Peter Lew, Brian H. Kleiner

Outlines 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…

744

Developments concerning the Occupational Safety and Health Act

Mahalia Soediono, Brian H. Kleiner

Briefly 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…

4547

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This article has been withdrawn as it was published elsewhere and accidentally duplicated.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…

337

New developments concerning negligent hiring

Thanh Bao Nguyen, Brian H. Kleiner

Briefly describes negligent hiring before looking at the behavioural traits of employees which cause such liability to be alleged. Provides examples of negligent hiring and…

467

New developments concerning wrongful termination

Hsin‐Hung Chen, Brian H. Kleiner

Outlines 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…

666

Effective employment screening practices

Soon Choi, Brian H. Kleiner

Outlines the traditional approaches for screening employees including the resume, telephone interview, job application, testing, interviewing. Looks at the development of…

1385

Recent trends in downsizing legally

Otto E. Stallworth, Brian H. Kleiner

Outlines 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…

480

Termination at will vs. termination for just cause: where are we today?

Donald E. Newton, Brian H. Kleiner

Compares 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…

960

New developments concerning ERISA

Michael S. Carter, Brian H. Kleiner

Briefly 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. Kleiner

Cites 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…

3647

How to effectively manage unemployment claims

Fan Zhang, Brian H. Kleiner

Suggests 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…

1120

New developments in Californian OSHA laws

Suzanne Hogan, Brian H. Kleiner

Outlines 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…

684

Understanding defamation in the workplace

Victor M. Rojas, Brian H. Kleiner

Briefly defines defamation. Outlines the classes of defamation and the elements which must exist before action can be called. Considers particular defamation including opinion;…

646

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…

999

How to differentiate essential job duties from marginal job duties

Chi Ming Chow, Brian H. Kleiner

Briefly 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…

2182

How companies can downsize legally

Jeff A. Grimshaw, Brian H. Kleiner

Defines 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…

591

Conducting effective and legally safe background and reference checks

Rex M. Edwards, Brian H. Kleiner

Cites 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…

1720

Issues in employment litigation

Tanya Doyle, Brian H. Kleiner

Cites 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…

541

New developments concerning tobacco smoke in the workplace

Tracy D. Rowe, Brian H. Kleiner

Questions 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…

639

New developments concerning negligent training

Marc Funderburk, Brian H. Kleiner

Provides details of new developments in negligent training by researching articles in current trade magazines over the last six months. Gives details of employee related…

302

ISSN:

0309-0558

Online date, start – end:

1966 – 2007

Copyright Holder:

Emerald Publishing Limited