**
Introduction

“Employment Law: Cases and Materials” by Mark A. Rothstein and Lance Liebman is a comprehensive resource that provides an in-depth examination of key principles and cases that shape employment law in the United States. The book is structured to cover a wide array of topics under labor relations, focusing on both statutory and common law influences on the employer-employee relationship. This summary encapsulates the five primary themes explored in the book, alongside the actions individuals can take based on the legal principles discussed.

1. The Employment Relationship

Overview
The book begins by exploring the fundamental nature of the employment relationship, including the distinction between an employee and an independent contractor. This distinction is crucial as it impacts rights, obligations, and liabilities under the law.

Examples
– The case of Nationwide Mutual Insurance Co. v. Darden illustrates the criteria used by courts to determine employment status.
– The analysis explores the common law agency test, the economic realities test, and the IRS’s three-factor test (behavioral control, financial control, and the relationship of the parties).

Actionable Steps
1. For Employers: Conduct a thorough assessment using the common law agency test to classify workers accurately.
2. For Employees/Contractors: Review your contract and job responsibilities to understand how your status might affect your rights and benefits.

2. Employment Discrimination

Overview
This section delves into various forms of employment discrimination prohibited under federal laws, such as Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA).

Examples
– The landmark case of Griggs v. Duke Power Co. highlights how employment practices that appear neutral can still be discriminatory if they disproportionately affect members of a protected class.
– The Burlington Northern & Santa Fe Railway Co. v. White decision covers the scope of retaliation under Title VII.

Actionable Steps
1. For Employers: Implement comprehensive training programs to educate managers and employees about discriminatory practices and how to avoid them.
2. For Employees: Document any instances of suspected discrimination or retaliation meticulously and report them to the relevant authorities or workplace compliance officers.

3. Wage and Hour Laws

Overview
The Fair Labor Standards Act (FLSA) governs wage and hour requirements, including minimum wage, overtime pay, and child labor standards. The book discusses these requirements in-depth, along with state variations.

Examples
– The discussion on Hicks v. Avery Ryan Catering demonstrates how employers can be held liable for failing to pay overtime due under the FLSA.
– The examination of Encino Motorcars, LLC v. Navarro addresses exemptions from overtime requirements for certain employees.

Actionable Steps
1. For Employers: Perform regular audits of pay practices to ensure compliance with FLSA requirements and state laws.
2. For Employees: Keep detailed records of hours worked and wages received to verify that you are receiving the compensation you are entitled to.

4. Employee Privacy and Workplace Rights

Overview
This section addresses the balance between employers’ needs to monitor workplace activities and employees’ privacy rights. Topics include electronic monitoring, drug testing, and surveillance.

Examples
– The case of O’Connor v. Ortega is crucial in understanding the reasonable expectation of privacy employees have in the workplace.
– The book also reviews cases related to employer-issued devices and the implications for personal use, such as City of Ontario v. Quon.

Actionable Steps
1. For Employers: Develop clear policies regarding monitoring and privacy that comply with federal and state laws, and communicate these policies transparently to employees.
2. For Employees: Be aware of the company’s privacy policies and your rights, and use employer-provided devices and networks accordingly.

5. Workplace Health and Safety

Overview
This segment is dedicated to the Occupational Safety and Health Act (OSHA) and its role in ensuring a safe working environment. It outlines employer responsibilities and employee rights regarding workplace safety.

Examples
– The case of Chao v. Mallard Bay Drilling, Inc. explores the extent to which the Secretary of Labor can enforce safety regulations.
– United Steelworkers of America v. Weber discusses affirmative action and safety policies aimed at protecting workers.

Actionable Steps
1. For Employers: Establish and maintain an Occupational Health and Safety plan conforming to OSHA standards and ensure regular training for employees on these practices.
2. For Employees: Familiarize yourself with your rights under OSHA and promptly report any violations of safety standards.

6. Employee Benefits and Family Leave

Overview
Employee benefits, including health insurance, retirement plans, and family leave policies, are critical aspects of employment. This section covers the Employee Retirement Income Security Act (ERISA) and the Family and Medical Leave Act (FMLA).

Examples
– The Metropolitan Life Insurance Co. v. Glenn decision sheds light on the judicial review of benefit determinations under ERISA.
– The application of the Nevada Department of Human Resources v. Hibbs case reveals the nuances of family leave entitlements under the FMLA.

Actionable Steps
1. For Employers: Ensure that your benefits plans are compliant with ERISA guidelines and that employees are informed about their rights and the procedures to claim benefits.
2. For Employees: Review your benefits and leave entitlements periodically and file claims and requests in line with the stipulated procedures.

Conclusion

“Employment Law: Cases and Materials” by Rothstein and Liebman provides a wealth of knowledge on employment law, offering detailed case studies and practical guidance. By understanding the complexities of the employment relationship, discrimination laws, wage and hour regulations, employee privacy, workplace safety, and benefits, individuals can take informed actions to protect their interests and ensure compliance with legal obligations. This book is an invaluable tool for anyone involved in labor relations, providing actionable insights for both employers and employees to navigate the often complex landscape of employment law.