**
Introduction
Rachel Arnow-Richman’s 2016 work Employment Law: Function, Form, and Private Ordering critically examines employment law in the United States, emphasizing its functional and structural aspects along with the significance of private ordering. The book integrates case law, statutory analysis, and theoretical perspectives, making it a comprehensive guide for understanding the landscape of employment law. This summary outlines the major themes and actionable insights from the book.

Chapter 1: Historical Development of Employment Law
In this opening chapter, Arnow-Richman traces the evolution of employment law from its origins in master-servant doctrines to contemporary statutes. This historical overview sets the stage for understanding modern legal frameworks such as employment-at-will, anti-discrimination laws, and wage-hour regulations.

Actionable Insight: Individuals should familiarize themselves with the historical context of employment law to better understand its current applications and potential evolution. For instance, understanding the origins of employment-at-will (Chapter 1) can help employees and employers anticipate and navigate its limitations and exceptions.

Chapter 2: The Employment Relationship
The book delves into the employment relationship, exploring its contractual foundations and the implications of the employment-at-will doctrine. Arnow-Richman discusses exceptions to this doctrine, such as implied contracts and public policy exceptions.

Concrete Example: The case of Pugh v. See’s Candies, Inc. illustrates how implied contracts can be formed through employer conduct and assurances.

Actionable Insight: Employees should keep detailed records of any assurances or representations made by employers that could imply job security. Employers should be clear about the at-will nature of employment to avoid unintentional contract creation.

Chapter 3: Employment Discrimination
Arnow-Richman explores Title VII of the Civil Rights Act, the Age Discrimination in Employment Act (ADEA), and the Americans with Disabilities Act (ADA). She provides an analysis of key cases, such as Griggs v. Duke Power Co., which established the disparate impact theory of discrimination.

Concrete Example: The Griggs v. Duke Power Co. case emphasizes how employment practices that are neutral on their face can still be discriminatory if they disproportionately affect a protected class.

Actionable Insight: Employers should conduct regular reviews of their hiring and employment practices to ensure they do not have a disparate impact on minority groups. Employees who suspect discrimination should gather evidence (e.g., statistical data on hiring practices) to support their claims.

Chapter 4: Wage and Hour Regulations
This chapter discusses the Fair Labor Standards Act (FLSA) and other federal and state laws regulating wage and hour practices. Arnow-Richman explains concepts like minimum wage, overtime pay, and exemptions for certain employees.

Concrete Example: The Perez v. Mortgage Bankers Association case highlighted the criteria for determining exempt versus non-exempt employee status.

Actionable Insight: Both employees and employers should regularly review job classifications and wages to ensure compliance with FLSA guidelines. Misclassification can lead to significant legal and financial consequences.

Chapter 5: Occupational Safety and Health
Arnow-Richman gives an overview of the Occupational Safety and Health Act (OSHA) and its enforcement mechanisms. She discusses the responsibilities of employers in maintaining a safe work environment and the rights of employees to report unsafe conditions.

Concrete Example: The Whirlpool Corp. v. Marshall case reinforced employees’ rights to refuse work under dangerous conditions without retaliation.

Actionable Insight: Employers should implement comprehensive safety training programs and regularly update safety protocols. Employees should report any unsafe working conditions to OSHA and understand their rights to a safe workplace.

Chapter 6: Employee Privacy
This chapter addresses the balance between employee privacy rights and employer interests. Topics include monitoring of communications, drug testing, and searches of employee belongings.

Concrete Example: The case of City of Ontario v. Quon examined the limits of employee privacy in workplace communications.

Actionable Insight: Employers should draft clear, written policies regarding workplace privacy and ensure these are communicated to employees. Employees should be mindful of their privacy expectations and understand the employer’s policies on monitoring.

Chapter 7: Employee Benefits and Leaves
Arnow-Richman covers laws governing employee benefits, including the Employee Retirement Income Security Act (ERISA) and the Family and Medical Leave Act (FMLA). She explains the complex regulatory landscape and employee entitlements under these laws.

Concrete Example: The case of Nevada Department of Human Resources v. Hibbs emphasized the importance of FMLA protections.

Actionable Insight: Employees should familiarize themselves with their rights under FMLA and ERISA, particularly regarding leave qualifications and benefits eligibility. Employers should ensure compliance through proper documentation and communication.

Chapter 8: Collective Bargaining and Labor Relations
The book discusses the National Labor Relations Act (NLRA) and the rights and obligations of employers and employees with respect to collective bargaining. Key cases, such as NLRB v. Weingarten, Inc., illustrate the rights of employees to union representation during investigations.

Actionable Insight: Employees interested in unionizing should educate themselves on their rights under the NLRA. Employers should respect these rights and engage in good faith negotiations with employee representatives.

Chapter 9: Trade Secrets and Non-Compete Agreements
Arnow-Richman examines legal protections for trade secrets and the enforceability of non-compete agreements. She explores the balance between protecting business interests and ensuring employee mobility.

Concrete Example: The PepsiCo, Inc. v. Redmond case demonstrates the enforceability of non-compete agreements under trade secret law.

Actionable Insight: Employers drafting non-compete agreements should ensure they are reasonable in scope, duration, and geographic area to be enforceable. Employees should seek legal advice before signing such agreements to understand their implications.

Conclusion
Employment Law: Function, Form, and Private Ordering provides a thorough analysis of employment law’s foundational principles and practical applications. Arnow-Richman’s integration of precedent, statutory frameworks, and theoretical perspectives offers valuable insights for both employers and employees. By understanding the historical context, legal standards, and practical strategies outlined in this book, individuals can better navigate the complexities of employment law.