Summary of “Understanding Employment Law” by Timothy L. Glynn (2014)

Summary of

Business Law and EthicsEmployment Law

Introduction

“Understanding Employment Law” by Timothy L. Glynn provides a comprehensive examination of the various aspects that constitute American employment law. The book is divided into several themed sections, each addressing a unique component of the employment relationship, such as hiring processes, employment discrimination, workplace safety, and termination. It serves both as an instructional text and a reference guide for practitioners, students, and employers aiming to navigate the intricacies of employment law.

1. Hiring Process and Employment Contracts

Key Points:

  • Legal Considerations in Hiring: The book delves into the legal ramifications of the hiring process. Employers must ensure that their hiring practices do not violate anti-discrimination laws.

  • Employment-At-Will Doctrine: This doctrine allows employers or employees to terminate employment at any time without cause, except in cases where termination violates public policy or terms of an employment contract.

  • Employment Contracts: Glynn explains the importance and implications of employment contracts, addressing how they can alter the default rules of employment-at-will.

Actions:

  1. Conduct Legal Training on Non-Discriminatory Hiring Practices: Employers can hold regular training sessions to ensure that hiring managers understand and comply with anti-discrimination laws.

  2. Draft Clear Employment Contracts: Employers can mitigate risks by drafting clear and concise employment contracts that outline the terms of employment, including conditions for termination.

Example:

  • Case Example: The book recounts several court cases, such as Wright v. Safeway, Inc., where improper questions during the hiring process led to claims under the Americans with Disabilities Act (ADA).

2. Employment Discrimination

Key Points:

  • Protected Classes: Glynn identifies protected classes under laws such as Title VII of the Civil Rights Act, the Age Discrimination in Employment Act (ADEA), and the ADA.

  • Proving Discrimination: The book explores mechanisms for proving discrimination, including disparate treatment and disparate impact theories.

  • Reasonable Accommodations: Under the ADA, employers are required to provide reasonable accommodations to employees with disabilities unless it causes an undue hardship.

Actions:

  1. Implement Anti-Discrimination Policies: Employers should establish and enforce strong anti-discrimination policies, incorporating practices for handling complaints.

  2. Offer Reasonable Accommodations: Employers should actively engage in the interactive process with employees requesting accommodations to determine feasible adjustments.

Example:

  • Case Example: Glynn discusses Griggs v. Duke Power Co., where employment practices that disproportionately affected African American employees were found invalid despite appearing neutral.

3. Workplace Safety and Employee Rights

Key Points:

  • Occupational Safety and Health Administration (OSHA): The book covers OSHA regulations and the employer’s duty to provide a safe working environment.

  • Family and Medical Leave Act (FMLA): Glynn explains employee entitlements under FMLA, including provisions for unpaid leave for certain medical and family reasons.

  • Whistleblower Protections: Protections are in place for employees who report violations or unsafe conditions.

Actions:

  1. Conduct Safety Audits: Employers should perform regular safety audits and training sessions to comply with OSHA standards.

  2. Develop a Family Leave Policy: Employers can draft and disseminate clear policies regarding employees’ rights and the process to request FMLA leave.

Example:

  • Case Example: Glynn describes the Faragher v. City of Boca Raton case, illustrating how employers can be held liable for the harassing conduct of supervisors affecting workplace safety.

4. Wages, Hours, and Benefits

Key Points:

  • Fair Labor Standards Act (FLSA): This act sets minimum wage, overtime pay, and child labor standards affecting full-time and part-time workers.

  • Employee Benefits: The book also details laws governing employee benefits, including the Employee Retirement Income Security Act (ERISA) and the Affordable Care Act (ACA).

  • Misclassification of Employees: Glynn emphasizes the importance of correctly classifying employees as exempt or non-exempt to avoid legal penalties.

Actions:

  1. Audit Wage and Hour Practices: Conduct regular audits to ensure compliance with FLSA requirements related to minimum wage and overtime.

  2. Review Employee Classification: Employers should routinely review job descriptions and classifications to ensure they meet legal standards and avoid misclassification.

Example:

  • Case Example: The book references Chavez v. City of Albuquerque, highlighting the implications of misclassifying non-exempt employees and failing to provide appropriate overtime compensation.

5. Termination and Unemployment Compensation

Key Points:

  • Wrongful Termination: Glynn discusses wrongful termination claims, focusing on violations of public policy, implied contracts, and covenants of good faith.

  • Severance Agreements and Releases: The book covers the negotiation and enforceability of severance agreements, emphasizing the need for clear terms and voluntary compliance.

  • Unemployment Insurance: He explains eligibility criteria for unemployment benefits and the process to contest denials.

Actions:

  1. Draft Clear Termination Policies: Employers should develop and communicate clear termination policies to reduce the risk of wrongful termination claims.

  2. Negotiate Fair Severance Agreements: When terminating employment, negotiate and document severance agreements that comply with state and federal laws.

Example:

  • Case Example: In the case of Bard v. Bath Iron Works Corp., the discussion revolves around an employee who successfully contested a termination based on public policy violations, providing insight into establishing fair termination practices.

Conclusion

“Understanding Employment Law” by Timothy L. Glynn serves as an essential guide for anyone involved in employment law, from practitioners to employers. The book’s structured approach, coupled with concrete examples and specific legal contexts, provides readers with a thorough understanding of the various pillars upholding employment relationships. By following the actionable advice within each section, employers and HR professionals can better navigate the complex legal landscape, ensuring compliance and fostering a fair, safe, and productive workplace.

This structured summary covers the main themes and actionable advice from Glynn’s book, using specific examples to illustrate key points.

Business Law and EthicsEmployment Law