PointofLaw.com

FORUM FEATURED DISCUSSIONS PoL COLUMNS LEGAL EXPERTS ARTICLES BOOKS LINKS MASTHEAD ADVANCED SEARCH

Categories


Employment Law FORUM ARCHIVE

Over the past 45 years, legislators, regulators, and courts have invented and imposed on the American workplace a vast and ambitious new body of law ranging from harassment and handicap-accommodation law to age discrimination law to family leave to new common-law doctrines making employers liable for "wrongful termination," "workplace defamation," and much more. Practicing lawyers refer to this new field as employment law, and distinguish it from the earlier labor law associated with the New Deal. . . .  Continue reading...

McGovern on card check By Walter Olson, 08-08-2008

CPSC bill headed to President, etc. By Carter Wood, 08-01-2008

CPSC bill, increasing litigation, regulation, litigation By Carter Wood, 07-30-2008

Comparable worth, under any other name, still invites lawsuits By Carter Wood, 07-24-2008

July 30: Chamber ILR event canceled By Walter Olson, 07-22-2008

"Pay gap" mythology By Walter Olson, 07-14-2008

Around the web, July 14 By Walter Olson, 07-13-2008

Carrie Lukas on the Obama equal pay pander By James R. Copland, 06-25-2008

Obama's equal pay gambit By James R. Copland, 06-23-2008

Vicarious wage-hour liability By Walter Olson, 06-19-2008

More on Ricci v. DeStefano By Walter Olson, 06-17-2008

Second Circuit: race-conscious discarding of test results OK By Walter Olson, 06-13-2008

More critiques of Riegel v. Medtronic, preemption By Carter Wood, 06-11-2008

Indiana affirms "workplace bullying" verdict By Walter Olson, 06-01-2008

Flawed Victory, WaPo Says About Discrimination Rulings By Carter Wood, 05-29-2008

We're the AP, we don't have to be fair By Walter Olson, 05-28-2008

Blawg Review #161 By Walter Olson, 05-27-2008

Genetic Information Nondiscrimination Act, cont'd By Walter Olson, 05-06-2008

Genetic Information Nondiscrimination Act Passes By Carter Wood, 05-01-2008

Eric Posner on Ledbetter Act By Ted Frank, 04-28-2008

Immunity for the King, Prosecutors and Smithsonian, Too By Carter Wood, 04-27-2008

No Doubt on Genetic Nondiscrimination Act By Carter Wood, 04-24-2008

Genetic Nondiscrimination: Sounds Good, Right? By Carter Wood, 04-24-2008

Ledbetter: Cloture Fails By Carter Wood, 04-23-2008

Fair Pay, Fair Play and Fair Limitations By Carter Wood, 04-23-2008

Ledbetter: The Politics of Scheduling By Carter Wood, 04-23-2008

Another Ledbetter Observation By Carter Wood, 04-22-2008

Ledbetter: No Limitations, Just Litigation By Carter Wood, 04-22-2008

LeRoy: "Do Courts Create Moral Hazard? When Judges Nullify Employer Liability in Arbitrations: An Empirical Analysis" By Ted Frank, 04-14-2008

Connecticut high court finds "implicit" employer duty to accommodate disabled By Walter Olson, 04-13-2008

"Organized Labor's International Law Project?" By Walter Olson, 04-02-2008

Another RICO-for-hiring-illegals suit dismissed By Walter Olson, 03-29-2008

SCOTUS labor/employment law cases By Walter Olson, 03-27-2008

California judge: Starbucks should pay $100 million By Walter Olson, 03-21-2008

Around the web, March 14 By Walter Olson, 03-14-2008

Employment at will in Colorado By Walter Olson, 03-10-2008

RICO in labor-management disputes By Walter Olson, 03-07-2008

AP: "Carpal tunnel cases are plummeting" By Walter Olson, 03-06-2008

"Attorney Faces Criminal Charges After Clients Quit Their Nursing Jobs" By Walter Olson, 03-05-2008

Sexual Harassment: A Strange, Vague "Tort" By Hans Bader, 02-28-2008

Not a "Pro-Business" Supreme Court By Hans Bader, 02-27-2008

It's Not a "Dream Court for American Business" By Hans Bader, 02-27-2008

Sexual Harassment Bait and Switch By Hans Bader, 02-26-2008

Prejudice and Double Standards in Sexual Harassment Cases By Hans Bader, 02-26-2008

Double Standards at Duke -- and in the Courts By Hans Bader, 02-24-2008

WSJ on alien-hiring RICO By Walter Olson, 02-16-2008

Employment at will in New York By Walter Olson, 02-14-2008

Update: court dismisses illegal-hiring RICO suit against Tyson By Walter Olson, 02-13-2008

Sarbox whistleblower law _sans frontieres_ By Walter Olson, 02-12-2008

"IBM responds to overtime lawsuits with 15% salary cuts" By Walter Olson, 01-25-2008

Employee handbooks By Walter Olson, 01-23-2008

Sexual harassment of mall Santas By Walter Olson, 12-20-2007

Connecticut Employment Law Blog By Walter Olson, 12-06-2007

NYC mulls "caregiver discrimination" law By Walter Olson, 12-06-2007

Use and Abuse of the Family and Medical Leave Act By Ted Frank, 12-02-2007

Breastfeeding accommodation By Walter Olson, 11-29-2007

Thomas Geoghegan's "See You in Court" By Ted Frank, 11-28-2007

"F**th*rb*dd*ng" By Walter Olson, 11-27-2007

Energizing California's sue-your-boss law? By Walter Olson, 11-15-2007

"Family responsibility discrimination" By Walter Olson, 11-01-2007

Parade of new blogs By Walter Olson, 10-31-2007

Workplace defamation suits By Walter Olson, 10-30-2007

Damned if you do, damned if you don't: "Fetal Injury at Work" By Ted Frank, 10-29-2007

New York's Taylor Law By Walter Olson, 10-22-2007

Taxation of employment-law damages By Walter Olson, 10-16-2007

Around the web, October 10 By Walter Olson, 10-10-2007

The magic of employment class actions By Walter Olson, 10-06-2007

Business Week on wage/hour, overtime suits By Walter Olson, 10-01-2007

John Edwards' pension pretensions By Walter Olson, 09-25-2007

San Diego courts hit with overtime suit By Walter Olson, 09-22-2007

Equal Remedies Act of 2007 By Walter Olson, 09-21-2007

"Exhibit A in Painting Court as Too Far Right" By Walter Olson, 09-07-2007

Canadian employment law heats up By Walter Olson, 09-06-2007

House's anti-Ledbetter legislation By Walter Olson, 09-04-2007

Killer comments in employment litigation By Walter Olson, 08-30-2007

"Workplace bullying" legislation By Walter Olson, 08-24-2007

"My personnel records, please" By Walter Olson, 08-21-2007

"Family responsibilities discrimination" hits the Times By Walter Olson, 08-04-2007

Union Negotiates Contract, then Joins Suit attacking it By Michael Krauss, 07-27-2007

"Family responsibilities discrimination" By Walter Olson, 07-13-2007

The peer-review fishbowl By Walter Olson, 07-07-2007

George Will on card check By Walter Olson, 06-21-2007

Getting killed in a bar robbery By Walter Olson, 06-18-2007

High court upholds home care overtime exemption By Walter Olson, 06-14-2007

Great moments in labor arbitration By Walter Olson, 06-11-2007

"Obama flunks Econ 101" By Walter Olson, 06-07-2007

"New York to the DOJ: Hands Off Our Fire Department" By Walter Olson, 06-04-2007

Supreme Court enforces pay-bias deadline By Walter Olson, 05-31-2007

EEOC on "caregiver discrimination" By Walter Olson, 05-30-2007

Around the web, May 16 By Walter Olson, 05-16-2007

Got a "mean" boss? See 'em in court By Walter Olson, 05-15-2007

OSHA and its critics By Walter Olson, 05-04-2007

EEOC sues Salvation Army over "English-only" policy By Walter Olson, 05-03-2007

FedEx to pay $55 million to settle race-bias claims By Walter Olson, 04-25-2007

Do as we say, cont'd By Walter Olson, 04-23-2007

Big win for Calif. wage-hour lawyers By Walter Olson, 04-20-2007

Business Week cover story: "Fear of Firing" By Walter Olson, 04-18-2007

EEOC launches hiring crackdown By Walter Olson, 04-16-2007

"Card check" in Canada By Walter Olson, 04-14-2007

Employment law: A "No Bad Apples Rule"? By Walter Olson, 04-11-2007

New York's scaffold law By Walter Olson, 04-10-2007

Texas Jones Act lawsuits By Walter Olson, 04-02-2007

Here comes "family responsibilities discrimination" By Walter Olson, 04-01-2007

"Asking an employee about retirement can get you sued" By Walter Olson, 03-27-2007

Answering company email during nonworking hours By Walter Olson, 03-23-2007

One-way fee-shifting By Walter Olson, 03-15-2007

The rewards of break time By Walter Olson, 03-12-2007

Alvin Lurie: More on cash balance plans By Walter Olson, 03-08-2007

Hedge funds hit by employment suits By Walter Olson, 02-27-2007

The card-check "travesty" By Walter Olson, 02-26-2007

"Voter intimidation" and card checks By Walter Olson, 02-16-2007

Quotations from Judith Vladeck By Walter Olson, 02-14-2007

More on Dukes v. Wal-Mart By Ted Frank, 02-08-2007

Sued if you do files: workplace religious accommodation By Walter Olson, 02-08-2007

Wal-Mart class affirmed by Ninth Circuit, 2-1 By Ted Frank, 02-07-2007

Card check for me, but not for thee By Walter Olson, 02-02-2007

Employment law: benightedness not unlawful By Walter Olson, 01-29-2007

"Telecommuters Are Reaching Out to Sue Their Employers" By Walter Olson, 01-28-2007

Around the web, January 25 By Ted Frank, 01-25-2007

Family & Medical Leave Act disputes on the rise By Walter Olson, 01-25-2007

Cash Balance Pension Plans Not Discriminatory: Supremes Deny Appeal By Michael Krauss, 01-17-2007

"S.F. businesses scramble over sick leave law" By Ted Frank, 01-17-2007

Cash balance pension plans By Walter Olson, 01-13-2007

Job applicants' credit records By Walter Olson, 01-09-2007

George Will on the minimum wage By Walter Olson, 01-06-2007

News bulletin: EEOC wins loses does some of each By Walter Olson, 01-05-2007

A Franchisor is Not an Employer By Michael Krauss, 01-02-2007

Immigration/employer whipsaws, cont'd By Walter Olson, 12-29-2006

"Workplace bullying" not a cause of action By Walter Olson, 12-29-2006

"Graying of US academia stirs debate" By Walter Olson, 12-28-2006

Swift & Co. meat plant immigration raids By Ted Frank, 12-27-2006

Are criminals a protected class? By Ted Frank, 12-19-2006

PIRG fund-raising By Walter Olson, 12-18-2006

Strangling Pensions II By Ted Frank, 12-14-2006

Wal-Mart overseas-supplier-labor suit By Walter Olson, 12-13-2006

African-Americans at law firms By Ted Frank, 11-29-2006

Fulbright & Jaworski corporate litigation survey By Walter Olson, 11-27-2006

Setback for overtime suits By Walter Olson, 11-18-2006

Costco sex-bias class action By Walter Olson, 11-14-2006

"Pain-and-a-half" By Walter Olson, 10-25-2006

Update: Suing employers of illegal aliens By Walter Olson, 10-15-2006

UK adopts age-discrimination law By Walter Olson, 09-30-2006

NYC Commission on Human Rights By Walter Olson, 09-23-2006

Checking employment references By Walter Olson, 09-21-2006

White-collar overtime suits By Walter Olson, 09-15-2006

CIA Officer Liability Insurance By Martin F Grace, 09-11-2006

NYC jawbones ad shops into hire-by-numbers vow By Walter Olson, 09-09-2006

Blawg Review #73 at Workplace Prof Blog By Walter Olson, 09-05-2006

Wal-Mart as social program By Walter Olson, 08-29-2006

Suing employers of illegal aliens By Walter Olson, 08-23-2006

Mustn't discourage these things, you know By Walter Olson, 08-21-2006

Big win for at-will employment in California By Walter Olson, 08-18-2006

Los Angeles a Center for "Non-Employment" By Gail Heriot, 08-09-2006

"Caregiver discrimination" By Walter Olson, 07-31-2006

Employees charged with crimes By Walter Olson, 07-26-2006

HIPAA and employment litigation By Walter Olson, 07-21-2006

Europeans skeptical of Sarbanes-Oxley By Walter Olson, 07-18-2006

Workplace defamation verdicts By Walter Olson, 07-17-2006

Chicago Tribune on overtime suits By Walter Olson, 07-16-2006

Bounty-hunting employers of illegal aliens By Walter Olson, 07-10-2006

Million dollar employment verdicts By Walter Olson, 07-08-2006

Burlington Northern v. White By Walter Olson, 06-26-2006

Peace-Loving Mosque Fires Radical Imam, He Sues, Guess What Result? By Michael Krauss, 06-19-2006

RICO for illegal-alien-hiring? Not so fast By Walter Olson, 06-19-2006

Surge in overtime suits By Walter Olson, 06-07-2006

Paying indicted employees' legal fees By Walter Olson, 06-01-2006

Stockbroker overtime, cont'd By Walter Olson, 05-10-2006

Blawg Review #56: Sex, Virtual Weddings, and Baseball By James R. Copland, 05-08-2006

RICO and illegal-alien-hiring, cont'd By Walter Olson, 04-28-2006

Who Knows Whether Or When You May Say That? By Benjamin Zycher, 04-27-2006

How I beat the EEOC By Walter Olson, 04-14-2006

Online job applications, cont'd By Walter Olson, 04-13-2006

McKinney and employment class actions By James R. Copland, 04-06-2006

How well do you understand wage and hour law? By Walter Olson, 04-05-2006

And Now For Something Completely Different By Michael Krauss, 03-28-2006

Rolling back the FLSA By Walter Olson, 03-27-2006

"Indentured employertude" By Walter Olson, 03-24-2006

French student riots By Walter Olson, 03-20-2006

Arise, ye prisoners of high-paid brokerage jobs By Walter Olson, 03-09-2006

Raising the minimum wage By Walter Olson, 03-07-2006

Nonprofit organizations' legal risks By Walter Olson, 02-08-2006

General contractors in Connecticut By Walter Olson, 02-03-2006

Online job applications By Walter Olson, 01-30-2006

No "living wage" for hired picketers By Walter Olson, 01-28-2006

NY Times mag on "living wage" laws By Walter Olson, 01-18-2006

Do as I say: ACORN and the minimum wage By Walter Olson, 01-09-2006

Rough justice, indeed, for Wal-Mart By Walter Olson, 01-07-2006

Plaintiffs ask for $66 million, get three times that, from Wal-Mart By Michael Krauss, 12-23-2005

Keeping records of online job applications By Walter Olson, 12-20-2005

Ross Runkel: "Employment Law 101" By Walter Olson, 12-11-2005

Great moments in affirmative action By Walter Olson, 11-22-2005

Wal-Mart and health insurance By Ted Frank, 11-03-2005

Alito and the FMLA By Walter Olson, 11-02-2005

"Resplendent in their new rights"... but unemployable? By Walter Olson, 11-02-2005

Sociopathically litigious, cont'd By Walter Olson, 10-27-2005

Administration reinstating Davis-Bacon in disaster zone By Walter Olson, 10-27-2005

Drawbacks of employment-law practice By Walter Olson, 10-24-2005

FedEx race-bias suit By Walter Olson, 10-15-2005

"Davis-Bacon Confidential" By Walter Olson, 10-12-2005

Update: Jasper popcorn suits settle By Ted Frank, 10-09-2005

Davis-Pork in the Gulf By Walter Olson, 09-21-2005

Davis-Bacon lifted in disaster zone By Walter Olson, 09-15-2005

Big-hearted UFCW vs. Wal-Mart By Walter Olson, 09-13-2005

Employment law overview By James R. Copland, 09-12-2005

Employers' responsibilities after natural disasters By Walter Olson, 09-06-2005

Does the Roman Catholic Church Get Good Legal Advice? By Martin F Grace, 08-31-2005

Comparable worth and the clerks' conveyor belt By Walter Olson, 08-20-2005

Horrors! Roberts criticized "comparable worth" By Walter Olson, 08-17-2005

John Roberts and employment law By Walter Olson, 08-01-2005

The war on Wal-Mart By Walter Olson, 07-27-2005

California labor law By Walter Olson, 07-27-2005

Local Government Liability Problems: Good or Bad? By Martin F Grace, 07-20-2005

Update: RICO suits against illegal-alien-hirers By Walter Olson, 07-17-2005

ADA for employee-only areas? By Walter Olson, 06-25-2005

More Employment at Will vs. Self-Defense By Jonathan B. Wilson, 06-14-2005

Shooting holes in employment at will By Walter Olson, 06-14-2005

Privacy law trips up labor organizers By Walter Olson, 06-08-2005

Post those EEOC posters By Walter Olson, 06-07-2005

Commitment to "social justice" By Walter Olson, 06-01-2005

News flash: Wal-Mart not Beelzebub By Walter Olson, 05-31-2005

Suing managers personally By Walter Olson, 05-28-2005

Needed: criminal checks for trash haulers? By Walter Olson, 05-25-2005

Employment at will By Walter Olson, 05-20-2005

Title IX's invisible ink, cont'd By Walter Olson, 05-09-2005

That $40 million teaching job By James R. Copland, 05-06-2005

Video: Wal-Mart and public policy By Walter Olson, 04-29-2005

"Appearance-based discrimination" By Walter Olson, 04-22-2005

"Workplace bullying" By Walter Olson, 04-18-2005

"UBS Ordered to Pay $29 Million in Sex Bias Lawsuit" By Walter Olson, 04-11-2005

Working at home as "reasonable accommodation" By Walter Olson, 04-07-2005

Clouded crystal ball By Walter Olson, 03-31-2005

Overtime rules By Walter Olson, 03-29-2005

Caregiver discrimination suits By Walter Olson, 03-23-2005

Minimum wage hikes By Walter Olson, 03-18-2005

Wal-Mart class action By Walter Olson, 03-17-2005

Wage and hour suits By Walter Olson, 03-16-2005

Atlanta courthouse shootings By Ted Frank, 03-12-2005

Starbucks managers By Walter Olson, 01-22-2005

Employment: class-action-quake By Walter Olson, 01-13-2005

ERISA suits By Walter Olson, 01-05-2005

Litigating pensions into oblivion By Walter Olson, 12-15-2004

National Association of Manufacturers By Walter Olson, 11-10-2004

The glass ceiling in the mirror By Walter Olson, 10-27-2004

Overtime class actions: lawyers, too By Walter Olson, 10-27-2004

Another employee-misclassification settlement By Walter Olson, 10-22-2004

Stay open through a hurricane, go to jail By Walter Olson, 09-28-2004

Employment suits, for profit or not? By Walter Olson, 09-21-2004

Minimum wage hikes By Walter Olson, 09-17-2004

Examiner piece By James R. Copland, 09-15-2004

California overtime suits By Walter Olson, 09-10-2004

Employers: object to a button, go to jail By Walter Olson, 09-09-2004

Wal-Mart class certification By Walter Olson, 09-07-2004

Working overtime to mislead By Walter Olson, 08-30-2004

"Friends don't let friends censor Friends" By Walter Olson, 08-17-2004

WalMart discrimination suit, cont'd By James R. Copland, 08-16-2004

Sarbanes-Oxley: whistleblowers' delight? By Walter Olson, 08-16-2004

Griggs reconsidered By Walter Olson, 08-12-2004

Always low class certification standards. Always By Walter Olson, 07-22-2004

Reason to repeal RICO, #487 By Walter Olson, 07-12-2004

WalMart challenges gender discrimination class certification By James R. Copland, 07-08-2004

Further thoughts on the Walmart gender-discrimination class action By James R. Copland, 07-02-2004

Popcorn butter: suppliers win one By Walter Olson, 06-30-2004

Wal-Mart class action By Walter Olson, 06-29-2004

Pennsylvania State Police v. Suders By Walter Olson, 06-16-2004

Bad-teacher removal: consensus now complete? By Walter Olson, 05-17-2004

Killer nurse: hospitals didn't share records By Walter Olson, 05-16-2004

At-will employment By Ted Frank, 05-15-2004

Employment law roundup By Walter Olson, 05-13-2004



MORE ON EMPLOYMENT LAW

Books

The Excuse Factory: How Employment Law is Paralyzing the American Workplace



Articles


Overlawyered.com

Employment Law Links
Harassment Law Links
Disabled-Rights Law Links

Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.