Wage & Hour Collective and Class Litigation
Wage & Hour Collective and Class Litigation

Author: Noah A. Finkel

Publisher:

Published: 2017

Total Pages:

ISBN-13: 9781588523310

DOWNLOAD EBOOK

Wage and hour litigation continues to proliferate, carrying with it the risk of potentially exorbitant damage awards. Written from the defense perspective, Wage & Hour Collective and Class Litigation covers every step of a case, from complaint to certification, trial, verdict, settlement or dismissal. It's the first and only publication focusing exclusively on this growing area of practice and provides a vital weapon for employers. This comprehensive, up-to-date guide discusses how employers are targeted and the substantive, procedural and practical considerations that determine the outcome of wage and hour cases in today's courts. It includes analysis of the complex rules surrounding all types of wage and hour lawsuits: claims under the Fair Labor Standards Act (FLSA), claims under state wage and hour laws, "hybrid" cases involving both, and special issues involving government contractors. It explains how to proceed upon receipt of a wage and hour claim, how to assess the merits of the claim, whether to settle, how to oppose plaintiffs' motion for conditional certification and to facilitate notice, what the best affirmative defenses are, and how to tilt the odds in the defense's favor. Though designed to assist defense lawyers, this companion to high-stakes litigation will also prove useful to in-house counsel not involved in litigation, to plaintiffs' lawyers seeking analysis from the viewpoint of opposing counsel, and to any attorney developing an interest in this robust field of law.

The Employer Bill of Rights
The Employer Bill of Rights

Author: Jonathan T. Hyman

Publisher: Apress

Published: 2013-01-26

Total Pages: 292

ISBN-13: 1430245522

DOWNLOAD EBOOK

Any employee can sue any employer at any time, and for just about any reason. There is no such thing as a bulletproof personnel decision. It’s no wonder businesses fear lawsuits from employees—they are costly in terms of time, money, and distraction. But fear not. The Employer Bill of Rights: A Manager’s Guide to Workplace Law is a practical handbook designed to help managers and business owners navigate the ever-changing maze of labor and employment laws, rules, and regulations. Following its practical guidelines will help you deter most lawsuits and place you in the best possible position to defend those that ultimately are filed. Your expert guide, employment attorney Jonathan T. Hyman, shows you how to assert your rights to protect your investment in people, operations, facilities, and other assets—all with any eye to maintaining a more productive, harmonious, and profitable workplace. In addition, The Employer Bill of Rights: Explains in practical and plain language the key legal issues that managers face on a daily basis in managing their employees. Describes how to make personnel decisions that will help you avoid costly litigation. Explains the who, what, why, when, where, and how of each of the major federal employment discrimination acts. Tackles cutting-edge human resources issues such as wage-and-hour disputes and managing social media in the workplace. Shows how to hire and fire employee without the fear of an expensive discrimination lawsuit. Describes how to control your operations by implementing legal policies and procedures related to plant shut downs, employee scheduling, work rules, and the maintenance of confidential, critical information. Proposes recordkeeping practices designed to support your decisions. Shows why you should follow the Golden Rule in all personnel matters with your employees. No personnel decision or policy is litigation-proof, but The Employer Bill of Rights: A Manager’s Guide to Workplace Law will help you make informed decisions to hedge against and avoid the biggest blunders and errors that too often result in expensive and time-consuming lawsuits.

Model Rules of Professional Conduct
Model Rules of Professional Conduct

Author: American Bar Association. House of Delegates

Publisher: American Bar Association

Published: 2007

Total Pages: 216

ISBN-13: 9781590318737

DOWNLOAD EBOOK

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Basic Labor and Employment Law For Paralegals
Basic Labor and Employment Law For Paralegals

Author: Clyde E. Craig

Publisher: Aspen Publishing

Published: 2022-12-26

Total Pages: 525

ISBN-13: 1454833610

DOWNLOAD EBOOK

An effective teaching and learning text, Basic Labor and Employment Law for Paralegals covers all the essential elements in depth and breadth in a rational three part structure. "Introduction to Labor and Employment Law" examines the historical development of labor and employment law in America alongside the nature of the employment relationship. "Labor-Management Relations in the Union Setting" shows how American labor law regulates labor-management relations and includes methods of selecting collective bargaining representatives, unfair labor practices by employers and unions, economic weapons in labor disputes and the formation and administration of labor contracts. "Employment Discrimination" deals with the various forms of discrimination and the methods and procedures of pursuing employment discrimination claims. To underscore concepts and ensure student understanding, each chapter features marginal definitions, fact scenarios illustrating the concepts, and questions about specific facts for the students to consider. Answers to the fact scenarios are included at the end of each chapter. Discussion questions and exercises are provided to help students apply the concepts, and engaging case excerpts give them experience with case analysis. The Second Edition has been completely updated to include new material analyzing the Lilly Ledbetter Fair Pay Act of 2009, a federal statute amending the Civil Rights Act of 1964. Additional new material discusses the Genetic Information Nondiscrimination Act, a federal statute prohibiting employment discrimination on the basis of genetic information. Fresh case references and examples appear throughout the text. Hallmark features of Basic Labor and Employment Law for Paralegals: Covers all essential elements of United States labor and employment law in depth Divided into three sections o Introduction to Labor and Employment Law historical development of labor and employment law in America nature of the employment relationship o Labor-Management Relations in the Union Setting how labor law regulates labor-management relations methods of selecting collective bargaining representatives unfair labor practices by employers and unions economic weapons in labor disputes the formation and administration of labor contracts o Employment Discrimination various forms of employment discrimination in American law methods and procedures of pursuing employment discrimination claims Chapter pedagogy o marginal definitions o fact scenarios illustrating the concepts

Handbook of Section 1983 Litigation 2013
Handbook of Section 1983 Litigation 2013

Author: Esq. Lee (David W.)

Publisher: Wolters Kluwer

Published: 2013-04-16

Total Pages: 1424

ISBN-13: 1454826894

DOWNLOAD EBOOK

If you need the short answer to a Section 1983 question, and you can't afford to waste time running down the wrong research path, turn to the Handbook of Section 1983 Litigation, 2013 Edition. This essential guide is designed as the practitioner's desk book. It provides quick and concise answers to issues that frequently arise in Section 1983 cases, from police misconduct to affirmative actions to gender and race discrimination. It is organized to help you quickly find the specific information you need whether you're counsel for the plaintiff or defendant. You will find a clear, concise statement of the law governing every aspect of a Section 1983 claim, extensive citation to legal authority, every major Supreme Court ruling on Section 1983, as well as key opinions in every circuit, and a detailed overview of case law. The Handbook of Section 1983 Litigation, 2013 Edition is written by David Lee, a practicing expert with 20 years of litigation experience. He has lectured on civil rights topics before thousands of litigators during his career, and argued four cases before the United States Supreme Court, as well as numerous cases before the Tenth Circuit Court of Appeals. This new updated 2013 Edition features coverage of recent important Section 1983 U.S. Supreme Court cases including: Skinner v. Switzer Arizona Christian School Tuition Organization v. Winn Camreta v. Greene NASA v. Nelson Connick v. Thompson Brown v. Plata Swarthout v. Cook Turner v. Rogers Duryea v. Guarnieri Arizona Free Enterprise Club's Freedom Club PAC v. Bennett Brown v. Entertainment Merchants Association Ortiz v. Jordan Fox v. Vice This is the one reference to keep at your fingertips at a hearing, trial, or deposition when dealing with Section 1983 cases.

The Essential Guide to Handling Workplace Harassment & Discrimination
The Essential Guide to Handling Workplace Harassment & Discrimination

Author: Deborah England

Publisher: NOLO

Published: 2009

Total Pages: 330

ISBN-13: 9781413310498

DOWNLOAD EBOOK

Considers the practical realities of applying the law on a day-to-day basis and answers all the common questions, covering: what harrassment is and how to stop it, when and how discrimination occurs, how to conduct training, how to handle employee complaints, and much more. Original.

The Law and Business of Litigation Finance
The Law and Business of Litigation Finance

Author: Steven Friel

Publisher: Bloomsbury Publishing

Published: 2020-12-01

Total Pages: 492

ISBN-13: 1526515261

DOWNLOAD EBOOK

The Law and Business of Litigation Finance considers the international development of the law and practice of high value litigation and arbitration funding. It is an essential guide for those who provide or seek such funding, as well as for anyone who wishes to understand the litigation funding process and to avoid pitfalls. It answers questions such as: - How do litigation funders raise capital and how do they spend it? - What are their corporate and financial structures? - What type of cases do they invest in and what are their returns? - What are the key legal issues relating to litigation funding? The Law and Business of Litigation Finance assists various parties, including: - Those who do not have the resources or risk appetite to proceed in litigation or arbitration without financial support - Law firms who are interested in a significant business development opportunity, and fairer outcome for litigants - Insolvent estates, whose biggest assets are their potential claims - Judges, arbitrators and other neutral parties in funded dispute resolution cases - Regulators, legislators and policymakers in the fields of legal and financial services - Investors who seek high risk, high return opportunities The book is edited by one of the most accomplished litigation funders in the international market and has contributions from leading experts drawn from legal practice, financiers and academia. The focus is on the UK and the US, the two main centres for the international litigation funding industry, with reference to Australia, New Zealand and other select jurisdictions. As the first book on litigation finance to take an international, and particularly transatlantic, perspective, this is a must-have guide for all lawyers, commercial court judges, legal policy makers, regulators, investors, and academics in these jurisdictions.

Litigation Services Handbook
Litigation Services Handbook

Author: Roman L. Weil

Publisher: John Wiley & Sons

Published: 2017-03-30

Total Pages: 1439

ISBN-13: 1119363160

DOWNLOAD EBOOK

The comprehensive "bible" for financial experts providing litigation support The Litigation Services Handbook is the definitive guide for financial experts engaged in litigation services. Attorneys require financial experts now more than ever, and this book provides the guidance you need to provide a high level of service as witness and consultant. Enhance your litigation skills as you delve into the fine points of trial preparation, deposition, and testimony; project authority under examination, and hold up to tough questions under cross-examination. Fraud investigations are a major component of litigation support services, and this book delves deep into Sarbanes-Oxley compliance and other relevant topics to give you a foundational understanding of how these cases are prosecuted, and your role as the financial services expert. This updated sixth edition includes new coverage of technology's role in the financial expert's practice, and the focus on investigations provides practical insight from leading experts in the field. From the process itself to proving damages, this indispensable reference covers all aspects of litigation services. Providing litigation support requires more than just your financial expertise; you also need a working knowledge of relevant case law, and a deep understanding of both the litigation process and the finer points of courtroom appearances. This book provides the insight and perspective you need to provide superior service to attorneys and their clients. Understand your role in trial preparation and testimony presentation Provide authoritative responses to direct and cross examination Examine and analyze Sarbanes-Oxley rulings Lend financial expertise to fraud investigations The growing demand for financial expert litigation services has created a niche market for CPAs, creating a lucrative opportunity for qualified accountants who also possess the specialized knowledge the role requires. The Litigation Services Handbook is THE essential guide for anyone involved in financial litigation.