Workers' Compensation and Employee Protection Laws in a Nutshell

, by Hood, Jack B.; Hardy, Benjamin A., Jr.; Lewis, Harold S., Jr.

Write a Review

Note: Supplemental materials are not guaranteed with Rental or Used book purchases.

ISBN: 9780314226457 | 0314226451
Cover: Paperback
Copyright: 7/1/1999

Rent

(Recommended)

$20.09

Term

Due

Price

Semester

May 29

$20.09

Quarter

May 5

$19.09

Short Term

Apr 5

$18.08

*This item is part of an exclusive publisher rental program and requires an additional convenience fee. This fee will be reflected in the shopping bag.
Buy New

Usually Ships in 3-5 Business Days

$25.71

Supplemental Materials

Preface

Table of Cases

xxiii

PART 1. HISTORICAL BACKGROUND OF COMPENSATION LEGISLATION

Employment Related Actions and Legislation

(22)

Employee's Common--Law Remedies

(4)

Fellow--Servant Doctrine

(2)

Contributory Negligence

(1)

Assumption of Risk

(1)

Employers' Liability Acts

(1)

European Compensation Legislation

(2)

Germany

(1)

Great Britain

(1)

State Compensation Acts

(4)

Maryland

(1)

Montana

(1)

Massachusetts

(1)

New York

(2)

Florida

(1)

Federal Legislation

(11)

Federal Employees' Compensation Act

(2)

Federal Employers' Liability Act

(2)

The Jones Act

(2)

Longshore and Harbor Workers' Compensation Act

(4)

Federal Black Lung Benefits Legislation

(1)

PART 2. THE LAW OF WORKERS' COMPENSATION

Theories and Policies of Workers' Compensation

(10)

Constitutional Theories

(4)

Freedom of Contract

(1)

Election

(1)

Presumptive Coverage

(1)

Compulsory Coverage

(1)

Exclusiveness of Remedy

(1)

Social and Economic Policies

(4)

Employee--Employer ``Bargain''

(1)

Industrial Burden for Injuries and Death

(1)

Medical Loss and Wage Loss

(1)

Social Insurance

(1)

Economic Appraisal

(1)

Liberal Construction of Compensation Acts

(2)

Workers' Compensation and the Law of Torts

(8)

Common Law and Statutory Actions

(1)

The Struggle for Coverage and Non--Coverage

(8)

Co--Employees

(1)

Dual Capacity Employers

(1)

Property Actions

(1)

Negligent Inspectors

(1)

Bad Faith

(1)

Products Liability

(1)

Physicians

(1)

Intentional Torts of Employers

(1)

Nonphysical Torts

(1)

Retaliatory Discharge

(2)

The Employee--Employer Relationship

(16)

Employees and Employers Generally

(1)

Employees

(9)

Casual Employees

(1)

Agricultural Employees

(1)

Domestic Employees

(1)

Loaned Employees

(1)

State and Municipal Employees

(1)

Federal Employees

(1)

Participation of Employees in Enterprise

(1)

Volunteers

(1)

Aliens

(1)

Minors

(1)

Illegal Employments

(1)

Independent Contractors

(1)

Professional Employees

(1)

Employers Generally

(6)

Minimum Number of Employees

(1)

General and Special Employers

(1)

Subcontractors and Statutory Employers

(1)

Charitable Organizations

(1)

Concurrent Employers

(1)

Successive Employers

(2)

The Coverage Formula---Necessity for a ``Personal Injury by Accident Arising Out of and in the Course of Employment''

(28)

The Coverage Inquiry

(3)

The ``Arising Out Of'' Concept

(8)

The Five Basic Risk Doctrines

(1)

Proximate Cause

(1)

Peculiar Risk

(1)

Increased Risk

(1)

Actual Risk

(1)

Positional Risk

(1)

A Miscellany of Risks

(1)

Acts of God

(1)

Street Risk Doctrine

(1)

Imported Dangers Doctrine

(1)

Assault

(1)

Horseplay

(1)

Heart Cases

(1)

Pre-existing Injury or Disease

(1)

Unexplained Accidents

(1)

The ``in the Course of'' Concept

(9)

An Introduction and Perspective

(3)

Common ``in the Course of'' Problems

(1)

Going to and From Work

(1)

Mixed-Purpose Trips

(1)

Recreation

(1)

Personal Comfort Doctrine

(1)

Emergencies

(1)

Wilful Misconduct and Violation of Laws, Regulations and Safety Rules

(1)

Intoxication

(1)

Suicides

(1)

The Necessity of ``Personal Injury by Accident''

(4)

The Problems

(3)

The Solution

(1)

Occupational Disease

(4)

Coverage Schemes

(1)

Coverage Problems

(1)

Occupational Disease Versus Accident

(1)

Occupational Disease Versus Common Diseases

(1)

Occupational Disease and Medical Causation

(1)

Special Coverage Restrictions

(1)

Death

(7)

Death Benefits Generally

(1)

Dependency and Partial Dependency

(2)

Widow

(2)

Living With or Apart

(1)

Common--Law Marriage

(1)

Children

(1)

Family and Household Members

(1)

Priorities

(2)

Medical Expenses, Disabilities and Benefits

(15)

Introduction to Recoveries

(1)

Medical Expenses and Rehabilitation

(1)

Selection of Physician

(1)

Medical Loss and Wage Loss

(2)

The Average Wage and Formulas

(1)

Disabilities

(4)

Disabilities Generally

(1)

Temporary Partial

(1)

Temporary Total

(1)

Permanent Partial

100

(1)

Permanent Total

101

(1)

Disfigurement

101

(1)

Multiple and Successive Injuries

102

(2)

Second Injury Funds

104

(1)

Death After Disability

105

(1)

Death Compensation Benefits

106

(1)

Administration

107

(12)

Introduction

107

(1)

Commissions Versus Courts

108

(1)

Notices

109

(1)

Statutes of Limitation

110

(1)

Waiting Periods

111

(1)

Hearings, Evidence and Review

112

(2)

Compromise, Settlement, and Lump Sum Commutation

114

(1)

Reopening, Modification, Termination, and Redistribution

115

(1)

Insurance

116

(2)

Removal

118

(1)

Extraterritorial Problems and Overlapping Coverages

119

(7)

Conflict of Laws

119

(2)

Full Faith and Credit

121

(1)

The Problem of Overlapping Coverage

122

(4)

Third Party Actions

126

(7)

Exclusive Nature of Compensation Act

126

(1)

Who are Third Parties

127

(1)

Third Party Actions Against the Employer

128

(1)

Defenses of Third Parties

129

(1)

Subrogation

129

(2)

Uninsured Motorist Insurance and No-Fault Insurance

131

(2)

Future of Workers' Compensation

133

(6)

The National Commission on State Workmen's Compensation Laws

133

(2)

National Workers' Compensation Standards Act Proposals

135

(1)

Allocation of Future Economic and Social Burdens for Industrial Accidents and Diseases

136

(3)

PART 3. EMPLOYEE PROTECTION LEGISLATION

Unemployment Compensation

139

(11)

Background

139

(3)

Federal Unemployment Insurance Programs

142

(6)

Regular State Programs

142

(1)

Overview

142

(2)

Procedures and Appeals

144

(1)

Extended and Supplemental Benefits

145

(1)

Federal Employees and Ex--Servicemen

146

(1)

Disaster Unemployment Assistance

147

(1)

Trade Adjustment Assistance

147

(1)

State Financed Programs

148

(2)

Extended and Additional Benefits

148

(1)

Unemployment Compensation Disability Benefits

148

(2)

Fair Labor Standards Act

150

(10)

Introduction

150

(2)

Standards and Requirements

152

(4)

Minimum Wage

152

(1)

Overtime Compensation

153

(2)

Sex--Based Wage Discrimination

155

(1)

Child Labor

156

(1)

Coverages

156

(1)

Enforcement and Remedies

157

(3)

Occupational Safety and Health Act

160

(7)

Background and Scope

160

(2)

Standards and Variances

162

(2)

Enforcement and Procedures

164

(3)

Federal Black Lung Benefits Legislation

167

(6)

Background and Scope

167

(2)

Eligibility and Benefits

169

(2)

Procedures

171

(1)

Mining Safety and Health

172

(1)

Social Security

173

(14)

Introduction

173

(3)

Retirement and Survivors Insurance (OASI)

176

(4)

Eligibility for OASI

176

(1)

OASI Benefit Calculations

177

(1)

OASI Benefits

178

(2)

Disability Insurance (DI)

180

(3)

Eligibility

180

(1)

DI Benefits

180

(1)

DI Evaluation

181

(2)

Medicare--Hospital Insurance (HI) and Supplementary Medical Insurance (SMI)

183

(2)

Supplemental Security Income (SSI)

185

(1)

Procedure

185

(2)

Federal and State Anti-Discrimination Laws in General

187

(5)

Federal Laws

187

(3)

State Laws

190

(2)

Title VII of the 1964 Civil Rights Act, as Amended Through 1991

192

(74)

Scope and Coverage

192

(21)

Protection for Individuals

192

(1)

Employers Governed by Title VII/ADEA

193

(3)

American Corporations' Employees Working Abroad; ``Foreign'' Employers' Personnel in U. S. and Overseas; and National Origin, Alienage and Ancestry Discrimination Under Title VII, IRCA, and 42 U. S. C. A. § 1981

196

(7)

Purely or Partly Religious Employers: Coverage, Exemptions, Defenses

203

(1)

Overview: Discrimination Because of Religion

204

(1)

Prima Facie Prohibitions

205

(1)

BFOQ Defense

206

(1)

``Purely'' Religious Organizations

206

(2)

Religiously Affiliated Educational Institutions

208

(2)

All Employers, Religious or Not: The ``BFOQ'' Affirmative Defense

210

(1)

Constitutional Problems Surrounding Regulation of Religious Discrimination

211

(2)

Title VII: The Basic Substantive Prohibitions

213

(53)

The Meaning of Discrimination Because of ``Race,'' ``Color,'' ``National Origin,'' ``Religion,'' and ``Sex''

215

(1)

Race

215

(1)

National Origin, Including Accent Discrimination and Language Rules

215

(2)

Discrimination Based on Gender

217

(5)

Sexual Harassment

222

(1)

Scope and Uniform Requirements

222

(5)

``Quid Pro Quo'' or ``Tangible Terms'' Harassment

227

(2)

Employer Liability for Quid Pro Quo (Tangible Terms) Discrimination

229

(1)

``Hostile Environment'' Discrimination

230

(7)

Employer Liability for Prohibited Hostile Environment Harassment By Supervisors and Co--Workers

237

(5)

First Amendment Implications of Imposing Liability for Environmentally Harassing Speech

242

(1)

The Special Statutory Concept of ``Religion''

243

(3)

Particular Practices Given Special Statutory Treatment

246

(1)

Restrictions Relative to Pregnancy and Abortion

246

(4)

Fetal Vulnerability Rules

250

(1)

Seniority Systems

251

(3)

Professionally Developed Ability Tests

254

(2)

Retaliation

256

(5)

Constructive Discharge

261

(3)

Union Liability

264

(2)

Title VII Modes of Proof, Administrative Procedures, and Remedies

266

(106)

Individual Disparate Treatment---``Direct'' Evidence

266

(9)

In General

266

(4)

The ``BFOQ'' Affirmative Defense

270

(5)

Individual Disparate Treatment---Inferential Proof

275

(17)

In General

275

(9)

The Problem of ``Mixed Motives''

284

(4)

``After--Acquired Evidence'': A Limitation of Employer Liability

288

(4)

Systemic Disparate Treatment

292

(9)

The Relief Stage of the Bifurcated Systemic Disparate Treatment Action

301

(3)

How the Individual and Systemic Disparate Treatment Cases Interrelate

304

(1)

Neutral Practices with Disproportionate Adverse Impact

305

(10)

Administrative Prerequisites and Procedures

315

(25)

In General

315

(5)

Continuing Violations

320

(3)

From EEOC to Federal or State Court

323

(3)

Arbitration as Precluding the Civil Lawsuit: The Potential of the Gilmer Decision

326

(4)

Suit by EEOC

330

(2)

Plaintiff Joinder and Class Actions

332

(5)

Relation of Federal Lawsuit to EEOC Investigation

337

(2)

Employer Recordkeeping Requirements

339

(1)

Title VII Remedies

340

(15)

Reinstatement and Back Pay

340

(5)

Compensatory and Punitive Damages for Title VII and Americans With Disabilities Act Violations After November 20, 1991

345

(8)

Tax Treatment of Settlement or Judgment Proceeds in Employment Discrimination Cases

353

(2)

Retroactive Seniority for Proven Victims of Discrimination

355

(5)

Affirmative Action by ``Voluntary'' Programs and Judicial Decrees

360

(10)

Procedures and Remedies in Affirmative Action Challenges

370

(2)

Other Federal Antidiscrimination Laws

372

(114)

The Civil Rights Acts of 1866, 1870, and 1871

372

(24)

In General

372

(2)

Section 1981

374

(9)

Section 1983

383

(4)

Whether § 1981 Plaintiffs Suing State and Local Government Employers Must Meet the Additional Proof Requirements of § 1983

387

(2)

Bivens Claims Asserted Directly Under U. S. Constitution

389

(3)

Section 1985(3)

392

(4)

The Equal Pay Act of 1963

396

(20)

EPA Coverage, the Prima Facie Case and Affirmative Defenses

397

(1)

Coverage

397

(2)

Equal Work

399

(1)

Unequal Pay

400

(1)

Equal ``Rate'' of Pay

400

(1)

The Necessity of a ``Comparator'' Within a Single ``Establishment''

401

(2)

The Employer's Defenses

403

(2)

Retaliation

405

(1)

Enforcement, Limitations, and Remedies

406

(1)

Enforcement

406

(1)

Limitations

407

(1)

Continuing Violations

408

(1)

Remedies

409

(1)

Gender--Based Compensation Discrimination Outside the Reach of EPA But prohibited by Title VII

410

(1)

Comparable Worth

411

(2)

Claims Covered by Title VII and EPA

413

(3)

The Age Discrimination in Employment Act of 1967, as Amended (``ADEA'')

416

(36)

In General

416

(3)

Coverage

419

(6)

Proof Modes

425

(5)

Mixed Motives in ADEA Disparate Treatment Cases

430

(4)

Does a ``Neutral Practice/Adverse Impact'' Theory Survive Under Adea?

434

(4)

Retaliation

438

(1)

The Older Workers Benefit Protection Act

438

(2)

Waiver of Rights or Claims Under the ADEA After OWBPA

440

(3)

ADEA Procedures

443

(4)

ADEA Remedies

447

(5)

Sex Discrimination in Federally Funded Education Programs: Title IX

452

(6)

Covered Programs or Activities

453

(2)

Exemptions

455

(1)

Elements of a Private Action Under Title IX

455

(2)

Damages

457

(1)

Costs and Fees: Federal Rule of Civil Procedure 54(d), The Civil Rights Attorney's Fees Awards Act, and Federal Rule 68

458

(19)

Recovering Costs of Suit: F. R. C. P. 54(D)

458

(1)

Attorney's Fees for Prevailing Parties: The Civil Rights Attorney's Fees Awards Act

459

(15)

F. R. C. P. 68: The Denial of Post-Offer Costs and Fees to a Plaintiff Who Rejects a Defendant's Offer of Judgment and Obtains a Smaller or Equal Judgment

474

(3)

Disability Discrimination: The Americans with Disabilities Act of 1990 and the Rehabilitation Act of 1973

477

(9)

Miscellaneous Employee Protection Laws

486

(15)

Employee Retirement Income Security Act of 1974 (ERISA)

486

(1)

National Labor Relations Act

487

(1)

Labor Management Relations Act

488

(1)

Federal Construction Projects

489

(1)

Executive Orders

490

(1)

Foreign Boycott Laws

491

(1)

Federal Credit Laws

491

(1)

Jury Service

492

(1)

Unjust Discharges

492

(3)

Drugs in the Workplace

495

(1)

Polygraphs

496

(1)

Notice of Plant Closings

496

(1)

Migrant Farm Workers

497

(1)

Contagious Diseases in the Work Place

497

(1)

Family and Medical Leave

498

(1)

Violence Against Women

498

(1)

Uniformed Services Personnel

499

(2)

Index

501

FREE SHIPPING

Rent More, Save More! Use code: BBRENTAL

5% off 1 book, 7% off 2 books, 10% off 3+ books

Workers' Compensation and Employee Protection Laws in a Nutshell

Table of Contents

Supplemental Materials