Category Archives: Employment Law

New Title! Healthcare Employment Practice

PLI Press is pleased to announce the publication of Healthcare Employment Practice: Policy, Law and Procedure, a new treatise addressing the employment conflicts and challenges that mark today’s hospital and healthcare system.

The hospital and healthcare environment in the U.S. has become more fractured and more fractious in recent years. Job satisfaction is down, contracts are much more complex and the covenants which bind doctors and other healthcare personnel have locked up the futures for many professionals. This clear and concise guidebook responds to these complex issues with examples and details to save time, reduce errors and improve employee satisfaction. It explores how the system actually operates, and suggests how lawyers, human resource professionals and hospital management teams can improve their outcomes through astute planning and careful drafting of agreements.

This book includes:

  • Step-by-step, term-by-term guidance on physician employment contracts, with an emphasis on the problems presented by restrictive covenants, and a full sample Physician Employment Agreement
  • Labor and employment law as it affects healthcare industry employees
  • Issues presented by telemedicine
  • Stark and anti-kickback law compliance

Order a print copy today.

PLI PLUS subscribers can access this title through their subscription.

PLI Current: COVID-19 Special Issue

PLI Press published a special issue of PLI Current to address the developing effects of the COVID-19 outbreak on the legal community. Covering a variety of legal issues related to COVID-19, this special issue contains a mix of original reportage, program materials and transcripts from recent PLI One Hour Briefings. Below is a list of contents along with links to individual articles.

*All articles and online programs related to the global coronavirus crisis are free to access with your PLI login. For upcoming programs, visit pli.edu/coronavirus.

  1. COVID-19: Reducing the Spread of Both Illness and Social Panic 
  2. Coronavirus: What Lawyers Need to Know: Transcript of the PLI One Hour Briefing, conducted March 10, 2020 
  3. Coronavirus: What Lawyers Need to Know (program materials)
  4. Coronavirus: Insurance Coverage for Event Cancellation, Travel and Supply Chain Losses: Transcript of the PLI One Hour Briefing, conducted March 17, 2020 
  5. Coronavirus: Insurance Coverage for Event Cancellation, Travel and Supply Chain Losses (program materials) 
  6. Investment Adviser Regulatory Update: Considerations Regarding the Coronavirus and Getting Ready for the 2020 ADV Update Season: Transcript of the PLI One Hour Briefing, conducted March 18, 2020 
  7. Investment Adviser Regulatory Update: Considerations Regarding the Coronavirus and Getting Ready for the 2020 ADV Update Season (program materials) 
  8. COVID-19 and the Cyber-Risks of Working from Home: Meeting the Challenges: Transcript of the PLI One Hour Briefing, conducted March 25, 2020 
  9. COVID-19 and the Cyber-Risks of Working from Home: Meeting the Challenges (program materials) 
  10. COVID-19 Challenges for First Quarter 2020 Form 10-Q and Annual Meetings: Transcript of the PLI One Hour Briefing, conducted March 26, 2020 
  11. COVID-19 Challenges for First Quarter 2020 Form 10-Q and Annual Meetings (program materials) 
  12. How Employers Can Manage the Coronavirus/COVID-19 Pandemic: Your Workplace Questions Asked—and Answered!: Transcript of the PLI One Hour Briefing, conducted March 26, 2020 
  13. How Employers Can Manage the Coronavirus/COVID-19 Pandemic: Your Workplace Questions Asked—and Answered! (program materials)
  14. Coronavirus Considerations: SEC Disclosure, Labor & Employment, Insurance, Litigation, Breach of Contract and Force Majeure Issues: Transcript of the PLI One Hour Briefing, conducted March 27, 2020 
  15. Coronavirus Considerations: SEC Disclosure, Labor & Employment, Insurance, Litigation, Breach of Contract and Force Majeure Issues (program materials)

Treatise Update: Employment Law Yearbook 2020

Employment Law Yearbook 2020 provides a comprehensive overview of the most important developments in employment law over the past year, including critical case decisions, legislative changes, government agency actions, and other events of interest to employers, employment and HR professionals, corporate attorneys, and employee advocates.

Major topics in the 2020 edition include:

  • Wage-and-hour laws and litigation
  • The Office of Federal Con­tract Compliance Programs (OFCCP) and related recent developments, compliance initiatives, case law, and settlements
  • Discrimination based on gender and related characteristics, the Equal Pay Act, and sexual harassment
  • Discrimination based on race, religion, and national origin
  • Age discrimination, the Age Discrimination in Employment Act (ADEA), the Older Workers Benefit Protection Act (OWBPA), and related litigation
  • Equal employment opportunity (EEO) class actions
  • The Americans with Disabilities Act (ADA)
  • Employee privacy law and privacy rights litigation
  • Protection of trade secrets
  • Whistleblowing and other retaliation claims
  • Employee blogging, social media use by employees and by employers, related laws and regulations, social media in investigations and litigation
  • Family, medical, and military leave, recent developments under the FMLA and USERRA
  • Arbitration, the Federal Arbitration Act (FAA), employer-employee arbitration agreements, and disputes

Order a print copy today.

PLI PLUS subscribers can access this title through their subscription.

New Title! ERISA: Department of Labor Investigations and Litigation

PLI Press is excited to announce the publication of ERISA: Department of Labor Investigations and Litigation, a new treatise focusing on the Department of Labor’s civil enforcement authority and litigation under the Employee Retirement Income Security Act (ERISA).

This new publication has two primary functions: (1) to serve as a reference guide to the Department’s regulations and informal guidance, and (2) to be a resource for the Department’s views on ERISA fiduciary responsibilities as expressed in litigation by highlighting key cases.

The book examines cases brought by the Department directly as the plaintiff or amicus and how its views have been received by the courts. Cases involving private litigants generally are not discussed but are briefly mentioned if they are particularly significant, such as Supreme Court decisions or key lower court opinions. The primary exception concerns the Department’s amicus curiae briefs, which are filed in private party litigation and touch on significant or novel issues before the Supreme Court and circuit courts across the country.

As much of the Department’s enforcement and litigation has focused on pension plans, so does this book, along with an overview of health plan investigations, enforcement, and litigation, including under ERISA Part 7 and the Affordable Care Act. There is also a short discussion of the Department’s criminal enforcement program, as well as a discussion of the impact of the fiduciary, or conflict of interest, rule on the financial services industry and related litigation.

Order your print copy today.

PLI PLUS subscribers can access this title through their subscription.

Treatise Update: Fragomen on Immigration Fundamentals

Offering in-depth coverage of bedrock immigration legislation, the latest USCIS rules and programs, and pivotal court decisions, Fragomen on Immigration Fundamentals: A Guide to Law and Practice (Fifth Edition) provides the legal and procedural knowledge to work more efficiently and effectively with employers, noncitizens, nonimmigrants, refugees, naturalized citizens, and government officials.

The latest release for Fragomen on Immigration Fundamentals updates the following chapters:

Among the new developments covered in this release are:

  • Public charge determinations: The Trump administration has implemented strict new standards for determining whether an adjustment applicant or immigrant visa applicant is, or is likely to become, a public charge. The new rules require officials to weigh a number of factors rather than reviewing only the sponsor’s financial information, and lengthen the list of public benefits to be considered in the review. New section 3:4.3[F], Public Charge Determinations.
  • Southwest border crisis: In August 2019, DHS and HHS issued a new rule relating to the detention of minors, which, in their view, terminates the Flores agreement. The rule creates an alternative licensing scheme that allows the detention of families together in the same facility; states that the criteria governing the parole of persons in expedited removal proceedings apply to minors, as well as to adults; and states that bond redetermination hearings are only available to minors in regular, not expedited, removal proceedings. Section 7:5.7[A], Trump Administration Policies.
  • Asylum claims: The USCIS and EOIR issued a joint rule in July 2019 that bars asylum claims by individuals who enter or attempt to enter the United States across the southern land border after failing to apply for protection from persecution or torture while in a third country through which they transited. That same month, a California district court issued a nationwide preliminary injunction, but the Ninth Circuit limited the reach of the injunction to cases arising within that circuit. New Section 6:2.6[C][7], Failure to Apply in Safe Third Country.
  • Expedited removal: Pursuant to new directive, in July 2019, Acting Secretary McAleenan designated for expedited removal two additional categories of persons. Section 7:5.6[A], Classes of Individuals Subject to Expedited Removal.

This essential treatise is available on PLI PLUS. If you would like to order a print copy, please contact LibraryRelations@pli.edu.

New Edition! Legal Guide to the Business of Marijuana

Legal Guide to the Business of Marijuana is a unique resource for lawyers who represent clients in what has been called the fastest growing industry in the United States. Many states now allow medical and/or recreational use of marijuana, but it remains illegal under the federal Controlled Substances Act. As a result, marijuana enterprises must operate in a legal and regulatory environment of uncertainty and rapid change, and lawyers representing these enterprises must tread carefully when advising clients.

Written by James T. O’Reilly, a lawyer and public health specialist, Legal Guide to the Business of Marijuana offers critical guidance to help lawyers effectively represent their clients while steering clear of seen and as yet unseen perils implicit in the continued federal-state conflict. Highlights of the 2019 Edition include:

  • Discussion and summary of the new laws in Michigan, Missouri, Oklahoma and Utah, the latest states to enact some form of legalization.
  • Coverage of the Agriculture Improvement Act of 2018 (the “2018 Farm Bill”), which legalized production of hemp nationwide while also retaining the regulatory power of the FDA over CBD products derived from hemp.
  • Updated state-by-state Appendix of cannabis-related statutes, regulation, and court cases

This essential treatise is available on PLI PLUS. If you would like to order a print copy, please contact libraryrelations@pli.edu.

Employment Law Yearbook 2019 Edition

Each edition of Employment Law Yearbook provides a comprehensive overview of the most important developments in employment law over the past year, including critical case decisions, legislative changes, government agency actions, and other events of interest to employers, employment and HR professionals, corporate attorneys, and employee advocates. Employment Law Yearbook 2019 details and analyzes recent legal developments, including:

This treatise is available on PLI PLUS. If you would like to order a print copy, please contact libraryrelations@pli.edu.

New Edition! Labor Management Law Answer Book

Labor Management Law Answer Book (2019 Edition) is a concise overview of the controlling provisions of the NLRA and the other major federal labor legislation. The labor and employment experts at Jones Day provide, in question-and-answer format, detailed guidance on the rights and obligations of employees, employers, management, and unions. This useful resource provides the information you need for effective planning and decision-making, and examines important and challenging issues that often arise in relation to:

Labor Management Law Answer Book covers the important and challenging issues involving labor-related rights in the workplace and is an ideal resource for every professional who represents the interests of employees, employers, management, or unions.

This essential answer book is available on PLI PLUS. If you would like to order a print copy, please contact libraryrelations@pli.edu.