Managerial Law: Volume 39 Issue 1

NEW DEVELOPMENTS CONCERNING AGE DISCRIMINATION

Bahman Mirhashemi, Brian H. Kleiner

Today it is more important than any other time in our society for people to look young. It can be said that members of our society are obsessed with youth. The word youth is…

THE FAMILY AND MEDICAL LEAVE ACT OF 1993 — ITS PREDICTED VERSUS ACTUAL IMPACT

David Worker, Brian H. Kleiner

The Family and Medical Leave Act of 1993 was the first bill signed into law by President Clinton after taking office in 1993. The law, which took effect on August 5, 1993…

HOW ORGANISATIONS ARE ADAPTING TO THE AMERICANS WITH DISABILITIES ACT

Jennifer Lynn Rossin, Brian H. Kleiner

The Americans with Disabilities Act (ADA) is now seen as historic legislation. Signed into law by President Bush in July 1990, this cvil rights law is for pople with serious…

NEW DEVELOPMENTS IN WRONGFUL TERMINATION

Tommy Mayer, Brian H. Kleiner

For over one hundred years the law of the land has been “at‐will” employment, the common‐law doctrine that permits either party to terminate an employment relationship at any time…

HOW COMPANIES CAN DOWNSIZE LEGALLY

Stephen Campbell, Brian H. Kleiner

Downsized employees are facing a very difficult job market in the 1990's, and these employees may initiate legal actions against their company. California courts have reported a…

NEW DEVELOPMENTS IN WRONGFUL TERMINATION

Andrew Salcido, Brian H. Kleiner

A growing priority for HR managers is to structure their organisation's employment‐related policies and procedures in such a manner as to minimise the organisation's potential for…

NEW DEVELOPMENTS CONCERNING OVERTIME PAY

Wendy Johnston, Brian H. Kleiner

There have been several new developments in overtime pay within the last decade. The term “overtimepay” was born when congress passed the Fair Labor Standards Act (FLSA) in 1938…

NEW DEVELOPMENTS CONCERNING THE DOCTRINE OF EMPLOYMENT AT WILL

Rick Butsch, Brian H. Kleiner

The “Employment At Will” Doctrine was created in the United States in the late 1800's. This Doctrine was created in 1894 in the case of Payne v. Western & Atlantic RR, 81 Tenn.507…

NEW DEVELOPMENTS CONCERNING WRONGFUL CONSTRUCTIVE TERMINATION

Christopher Gleiter, Brian H. Kleiner

In America the non‐union employment relationship is defined by the rigid doctrine of employment‐at‐will. It is thought to have evolved from the master‐servant relationship which…