Employers and the Law: 2013–14 Anthology of Best Articles

Van Rye Publishing, LLC
Free sample

The law touches almost every aspect of the relationship between employers and their employees. Hundreds of articles are written every year about legal developments that impact this relationship. This book is a compilation of the best of these articles that were written between March 1, 2013, and February 28, 2014. This time frame was selected because it includes end-of-year articles that review key changes in the law during 2013 and beginning-of-year articles that cover trends and action items for 2014.

The articles in this collection were written by leading US employment law experts. In selecting these articles, the goal was to include articles that are concise, clearly-written, practical, and relevant to the responsibilities of business owners, managers, and human resource professionals—and to their legal advisors.

The result is a mixture of two types of articles. Some articles focus on fundamental, recurring legal concerns. These include, for example, articles on employer responsibilities relating to holiday activities, off-duty conduct, record keeping, reductions in force, retaliation, seasonal workers, severance agreements, trade secrets, and workplace violence.

Other articles address issues that have recently received national attention as a result of changes in the business and legal environment. These include articles on employer responsibilities relating to criminal background checks, Bring Your Own Device policies, workplace bullying, electronic communications, “leaning in,” obesity, social media, telecommuting, and workplace wellness programs.

The articles are organized into four groupings. The first group (“Opening Test”) will test whether you have a sound understanding of employers’ legal responsibilities. The second group (“Broad Coverage”) includes review articles that summarize legal developments in 2013 and agendas for 2014. Articles in the third group (“Global Concerns”) address US employers’ increasing concerns with the legal environment outside the United States. The fourth group of articles (“Specific Topics”) comprises most of the book and covers specific topics relating to ongoing and emerging legal responsibilities of employers.

We hope that the resources in this book will help you achieve business success in a responsible manner.

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About the author

GEORGE J. SIEDEL is the Williamson Family Professor of Business Administration and the Thurnau Professor of Business Law at the University of Michigan. He teaches courses on negotiation, public policy, and business law at Michigan’s Ross School of Business. He has also taught seminars around the world to business leaders, entrepreneurs, attorneys, judges, physicians, and athletic directors. In conjunction with his courses and seminars, he developed several free negotiation planning tools and a free app, which are available at http://www.negotiationplanner.com.

Professor Siedel completed graduate studies at the University of Michigan and Cambridge University. He served as a visiting professor at Stanford University and Harvard University and as a Visiting Scholar at Berkeley. As a Fulbright Scholar, he held a Distinguished Chair in the Humanities and Social Sciences.

Professor Siedel has received several national research awards, including the Maurer Award, the Ralph Bunche Award, and the Hoeber Award. He has also received many teaching awards, including 2014 and 2018 Executive Program Professor of the Year Awards from a consortium of 36 leading universities committed to international education.
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Additional Information

Publisher
Van Rye Publishing, LLC
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Published on
May 18, 2014
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Pages
213
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ISBN
9780990367161
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Features
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Language
English
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Genres
Business & Economics / Business Communication / General
Business & Economics / Business Ethics
Business & Economics / Business Etiquette
Business & Economics / Business Law
Business & Economics / Conflict Resolution & Mediation
Business & Economics / Corporate Governance
Business & Economics / Decision-Making & Problem Solving
Business & Economics / General
Business & Economics / Human Resources & Personnel Management
Business & Economics / Information Management
Business & Economics / Leadership
Business & Economics / Management
Business & Economics / Management Science
Business & Economics / Motivational
Business & Economics / Nonprofit Organizations & Charities / General
Business & Economics / Nonprofit Organizations & Charities / Management & Leadership
Business & Economics / Office Management
Business & Economics / Organizational Behavior
Business & Economics / Skills
Business & Economics / Small Business
Business & Economics / Training
Business & Economics / Workplace Culture
Law / Disability
Law / Discrimination
Law / Labor & Employment
Law / Liability
Social Science / Sexual Abuse & Harassment
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Content Protection
This content is DRM protected.
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Eligible for Family Library

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In this book, the functions and dynamics of enterprises are explained with the use of anthropological methods. The chapters are based on anthropological research that has continued mainly as an inter-university research project, which is named Keiei Jinruigaku, of the National Museum of Ethnology (Japan) since 1993. These studies have a twofold aim: to clarify that enterprises are not only actors in economic activity but also actors that create culture and civilization; and to find the raison d'être of enterprises in a global society. Business anthropology is an approach to the investigation of various phenomena in enterprises and management using anthropological methodology (e.g., participant observations and interviews). Historically, its origin goes back to the 1920s–30s. In the Hawthorne experiments, the research group organized by Elton Mayo recruited an anthropologist, Lloyd W. Warner, and conducted research on human relations in the workplace by observation of participants. Since then, similar studies have been carried out in the United States and the United Kingdom. In Japan, however, such research is quite rare. Now, in addition to anthropological methods, the authors have employed multidisciplinary methods drawn from management, economics, and sociology. The research contained here can be characterized in these ways: (1) Research methods adopt interpretative approaches such as hermeneutic and/or narrative approaches rather than causal and functional explanations such as “cause–consequence” relationships. (2) Multidisciplinary approaches including qualitative research techniques are employed to investigate the total entity of enterprises, with their own cosmology. In this book, the totality of activities by enterprises are shown, including the relationship between religion and enterprise, corporate funerals, corporate museums, and the sacred space and/or mythology of enterprises. Part I provides introductions to Keiei Jinruigaku and Part II explains the theoretical characteristics of Keiei Jinruigaku. In addition, research topics and cases of Keiei Jinruigaku are presented in Part III.
“This book is a contemporary classic—a shrewd and spirited guide to protecting ourselves from the jerks, bullies, tyrants, and trolls who seek to demean. We desperately need this antidote to the a-holes in our midst.”—Daniel H. Pink, best-selling author of To Sell Is Human and Drive

How to avoid, outwit, and disarm assholes, from the author of the classic The No Asshole Rule 
As entertaining as it is useful, The Asshole Survival Guide delivers a cogent and methodical game plan for anybody who feels plagued by assholes. Sutton starts with diagnosis—what kind of asshole problem, exactly, are you dealing with? From there, he provides field‐tested, evidence‐based, and often surprising strategies for dealing with assholes—avoiding them, outwitting them, disarming them, sending them packing, and developing protective psychological armor. Sutton even teaches readers how to look inward to stifle their own inner jackass.
            Ultimately, this survival guide is about developing an outlook and personal plan that will help you preserve the sanity in your work life, and rescue all those perfectly good days from being ruined by some jerk.
 
“Thought-provoking and often hilarious . . . An indispensable resource.”—Gretchen Rubin, best-selling author of The Happiness Project and Better Than Before
 
“At last . . . clear steps for rejecting, deflecting, and deflating the jerks who blight our lives . . . Useful, evidence-based, and fun to read.”—Robert Cialdini, best-selling author of Influence and Pre-Suasion
 
Are we driving off a digital cliff and heading for disaster, unable to focus, maintain concentration, or form the human bonds that make life worth living? Are media and business doomed and about to be replaced by amateur hour?

The world, as Nick Bilton—with tongue-in-cheek—shows, has been going to hell for a long, long time, and what we are experiencing is the twenty-first-century version of the fear that always takes hold as new technology replaces the old. In fact, as Bilton shows, the digital era we are part of is, in all its creative and disruptive forms, the foundation for exciting and engaging experiences not only for business but society as well.

Both visionary and practical, I Live in the Future & Here’s How It Works captures the zeitgeist of an emerging age, providing the understanding of how a radically changed media world is influencing human behavior:

   • With a walk on the wild side—through the porn industry—we see how this business model is leading the way, adapting product to consumer needs and preferences and beating piracy.
   • By understanding how the Internet is creating a new type of consumer, the “consumnivore,” living in a world where immediacy trumps quality and quantity, we see who is dictating the type of content being created.
   • Through exploring the way our brains are adapting, we gain a new understanding of the positive effect of new media narratives on thinking and action. One fascinating study, for example, shows that surgeons who play video games are more skillful than their nonplaying counterparts.
   • Why social networks, the openness of the Internet, and handy new gadgets are not just vehicles for telling the world what you had for breakfast but are becoming the foundation for “anchoring communities” that tame information overload and help determine what news and information to trust and consume and what to ignore.
   • Why the map of tomorrow is centered on “Me,” and why that simple fact means a totally new approach to the way media companies shape content.
   • Why people pay for experiences, not content; and why great storytelling and extended relationships will prevail and enable businesses to engage with customers in new ways that go beyond merely selling information, instead creating unique and meaningful experiences.
 
I Live in the Future & Here’s How It Works walks its own talk by creating a unique reader experience: Semacodes embedded in both print and eBook versions will take readers directly to Bilton’s website (www.NickBilton.com), where they can access videos of the author further developing his point of view and also delve into the research that was key to shaping the central ideas of the book. The website will also offer links to related content and the ability to comment on a chapter, allowing the reader to join the conversation.
We all negotiate on a daily basis. We negotiate with our spouses, children, parents, and friends. We negotiate when we rent an apartment, buy a car, purchase a house, and apply for a job. Your ability to negotiate might even be the most important factor in your career advancement.

Negotiation is also the key to business success. No organization can survive without contracts that produce profits. At a strategic level, businesses are concerned with value creation and achieving competitive advantage. But the success of high-level business strategies depends on contracts made with suppliers, customers, and other stakeholders. Contracting capability—the ability to negotiate and perform successful contracts—is the most important function in any organization.

This book is designed to help you achieve success in your personal negotiations and in your business transactions. The book is unique in two ways. First, the book not only covers negotiation concepts, but also provides practical actions you can take in future negotiations. This includes a Negotiation Planning Checklist and a completed example of the checklist for your use in future negotiations.

The book also includes (1) a tool you can use to assess your negotiation style; (2) examples of “decision trees,” which are useful in calculating your alternatives if your negotiation is unsuccessful; (3) a three-part strategy for increasing your power during negotiations; (4) a practical plan for analyzing your negotiations based on your reservation price, stretch goal, most-likely target, and zone of potential agreement; (5) clear guidelines on ethical standards that apply to negotiations; (6) factors to consider when deciding whether you should negotiate through an agent; (7) psychological tools you can use in negotiations—and traps to avoid when the other side uses them; (8) key elements of contract law that arise during negotiations; and (9) a checklist of factors to use when you evaluate your performance as a negotiator.

Second, the book is unique in its holistic approach to the negotiation process. Other books often focus narrowly either on negotiation or on contract law. Furthermore, the books on negotiation tend to focus on what happens at the bargaining table without addressing the performance of an agreement. These books make the mistaken assumption that success is determined by evaluating the negotiation rather than evaluating performance of the agreement. Similarly, the books on contract law tend to focus on the legal requirements for a contract to be valid, thus giving short shrift to the negotiation process that precedes the contract and to the performance that follows.

In the real world, the contracting process is not divided into independent phases. What happens during a negotiation has a profound impact on the contract and on the performance that follows. The contract’s legal content should reflect the realities of what happened at the bargaining table and the performance that is to follow. This book, in contrast to others, covers the entire negotiation process in chronological order beginning with your decision to negotiate and continuing through the evaluation of your performance as a negotiator.

A business executive in one of the negotiation seminars the author teaches as a University of Michigan professor summarized negotiation as follows: “Life is negotiation!” No one ever stated it better. As a mother with young children and as a company leader, the executive realized that negotiations are pervasive in our personal and business lives. With its emphasis on practical action, and with its chronological, holistic approach, this book provides a roadmap you can use when navigating through your life as a negotiator.
In this instant New York Times bestselling account of violence and espionage, Pulitzer Prize-winning investigative reporter Ronan Farrow exposes serial abusers and a cabal of powerful interests hell-bent on covering up the truth, at any cost.
In 2017, a routine network television investigation led Ronan Farrow to a story only whispered about: one of Hollywood's most powerful producers was a predator, protected by fear, wealth, and a conspiracy of silence. As Farrow drew closer to the truth, shadowy operatives, from high-priced lawyers to elite war-hardened spies, mounted a secret campaign of intimidation, threatening his career, following his every move, and weaponizing an account of abuse in his own family.
All the while, Farrow and his producer faced a degree of resistance they could not explain -- until now. And a trail of clues revealed corruption and cover-ups from Hollywood to Washington and beyond.
This is the untold story of the exotic tactics of surveillance and intimidation deployed by wealthy and connected men to threaten journalists, evade accountability, and silence victims of abuse. And it's the story of the women who risked everything to expose the truth and spark a global movement.

Both a spy thriller and a meticulous work of investigative journalism, Catch and Kill breaks devastating new stories about the rampant abuse of power and sheds far-reaching light on investigations that shook our culture.
INDIE BOUND #1 BESTSELLERUSA TODAY BESTSELLERWALL STREET JOURNAL BESTSELLER
Your friend decides to order a pizza. President Obama decides to authorize the mission that leads to the death of Osama bin Laden. You decide that your business should launch a new product. What do these decisions have in common? They all require using the Three Pillar model of decision making. Our personal, leadership, and business decisions are based on a Law Pillar, a Strategy Pillar, and an Ethics Pillar.

The Three Pillar model originated in a leadership course that every Harvard MBA student takes before graduation. The Harvard course is based on three lenses of decision making: economics, law, and ethics. The Three Pillar model expands these lenses by replacing “economics” with “strategy.” With this change, the model becomes a powerful tool for personal and leadership decisions, as well as for business decisions.

This book takes you through four steps that enable you to use the Three Pillar model for business decisions:

Step One: Become a legally savvy leader. This does not require memorization of legal rules. Instead, you should understand how the law works in practice. Various surveys have identified the key legal areas that every business leader should understand: product liability, employment law, government regulation, intellectual property, contracts, and dispute resolution. This book provides briefings on each area and shows how they impact your key stakeholders: customers, employees, government, and investors.

Step Two: Become an effective risk manager. After your briefings on the law, you are now ready to focus on the Law Pillar. The Law Pillar emphasizes risk management. This book explains how to manage the legal risks that constitute the main threat to your business success. For example, the chapter on product liability will describe how to make strategic new product decisions, how to isolate product risks by creating subsidiaries, and how to design new products to minimize the risk of being sued for selling a defective product.

Step Three: Align the Strategy Pillar with the Law Pillar to create value. Many leaders think that there is an inherent tension between the Strategy Pillar, with its value creation orientation, and the Law Pillar, with its risk management orientation. This book explains how you can overcome this tension and align the two pillars by focusing on the interests of each of your stakeholders. For example, by focusing on customer interests, a process designed to prevent product liability can be transformed into a powerful product development tool.

Step Four: Develop an ethical organization. Understanding the Ethics Pillar of decision making enables you to play a leadership role in developing compliance and values standards for your organization. This role requires that you “walk the talk” by using a principled process for making ethical decisions. By combining the Ethics Pillar with the Law Pillar and the Strategy Pillar, you can become a responsible corporate citizen while at the same time creating value for your shareholders and other stakeholders.

Once you master the Three Pillar model for business decisions, you can easily apply the model to personal decisions and to leadership in any organization.
Savvy managers no longer look at contracting processes and documents reactively but use them proactively to reach their business goals and minimize their risks. To succeed, these managers need a framework and A Short Guide to Contract Risk provides this. The foundation of identifying and managing contract risk is what the authors call Contract Literacy: a set of skills relevant for all who deal with contracts in their everyday business environment, ranging from general managers and CEOs to sales, procurement and project professionals and risk managers. Contracts play a major role in business success. Contracts govern companies' deals and relationships with their suppliers and customers. They impact future rights, cash flows, costs, earnings, and risks. A company's contract portfolio may be subject to greater losses than anyone realizes. Still the greatest risk in business is not taking any risks. Equipped with the concepts described in this book, business and risk managers can start to see contracts differently and to use them to find and achieve the right balance for business success and problem prevention. What makes this short guide from the authors of the acclaimed Proactive Law for Managers especially valuable, if not unique, is its down-to-earth managerial/legal approach. Using lean contracting, visualization and the tools introduced in this book, managers and lawyers can achieve legally sound contracts that function as managerial tools for well thought-out, realistic risk allocation in business deals and relationships.
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