Individual Employment Law
A Guide to Selected Sources
Charlene Cain
rev. September 2003
Table of Contents
Individual Employment Law
Charlene C. Cain
Revised August 2002
NOTICE: The purpose of this pathfinder is to assist in the identification and use of potentially relevant sources of legal information. Nothing in this document should be interpreted as legal advice. Items cited in this pathfinder can be located using the library’s catalog. Also, many of the items cited can be used electronically through LEXIS , WESTLAW, and the Internet.
Introduction
The focus of this pathfinder is individual employment law, which deals with the legal relationship between employers and employees at the individual, as opposed to the collective, level. Employment law consists of federal and state statutes, administrative regulations, and judicial decisions. Many employment laws (e.g., minimum wage regulations) were enacted as protective labor legislation. Other employment laws take the form of public insurance, such as unemployment compensation. This guide will include few materials related to employment discrimination, as that will be covered in another guide. A good starting point for the study of individual employment law is William H. Rogers, Employment Law (1994).
Reserve Reading Room KF 3775 .R59 1994
Statutory Provisions
United States Code
Title 29, Labor
United States Code (USC)
2nd Floor, Federal Collection
USC Popular Names Table
http://www4.law.cornell.edu/uscode/topn/
Findlaw
http://www.findlaw.com
House of Representatives’ Office of Law Revision Counsel
http://uscode.house.gov/usc.htm
Cornell’s Legal Information Institute
http://www4.law.cornell.edu/uscode/
Department of Labor
http://www.dol.gov/cgi-bin/consolid.pl?regs+statutes
United States Code Annotated (USCA)
2nd Floor, Federal Materials
Westlaw, USCA database
United States Code Service (USCS)
2nd Floor, Federal Materials
LEXIS, Genfed library, USCS files
Legislative Histories
Celada, Raymond J. Equal Employment Opportunity: Legislative History and Analysis of Title VII of the Civil Rights Act of 1964. [Washington, D.C.]: Library of Congress, Congressional Research Service, [1965]. Reproduced in Major studies of the Legislative Reference Service, Congressional Research Service; reel 1, fr.0025.
JK1108 .M34 1916-74 REEL 1
Downing, Paul M. The Equal Employment Opportunity Act of 1972: Legislative History. [Washington, D.C.]: Congressional Research Service, Library of Congress, [1975]. Reproduced in Major Studies of the Congressional Research Service. 1975-76 supplement; reel 1, fr.0103).
JK1108 .M34 1975/76
Also found in
Hein's federal legislative histories collection; record no. 134
Documents--Microform KF 42.2 1997
The Equal Employment Opportunity Act of 1972: Editorial Analysis, Discussion of Court Decisions under 1964 Act, Text of Amended Act, Congressional Reports, Legislative History. Washington, DC: Bureau of National Affairs, [1973].
KF 3464 .B79
ERISA: A Selected Legislative History, 1974-1986. Washington, DC: Bureau of National Affairs, 1988.
KF 3512.A315 A15 1988
Legislative History of the Equal Employment Opportunity Act of 1972: (H.R. 1746, P.L. 92261), Amending Title VII of the Civil Rights Act of 1964, prepared by the Subcommittee on Labor of the Committee on Labor and Public Welfare, United States Senate. Washington: U.S. G.P.O., 1972.
Hein's federal legislative histories collection; record no. 133
Documents--Microform KF 42.2 1997
Legislative History of the Older Workers Benefit Protection Act (S. 1511 and related bills), Prepared for the Committee on Labor and Human Resources, United States Senate. Washington: U.S. G.P.O., 1991.
Hein's federal legislative histories collection; record no. 257
Documents--Microform KF 42.2 1997
Legislative History of Titles VII and XI of Civil Rights Act of 1964. Washington, D.C.: United States Equal Employment Opportunity Commission, [1968].
Hein's federal legislative histories collection; record no. 096
Documents--Microform KF 42.2 1997
Regulatory Provisions
Code of Federal Regulations
2nd Floor Federal Material
4th Floor, Government Documents
National Archives official site
http://www.access.gpo.gov/nara/cfr/index.html
Department of Labor Code of Federal Regulations pertaining to DOL
http://www.dol.gov/dol/compliance/compliance-rulemaking.htm
To locate federal regulatory requirements related to employment law, use Congressional Universe (accessible via computers in the Law Center) to search Title 29 of the Code of Federal Regulations. When searching for specific subjects in print, search the CIS Index to the Code of Federal Regulations (4th Floor, Range 31B) under the following headings:
Employees
Employee Benefits
Employee Evaluation
Employee Expenses
Employee Organizations
Employee Recruitment
Employee Resignation
Employee Rights
Employee Safety
Employee Status
Employment Practices
Personnel Management
Personnel Policies and Practices
Cases
To locate cases, use the case decision annotations in the annotated state statutes and the annotated federal codes. Also use the West’s Federal Practice Digest under the topics
Master & Servant
Employers’ Liability
Officers & Public Employees
West’s state and regional digests are on the 4th floor of the Law Library behind the elevator. The federal and Supreme Court digests are on the 2nd floor with the Federal Materials.
Administrative Decisions
Opinions of the Solicitor for the Department of Labor Dealing with Workmen's Compensation from August 1908 to April 1915.
R13 L1.2:Op 3/2
Decisions of the Employees' Compensation Appeals Board.
R 13 L 28.9:
http://www.dol.gov/ecab/decisions.htm
Federal Labor Relations Authority
http://www.flra.gov/
Decisions and Interpretations of the Federal Labor Relations Council, 1970-78; functions transferred to the Federal Labor Relations Authority in l979
Y 3.F 31/21:9
Decisions of the Federal Labor Relations Authority. Continues Decisions and Interpretations of the Federal Labor Relations Council
Y 3.F 31/21-3:10-4
Digests and Tables of Cases of Decisions and Interpretations of the Federal Labor Relations Authority
Y 3.F 31/21-3:9-2
Report of Case Decisions
Y 3.F 31/21-3:9
(1998 forward) http://www.flra.gov/18.html
Federal Mine Safety and Health Review Commission
http://www.msha.gov/
Decisions
R 13 Y 3.M 66:9
Occupational Safety and Health Review Commission
http://www.oshrc.gov/index.html
Citator of the Decisons of the Occupational Safety and Health Review Commission.
R 13 Y 3.Oc 1:10-4
Index to Decisions of the Occupational Safety and Health Review Commission.
R 13 Y 3.Oc 1:10
OSAHRC Reports. Cited OSAHRC.
R 13 Y 3.Oc 1:10
Social Security Administration
http://www.ssa.gov/
Social Security Bulletin
US Government Documents HE 3.3/3: and SSA 1.22:
Social Security Handbook
US Government Documents HE 3.6/8: and SSA 1.8/3:
Social Security Rulings
US Government Documents–Microform HE 3.44/2:
http://www.ssa.gov/OP_Home/rulings/
Social Security Publications on CD-ROM
Government Documents workstation
Social Security Publications on the Web
http://www.ssa.gov/about.htm
See also
University of Virginia, Administrative Decisions & Opinions page
http://www.law.virginia.edu/admindec
Looseleaf Services
Benefits Review Board Service (Bender)
KF 3613.4 .B45
Employee Benefits Cases
KF 3509 .A513
Employment Practices Guide
Reserve Reading Room KF 3315 .L3
Individual Employment Rights Cases (BNA)
KF 3365 .L32
Labor Relations Reporter (BNA)
Reserve Reading Room KF 3365 .L32
Labor Law (Matthew Bender)
KF 3315 .K48
Labor Law Reporter (CCH)
Reserve Reading Room KF 3315 .L3
Larson’s Workers' Compensation Law
Reserve Reading Room KF 3613.4 .L37
Qualified Retirement and Other Employee Benefit Plans
KF 3512 .C33
Termination of Employment
KF 3471.A6 M33 1984-1994
Unjust Dismissal (Matthew Bender)
KF 3471.Z95 L37 1985-
Wage and Hour Cases (BNA)
KF 3315 .L46
Primary Journals
Berkeley Journal of Employment and Labor Law
K 9 .N39
Comparison of State Unemployment Insurance Laws
US Government Documents L 37.212:
Employee Rights and Employment Policy Journal
K 5 .M7
Employment and Earnings (Department of Labor)
US Government Documents L 2.41/2:
Hofstra Labor Law Journal
K 8 .O35
Continued by Hofstra Labor and Employment Law Journal, which is available online or through interlibrary loan (See also HeinOnline)
Industrial Relations Law Journal
K 9 .N39
Occupational Outlook Handbook
US Government Documents L 2.3/4:
Replaced by O*NET, the Occupational Information Network (see Internet Resources)
The Labor Lawyer
K12 .A27
Recently Published Secondary Sources
Library of Congress Subject Headings for use in the Law Library’s online catalog, iLink (http:/www.law.lsu.edu/library/)
The Library of Congress has an established hierarchy of subject headings for what is commonly referred to as Anna Camp. The recommended subject headings are...
Labor laws and legislation
Personnel management--Law and legislation
Employee rights
... which may be further subdivided in a variety of ways, including geographically, i.e., labor laws and legislation--United States. Other suggested subject headings include:
Employees--Dismissal of--Law and legislation--United States
Minimum wage--Law and legislation--United States
Hours of labor--Law and legislation--United States
Children--Employment--Law and legislation--United States
Personnel records--Law and legislation--United States
Confidential communications--Personnel records--United States
Privacy, Right of--United States
These headings should be used in the online catalog in conjunction with a keyword search.. See the Law Library Quick Guide, Searching the Online Catalog, for search strategies.
Journal articles can be located using the Index to Legal Periodicals and Books (ILPB) and Current Law Index (CLI), which are located on the index table on the 2nd Floor. The third floor index table has the Index to Foreign Legal Periodicals, useful when doing comparative research on the law of other countries, as well as another current set of the ILPB. The ILPB is also available via all computer desktops in the Law Center by clicking on the Wilson Web icon or pointing a browser to http://vnweb.hwwilsonweb.com/hww/. Legal periodicals are indexed on both LEXIS (Law Reviews, Combined) and WESTLAW (ILP and JLR).
ABC of Women Workers' Rights and Gender Equality. Geneva: International Labour Office, 2000.
K 1772 .A72 2000
Alessandra, M. Nan... [et al.]. Counseling the Small Business Client in Louisiana. Eau Claire, WI: NBI, 2000.
KFL 234.A75 C68 2000
The Americans with Disabilities Act: Questions and Answers. [Washington, DC]: U.S. Equal Employment Opportunity Commission: U.S. Dept. of Justice, Civil Rights Division, [2001].
Y 3.EQ 2:2 AM 3/2/2001
Baker & McKenzie. Worldwide Guide To Termination, Employment Discrimination, And Workplace Harassment Laws. Chicago, IL: CCH Inc., 2000.
K 1765 .W67 2000
Bernstein, David E. Only One Place of Redress: African Americans, Labor Regulations, and the Courts: From Reconstruction to the New Deal. Durham [NC]: Duke University Press, 2001.
KF 3464 .B47 2001
Bingham, Clara, and Laura Leedy Gansler. Class Action: The Story of Lois Jenson and the Landmark Case That Changed Sexual Harassment Law. 1st ed. New York, NY: Doubleday, 2002.
KF 228.J464 B56 2002
Brown, V. I. Veteran Preference Employment Statutes: A State-By-State and Federal Government Handbook. Jefferson, NC: McFarLand & Co., 2001.
KF 3460.Z95 B76 2000.
Covington, Robert N., and Kurt H. Decker. Employment Law in a Nutshell. 2nd ed. St. Paul, MN: West Group, 2002.
Circ Desk KF 3455.Z9 C68 2002
Dinsmore & Shohl, LLP. The HR Survival Guide to Labor & Employment Law. Cincinnati, OH: National Underwriter Co., 2001.
KF 3369 .H73 2001 OFFICE
Gold, Michael Evan. An Introduction to the Law of Employment Discrimination. 2nd ed. Ithaca, NY: IRL Press/Cornell University Press, 2001.
KF 3464.G55 2001
Gregory, Raymond F. Age Discrimination in the American Workplace: Old at a Young Age. New Brunswick, NJ: Rutgers University Press, 2001.
KF 3465 .G74 2001
Hajdin, Mane. The Law of Sexual Harassment: A Critique. Selinsgrove: Susquehanna University Press; London: Associated University Presses, 2002.
KF 3467 .H34 2002
Hardin, Patrick, John E. Higgins, Christopher T. Hexter, and John T. Neighbours. The Developing Labor Law: The Board, the Courts, and the National Labor Relations Act. 4th ed. Washington, DC: Bureau of National Affairs, 2001.
RESERVES KF 3369 .D48 2001
Hebert, Michael D. Advanced Issues in Louisiana Employment Law. Eau Claire, WI : NBI, 2001.
KFL 331 .H43 2001
Kahn, Steven. Legal Guide to Human Resources. Boston: Warren, Gorham & Lamont, 1994-
KF 3319 .P47 1994-
Kohn, Stephen M. Concepts and Procedures in Whistleblower Law. Westport, CT: Quorum Books, 2001.
KF 3471 .K638 2001
Leiter, Samuel, and William M. Leiter. Affirmative Action in Antidiscrimination Law and Policy: An Overview and Synthesis. Albany, NY: State University of New York Press, 2002.
KF 4755.5 .L45 2002
McDonald, James J., Jr., and Francine B. Kulick. Mental and Emotional Injuries in Employment Litigation. 2nd ed. Washington, DC: Bureau of National Affairs, 2001.
KF 1264 .M46 2001
Rabinowitz , Randy S. Occupational Safety and Health Law. 2nd ed. Section of Labor and Employment Law, American Bar Association. Washington, DC: Bureau of National Affairs, 2002.
On Order
Rhode, Deborah L, and Jennifer A. Drobac. Sex-Based Harassment: Workplace Policies for the Legal Profession. Chicago, IL: American Bar Association Commission on Women in the Profession, 2002.
KF 3467.Z9 R46 2002
Seemann, Charles F. III, Edward F. Hennessey, and Richard Craig Cooper, eds. The Construction Lawyer's Guide to Labor & Employment Law. Chicago, IL: Forum on the Construction Industry, American Bar Association, 2001.
KF 3580.C6 C66 2001
Shilling, Dana. The Complete Guide to Human Resources and the Law. Paramus, NJ: Prentice Hall, 1998.
KF 3455 .S55 1998
State by State Guide to Human Resources Law. New York, NY: Panel, 1990-
KF 3455.Z95 S72 2001
State Individual Employment Rights Laws: Labor Relations, Employee Leave, Employee Rights. Chicago, IL: CCH Inc., 2002.
RESERVES KF 3455.Z95 S734 2003
Stefan, Susan. Hollow Promises: Employment Discrimination Against People with Mental Disabilities. 1st ed. Washington, DC: American Psychological Association, 2002.
KF 3469 .S74 2002
Taffaro, Michael. Protection for Employees Who Serve: Veterans Constantly on the Escalator of Seniority. Independent research paper for spring 2002 semester submitted to Professor Corbett, Paul M. Hebert Law Center. [2002].
KF 3460.Z9 T34 2002
Electronic Sources
Online Services
Westlaw
FLB-ALL
Federal labor and employment–combined materials includes case law, statutes and legislative history, administrative law, news, practice guides
FPEN-ALL
Pension and retirement benefits databases
WCLR, MWC-ADMIN
Workers' Compensation databases
LEXIS
From the initial screen, select AREA OF LAW–BY TOPIC, then click on LABOR AND EMPLOYMENT. From this access point, it is possible to search federal and state cases, administrative decisions, the CFR and the Federal Register, specific legislative histories, OSHA publications, etc.
Internet Resources
The Alexander Hamilton Employment Law Resource Center
http://www.ahipubs.com/
American Arbitration Association
http://www.adr.org/index2.1.jsp
National Rules for the Resolution of Employment Disputes (Including Mediation and Arbitration Rules)
Click on Rules (left frame); click on National Rules…
American Bar Association’s Section of Labor and Employment Law–annual meeting papers
http://www.bna.com/bnabooks/ababna/annual/annual.htm#2002
Links to Employment Law Sites & Cites
http://www.contilaw.com/links.html
Employee Benefit Research Institute
http://www.ebri.org/
Employment and Labor Laws (complied by the General Services Administration)
http://www.thecre.com/fedlaw/topicalea.htm
Findlaw
http://www.findlaw.com/01topics/27labor/index.html
Labor Department’s website
http://www.dol.gov/
Legal Information Institute at Cornell University
http://www.law.cornell.edu/topics/employment.html
National Employment Law Institute
http://www.neli.org/
O*NET, the Occupational Information Network, replaces the outmoded Dictionary of Occupational Titles (DOT)
http://www.doleta.gov/programs/onet/
OSHA’s website
http://www.osha.gov/
Yahoo’s Employment Law site
http://www.yahoo.com/Government/Law/Employment_Law/
Charlene Cain
September 2003
