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Employment Law: Cases and Materials

Seventh Edition, 2022

Carolina Academic Press

Steven L. Willborn
Stewart J. Schwab
Gillian L. L. Lester

The seventh edition of Employment Law focuses on the general structure of employment law in the United States, while recognizing variation in the states on many issues. It uses important unifying themes to tie the materials together, such as the relationship between employment law and labor markets and the strategies of employers and employees in reacting to employment laws.

The seventh edition carries forward most of the cases and materials that have proven to be good teaching tools to permit a smooth transition for current users. But it highlights emerging new or expanded areas of interest including:

  • Developments in distinguishing between employees and independent contractors, including the growing influence of ABC rules;
  • The many changes made in response to Covid-19, including changes in unemployment insurance, workers’ compensation, and leave time;
  • Important recent cases, such as Bostock, Dynamex, and National Federation of Independent Business;
    State legislative initiatives in areas such as covenants not to compete and minimum wages; and
    Issues relating to remedies in employment cases, such as attempts to limit or avoid arbitration clauses and how to measure damages.
  • Each of the editors is an experienced teacher and leading scholar in employment law, and each has decanal experience.
    • Steven L. Willborn is the Judge Harry A. Spencer Professor of Law at the University of Nebraska-Lincoln. He was the Dean of the University of Nebraska College of Law from 2001-2009. Willborn has been a Commissioner to the Uniform Law Commission and Reporter of its Drafting Committee for the Uniform Wage Garnishment Act. He has been President of the International Association of Labor Law Journals and a member of the Editorial Board of the Comparative Labor Law and Policy Journal. Willborn teaches Employment Law, Labor Law, Employment Discrimination Law, and Pension and Employee Benefits Law. He received his J.D. from the University of Wisconsin.
    • Stewart J. Schwab is the Jonathan and Ruby Zhu Professor of Law at Cornell University. He was the Allan R. Tessler Dean of Cornell Law School from 2004-2014. He was a Reporter for the American Law Institute’s Restatement of Employment Law, Reporter for the Uniform Law Commission’s Uniform Restrictive Employment Agreement Act, and is Co-Editor of the Journal of Empirical Legal Studies, an Editorial Board member of the Employee Rights and Employment Policy Journal, and former Editorial Board member of Law and Social Inquiry: Journal of the American Bar Foundation. Schwab has taught Employment Law, Labor Law, Employment Discrimination Law, and Whistleblower Law, among other courses. He received his J.D. and Ph.D in economics from the University of Michigan.
    • Gillian L.L. Lester is the Lucy G. Moses Professor of Law at Columbia University and the current Dean of Columbia Law School. Previously, she was the Alexander F. and May T. Morrison Professor of Law and the Werner and Mimi Wolfen Research Professor at the University of California–Berkeley, where she co-directed the Berkeley Center for Health, Economic and Family Security and served as Acting Dean from 2012-2014, and Acting Professor and Professor of Law at UCLA from 1994-2006. She has taught Employment Law, Employment Policy, and Comparative Social Welfare Law. She was an Adviser to the American Law Institute’s Restatement of Employment Law. Lester received her LL.B. from the University of Toronto and her J.S.D. from Stanford University.
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