An Introduction to Employment Law
Employment law literature encompasses a wide range of resources written specifically for lawyers, human resource (HR) professionals, and business owners. What qualifies as employment law literature? The answer lies in the intent of the writer: is the publication written for attorneys who need to be on the cutting edge of recent trends and case law updates, or does the content imply a broader audience, such as business owners or HR professionals?
Many books are written to provide practical guidance in various aspects of employment law. For example, the All-in-One Guide to the Fair Labor Standards Act, by Paul Emerson, is not over-stuffed with cases, but it’s written in a practical, "you’ll understand this" way. It is what it is-a guide to the FLSA with lots of practical pointers and advice. The All-in-One Guide to the Fair Labor Standards Act does not, however, go in-depth on every issue, and for that reason, is certainly not an exhaustive overview of all the problems associated with the FLSA. But do you need a PhD to understand it? Not really .
Then there’s the 50-state survey book: it gives a complete overview of the law as found in every state. It’s written to practitioners who need to either defend a lawsuit in a specific state or who need to know enough about the law in that state to be able to advise clients. While these books tend to be too long for casual reading, they are invaluable for practicing attorneys.
A beginner’s guide, written for someone with no prior or even limited exposure to employment law, also fits within the employment law literature category. In fact, there is a market for works in each category: (1) scholarly (i.e., intellectual property journals and papers); (2) practitioner-oriented; (3) complete updated surveys; and (4) beginning guides. While it is difficult to give a precise breakdown of books by categories (or to categorize them in the first place), one can say that there are numerous works for each type of lawyer, HR professional, or business owner so that if one finds a particular book lacking, there are likely a dozen others on the same topic, written with a different intent, different style, and different substance.
The Best Employment Law Books of 2024
The following list is a compilation of books that have been highly recommended by the legal community in the past year. If you have dedicated yourself to the practice of employment law, you probably already have many of these in your library. However, it’s always good to see what’s new on the shelves.
Many of the following are new editions that have just been released — so you can be sure you have the latest and greatest! Written for human resource professionals: this text is the first step toward finding statutory, regulatory, and case information on each topical area of employment law. Not exhaustive, the Handbook provides information on employers’ legal requirements and a check-list of procedural reminders.
Brought to life by his 20 employment law seminars, this book provides the practicing lawyer with a concise and realistic guide to successful employment litigation defense practice. The Lawyers Manual on Employment Litigation discusses the key elements of, and how lawyers win, employment litigation. It details the process from pre-filing to post-trial judgment collection.
Cohen, a lawyer, and Baim, a former journalist, look at the unpredictable nature of relationships in the workplace, marking the cultural shift from an era of unyielding employer authority to the current conditions of vulnerability that confront workers. They provide perspectives on sex and sexual harassment, gender, race, and class diversity, and describe the detrimental impact of high-end corporate culture on workers.
The three authors—an economist, an attorney, and a social worker—reply to common questions from victims of workplace harassment in this readers’ advisory (they answer 12 questions in 12 chapters). They review how harassment statutes have evolved, provide definitions for key terms like "hostile work environment," and cite several amusing legal cases that illustrate the points under discussion.
From a lawyer who has written extensively on the subject comes this third edition of the well-regarded resource for employers. Each chapter begins with practical questions and answers to common concerns and problems of the workplace, followed by suggestions—for both small and large employers—on how to avoid employment-related legal issues.
Divided into 15 parts, this newest addition to the legal savvy marketing genre provides guidance for nailing down how to market a law firm or practice. First covering how to identify a target client base, Schubach’s advice includes reframing marketing as a two-way communication process, building a media identity with an online presence, and learning to network.
Employment laws governing medical intern and resident physicians ("house staff") and research fellows (physician and non-physician post-doctoral staff) are constantly evolving. This book details the employment rights and obligations of house staff and fellows, and provides critical guidance from experienced employment law practitioners in both areas.
How to Select the Right Book for Your Practice
When it comes to choosing an employment law book, consider your academic needs. Are you pursuing an education in employment law, even if you’re not going into that career necessarily? If so, go for books that cover a broad range of topics and do not focus on one specific area.
For those who plan to practice employment law and be defense attorneys, you may want to search for books that teach how to argue in the courtroom. Also consider what type of attorney you want to be – in-house or labor. In-house attorneys must understand how companies operate, while labor attorneys may also be litigators in addition to working at a firm.
For HR professionals, you will want to look for books that offer more of an overview, so that you can understand all aspects of employment law from wages to discrimination. Those that are strictly about compliance with laws are also a good place to start.
While our options reflect some of the best from sites like Goodreads, Amazon, and the Wall Street Journal, you may want to look at reviews before making a purchase, as you may find some that are truly excellent.
Recent Trends in Employment Law Publications
Employment law is a dynamic field; societal changes lead to changes in the law, and those changes require constant adjustment in our practices. Social media, for instance, has brought about new headaches for employers, and keeping up with the law in this area is critical both to protect businesses and to confirm our role as trusted advisors to our clients. The ABA has published books on social media’s growing role in the workplace, including "Social Media in the Workplace: Law & Practice" and "Social Media in the Workplace: Legal Issues and Practical Approaches." These books offer insights from various experts in the field.
Another growing area is the use of non-compete agreements for lower-level employees. As covered in a prior post, because of the growing use of smartphones, tablets, and laptops in the workplace, employees have increasing access to confidential information, even where they do not have direct access (for example, where the employee works in a different division). As a result, it may be necessary for an employer using non-competes to consider whether its policies and practices have kept up with the changing world—and to consider assembling evidence that the non-compete is appropriate in the instant situation to prevent misappropriation. A few helpful books on non-competes are "Restrictive Covenant Agreements: Legal, Economic, and Policy Issues" from the ABA and "The Law and Economics of Non-Compete Agreements" by Brian B. Miller.
Another area where staying current is essential is the laws regarding independent contractors , as the various tests used for classification continue to evolve to reflect both economic changes and concern over exploitation of workers. Recent publications include "Independent Contractor Compliance in the Twenty-First Century," which focuses on avoiding misclassification of independent contractors, and "Independent Contractor Status in Managed Care: Are the Incentives of the Corporate Practice of Medicine Being Undermined?" discussing the legal concerns that arise when a medical practice hires independent contractors.
While a specific book may not always be available on a particular issue, almost always there is one that addresses an important related issue for a practice group. For example, the recent law school scandal brings with it the question of potential retaliation against whistle-blowers. The book "Whistle Blowers, Leakers, and Their Networks: The Competition for Truth in the Era of Spam Superstars, Wild Wistleblowers, and Citizen Press" discusses issues of whistle-blowing generally, including recent developments in the law and practical guidance for handling those issues.
Whether it is handling an increase in lawsuits arising out of the economic downturn, dealing with increased litigation arising out of a joint employer relationship, understanding the current issues relating to the gig economy, or enforcing restrictive covenants in a changing economic landscape, knowledge of the rules and trends is key to every employment law attorney’s success. The ABA and other publishers continue to put out more and more books to address this ever-changing area of the law.
Print or Digital: Which Format is Best for Employment Law Texts?
Google Books showcases millions of books. It is an incredible window onto the world of literature. But when it comes to employment law books, you cannot rely on Google. You must know and understand what is out there.
Once you have a list of titles, you will face the issue whether to get the digital version of a book or the printed version.
More and more publishers are putting their books out in electronic format first and only making printed copies available on demand. Others continue to publish print books to serve their customers who prefer the digital format or to use as tech support to those dealing with computer issues.
Finding a copy of an employment law textbook for my daughter from a previous post illustrated the difficulties of finding what is available although it is clear that some publishers are moving more quickly to provide digital formats.
Bound Volumes are another excellent way to track down employment law material. While the material is old, it will set you back about $292, shipping included. No one can say you did not go the extra mile. My other enduring memory of the Bound Volume was the fact that you could lose your place for five minutes if someone asked you something.
The Bound Volumes can be accessed directly through Westlaw, LexisNexis, and Bloomberg Law. They are cross referenced with the monthly issues of the BNA’s Labor & Employment Report. I find this makes them easier to use.
Volume 1, which covers the period from 1996 to 1998, is a great way to remember how far the Internet has come.
Which is better, digital vs print?
I have both formats of the Mallen and Smith treatise. I definitely read them in digital format and for the most part prefer it. However, the printed volumes (which are three inches thick) were invaluable when I was writing chapter 40. They have to be carried into court!
I do have a tendency to revert to printed material if it is more than 30 pages in length. However, I am usually content to get a few chapters of a larger book in digital format and read them. In fact, the annual survey updates of Clarke’s Employment Law in Canada are now available in digital format.
For my own practice, I truly appreciate the pressure-tested labor & employment textbooks I have created into PDFs. If I do not to scroll or highlight in the text, it is a simple matter to print a chapter and style it as I need.
Now that I am focused on AI and LLMs (Large Language Models), I am trying to test out how many text books can be reduced to text in digital format and then uploaded and tagged into a program like ChatGPT for querying.
As is the case with so much in the law, there probably is no right answer as to Digital vs Print.
Leading Authorities in Employment Law
Some authors stand as giants in the field who may have more specific areas of expertise and more thoroughly examined those areas than other authors. First on the list is Clyde W. Summers. Clyde W. Summers is the James Dunlop Dawkins Professor at the University of South Carolina School of Law, and served as the Labor Law Reporter for the National Labor Relations Board from 1975 until 1991. Professor Summers has co-authored nine treatises, written two books, completed hundreds of articles, and contributed to at least a dozen other publications.
For 50 years, Summers has followed the evolution of labor law in order to advise legislators on the creation and revision of labor laws. During this time, he has accepted awards from organizations such as the American Bar Association’s Committee on Civil and Constitutional Rights, the National Academy of Arbitrators, the College of Labor and Employment Lawyers, the American Arbitration Association’s Special Recognition Award, the Federal Bar Association’s Judge Kenneth Starr Award, and the Federal Mediation and Conciliation Service Chairman’s Award for Distinguished Service.
In his 1994 work Developing Labor Law, Prof. Summers meticulously chronicled the evolving message of Title VII from its original passing in 1964 as the Civil Rights Act, through its conscious development in 1991, and onward to 1994, the most recent edition. Summers concerned himself not only with the development of individual statutes under Title VII, but the development of Congress’ interpretation of the language of Title VII and whether Congress was following the Supreme Court’s interpretations , or the reverse.
Summers has worked closely with the International Labour Organization for over 35 years. He serves as a judge on the Labor Law Courts of Indonesia, Malaysia, the Republic of Korea, and Fiji. He also served as an advisor to the Labor Law Courts of Korea, the Labor Court of Nepal, the Industrial Court of Guyana, the Labor Relations Commission of Mongolia, the Ministry of Labor of Sri Lanka, the Workforce Development Authority of Trinidad and Tobago, and the Ministry of Labor and Human Resource of Vietnam.
Another author whose exploration of the minutiae of labor law is impressive is Charles J. Morris. When Morris started working on The Nature of Work through the Cornell University Press in 1983, it was intended to address questions that had arisen out of the Supreme Court’s New York City Transit Authority v. Beazer decision. In 2014, Morris obtained his Ph.D. in sociology from Rutgers University and determined that he would now work on a restatement of his "general theory" in The Nature of Work, hoping for publication in the ILO and the International Institute for Labor Studies’ "New Avenue" book series.
Morris is currently a faculty member at Cornell University and an associate of Bite Consulting. He also has worked for the U.S. National Labor Relations Board and the United States Department of Labor.
Morris’ expertise has also led him to be called upon to make recommendations to the government about how labor laws should be codified and interpreted, as well as working on litigation before the International Labour Organization and administering the courses on labor law, labor relations, and union organization at the ILO International Training Center in Turino, Italy.