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This comprehensive desk manual is the ultimate guide to understanding the impact of employment law on your workplace policies and procedures, perfect for:

  • Advising executive management
  • Responding to an employee complaint
  • Conducting a fair and thorough investigation
  • Avoiding legal entanglements
  • Combating intermittent leave abuse
  • Managing personnel files
  • Stamping out discrimination and harassment
  • Administering complex payroll and overtime issues
  • And much more...

ADA | Discipline and Documentation | Personnel and Other Files | Discrimination | FMLA | Health Benefits | Hiring | Immigration | Internal investigations | Labor and Organizing | Overtime | Privacy and the Electronic Workplace | Sexual Harassment | Termination | Workplace Violence

Fully up-to-date with the latest revisions to FMLA, ADA, COBRA, and other laws.

Prepared by leading employment law attorneys just for Human Resources executives and employers, this all-in-one guide is the one reference no HR department should be without.

Over 650 pages of straight-talk answers to every Human Resources management question!

Here it is – the last word on employer rights and obligations – ready to help you solve any workforce management puzzle quickly and easily. Armed with HR Guide to Employment Law: A Practical Compliance Reference, you’ll never have to search for information on:

  • Employee protections under multiple statutes and regulations
  • What you should do to reduce the risk of legal missteps
  • How to respond to an employee complaint of discrimination, harassment, or worse
  • Executing your least favorite tasks with confidence, such as layoffs, terminations, harassment and discrimination investigations, and other challenges
  • Eliminating the obstructions that prevent maximum workforce effectiveness

To sample this comprehensive employment law guide for 30 days with no payment or obligation, call (800) 274-6774.


Buyers Benefit: To make sure your HR Guide to Employment Law remains up-to-date with changing court interpretations, laws, and regulations, we monitor all branches of government. Each year, we’ll rush you updated chapters on a 30-day review basis. You only honor the invoice if you decide to keep the updated chapters

CONTENTS

ADA

  • ADA coverage limits
  • Who the law protects
  • What the law requires
  • Enforcement authority
  • Interplay with other laws
  • Defining impairment, major life activity and substantially limiting
  • Record of a disability
  • Regarded as disabled
  • Determining if an individual is “qualified”
  • Reasonable accommodation and undue hardship
  • Tips for implementing accommodations
  • Undue hardship
  • Documenting the accommodation process
  • The ADAAA and its impact on reasonable accommodations
  • Dealing with dishonesty
  • Mental disabilities
  • Drug abuse
  • Persons associated with disabled persons
  • Medical examinations and inquiries
  • Confidentiality of medical records
  • Impact of privacy regulations on ADA
  • Fitness-for-duty exams
  • ADA and employee benefit plans
  • Disability-based distinctions
  • Permissible disability-based distinctions
  • Coverage of dependents
  • Wellness programs
  • Issues concerning contingent employees
  • Disability-related inquiries and medical examinations
  • Reasonable accommodations and undue hardship
  • Selection criteria
  • Advice for staffing agencies and client employers
  • Resources for locating reasonable accommodations

Discipline and Documentation

  • Fairness
  • Documentation
  • Employee handbooks
  • Supervisory or human resources policies
  • Offer letters, contracts, and collective bargaining agreements
  • Documentation guidelines
  • Performance evaluations
  • Employee self-evaluations
  • Periodic performance management discussions
  • Counseling and warnings
  • Performance improvement plans
  • Other performance-related documentation
  • Investigating and documenting complaints and misconduct
  • After the investigation
  • Evaluating the decision to discipline
  • Possible forms of discipline
  • The level of discipline to impose
  • Imposing discipline
  • Closing the file

Personnel and Other Files

  • What to keep
  • Where and how long to keep them
  • How to dispose of them
  • Access to personnel files
  • Social security numbers

Discrimination

  • Adverse employment action
  • Disparate treatment
  • Proof of intentional discrimination
  • Pretext and the importance of being truthful
  • Retaliation
  • Causation
  • Specific protected categories
  • Use of criminal history information
  • Disparate impact claims
  • Business reasons and planning for the RIF
  • Employee challenges to the RIF
  • Adverse impact in the RIF context — special statistical concerns
  • Exploring alternatives to a RIF
  • HR’s role in the RIF
  • Separation agreements
  • Employee communications and exit interviews
  • The Lilly Ledbetter Fair Pay Act
  • Protection from retaliation under Title VII

FMLA

  • Covered employers and employees
  • Temporary, transient and telecommuting employees and FMLA
  • Defining child, spouse, parent and next of kin for purposes of FMLA
  • Serious health condition
  • Serious illness or injury incurred in the line of active military duty
  • Cosmetic procedures
  • Substance abuse and “stress”
  • Defining “health care provider”
  • Exigent circumstances
  • FMLA information and documentation
  • Employee leave request requirements
  • Responding to employee leave requests
  • Questioning an employee’s need for FMLA leave
  • Waiting for clarification, authentication, or a second or third opinion
  • When the medical certification form expires
  • When no specific “end time” for the serious health condition exists
  • Who pays for certifications, recertifications, and second and third opinions
  • Documenting non-medical FMLA leave
  • Confirming the relationship between employee and relative
  • Documenting qualifying exigency and injured servicemember leave
  • Employer-entitled information
  • When an employee works another job on FMLA leave
  • Responding to leave fraud evidence
  • Layoffs while an employee is on FMLA leave
  • Discovering performance issues while an employee is on FMLA leave
  • Employee rights and employer responsibilities
  • Employee benefits while an employee is out on FMLA leave
  • Situations under which an employer does not have to reinstate an employee
  • Determining if employee is medically able to return
  • Restrictive return-to-work releases
  • Legal responsibilities in administering FMLA
  • Penalties for failing to properly administer FMLA
  • Recordkeeping requirements
  • Designating leave as FMLA-qualifying
  • Measuring the 12 or 26 week period
  • Measuring the 12 month period
  • Understanding intermittent leave
  • Overtime and intermittent FMLA leave
  • Holidays and accrued time off during FMLA leave
  • FMLA interaction with workers’ comp, short-term disability, maternity leave, state-mandated leave, ADA, offers of light duty, and collective bargaining agreements
  • Fighting abuse of unplanned intermittent leave

Health Benefits

  • Federal benefits laws
  • Other laws and regulations
  • Comparing benefits to other employers
  • Emerging issues with same-sex marriages
  • Your company’s benefits spending
  • Types of health plans
  • Traditional indemnity or fee-for-service health plans
  • Managed-care plans
  • Consumer-driven plans
  • Crafting your health plan
  • Deciding which benefits to cover
  • Getting a handle on quality
  • How to pay for the coverage you choose
  • Contract issues
  • If you’re considering consumer-driven health plans
  • Required disclosures and reports
  • The SPD
  • Other required reports
  • Administering the plan
  • Types of claims
  • Plan participants’ appeal rights
  • Handling benefits when participants’ lives change
  • Handling health plan information
  • HIPAA’s privacy rule
  • HIPAA security requirements

Hiring

  • Features of job descriptions
  • Avoiding disparate impact
  • Advertising positions
  • Intentional discrimination
  • Weeding through applications and resumes
  • Interviewing tips
  • Negligent hiring
  • Steps to take in background checks
  • Pre-offer tests
  • Medical exams under the ADA
  • Using medical test results in making hiring decisions
  • Accommodation under the ADA
  • When is a discriminatory hiring standard allowed?
  • Affirmative action
  • Bona fide occupational qualification
  • The accidental contract
  • Employment contracts
  • Recruiting from the competition
  • Contingent workers
  • Independent contractors
  • Immigrants
  • What records must be kept?
  • I-9s
  • Nonimmigrant classifications
  • Nonimmigrant premium processing
  • Adjustment of status
  • Naturalization
  • Adoption of the new “perm” system
  • Labor certification audit review
  • Employment verification
  • The E-Verify program
  • Work site enforcement

Immigration

  • H-1B Status
  • H-3 Status (Trainees)
  • L-1 Status
  • TN Status
  • E Status
  • O-1 Status
  • F-1 Status
  • J-1 Status
  • Nonimmigrant Procedural Issues and Premium Processing
  • Adjustment of Status
  • Naturalization
  • Adoption of the New “PERM” System
  • Labor Certification Audit Review
  • Recent Department of Labor Rules Affecting Labor Certifications
  • Admission to the United States
  • Visitor Visas
  • Visa Waiver Program
  • Electronic System for Travel Authorization (ESTA)
  • Visa Application Procedures
  • Travel As a Pending Permanent Resident
  • Reentry Permits
  • Western Hemisphere Travel Initiative
  • US Passports
  • Employment Verification
  • The E-Verify Program
  • Work Site Enforcement

Internal investigations

  • Selecting the investigator
  • Independence/bias
  • The involvement of legal counsel
  • Special concerns when investigating high-level executives
  • Outside investigators
  • Attorney-client privilege
  • Protecting the complainant
  • Preventing retaliation
  • Protecting confidentiality
  • Defining the scope of the investigation
  • The order of interviews
  • Assurances against retaliation
  • Right to representation
  • Memorializing the interview
  • Surveillance
  • Digital evidence
  • Eavesdropping
  • Drafting the report
  • What to tell the complainant
  • How to handle raw materials
  • Document retention/destruction policy
  • Harassment, public employers & safety investigations

Labor and Organizing

  • Strikes
  • Right to picket
  • Protected concerted activity
  • Policies or procedures that run afoul of the NLRA
  • Role and structure of the NLRB
  • When the NLRB seeks injunctive relief
  • Union elections and collective bargaining
  • Who can or cannot be included in a unit
  • Preparation for the secret ballot election
  • Bars to election
  • The representation election
  • Duties of bargaining representative and employer
  • Employer and union unfair labor practices

Overtime

  • FLSA requirements
  • Covered employers
  • Covered workers
  • FLSA workweek
  • Minimum wage
  • Overtime
  • Defining work time under the law
  • Calculating overtime
  • Determining total compensation for the workweek
  • Calculating overtime for hourly, salaried, and piece rate/day rate employees
  • Executive, administrative, professional and computer employee exemptions
  • Salaried basis of payment for white collar employees
  • Recordkeeping requirements
  • FLSA practical compliance tips

Privacy and the Electronic Workplace

  • Constitutional privacy rights
  • Federal statutory law
  • State common law
  • Contractual privacy claims
  • Legal limits on pre-employment inquiries
  • Criminal records
  • Litigation history
  • Pre-employment medical inquiries
  • Internet investigations
  • Property searches
  • Medical information
  • Workplace surveillance
  • Personnel records
  • Limits on electronic monitoring
  • Privacy outside the workplace
  • Potential bases for liability
  • State protections of off-duty conduct

Sexual Harassment

  • Definitions
  • Other types of sexual harassment
  • Employer liability
  • Harassment by a supervisor or manager
  • Coworker harassment
  • Harassment by third parties
  • Investigating harassment complaints
  • Corroboration, credibility determinations, and conclusions
  • Documenting the outcome
  • Employer defenses to sexual harassment claims
  • Legitimate business reason for the employment action
  • Bona fide occupational qualification
  • Remedies available to employees who have been sexually harassed
  • Essential policies and procedures
  • Avoiding constructive discharge
  • Preventing retaliation
  • Physical workplace premises audits
  • Training managers, supervisors, and rank-and-file employees
  • Effective complaint process

Termination

  • Members of a protected class
  • Employees who’ve engaged in protected activity
  • Employees on medical, military, or other protected leave
  • Employees who have contractual rights
  • Employees who have asserted a public policy claim
  • Evaluating your evaluations
  • Progressive or corrective discipline
  • Preparing for the termination meeting
  • Allowing the employee to resign
  • The exit interview
  • Employee releases
  • Severance pay
  • Comply with COBRA and state laws
  • Wrongful discharge
  • Labor relations traps for those without unions
  • Reductions in force
  • ERISA interference
  • Handling unemployment claims
  • What you need to know if you are sued

Workplace Violence

  • Types of violence
  • Warning signs
  • The Occupational Safety and Health Act
  • Workers’ compensation
  • Premises liability
  • Anti-discrimination laws
  • Common law claims
  • Owners and executives
  • Human resources
  • Security
  • Union or employee representatives
  • Legal
  • Conduct a site assessment
  • Draft important policies
  • Revise hiring practices
  • Train employees
  • Threat identification and reporting
  • Threat assessment
  • Incident response

HR Guide to Employment Law is now available now for just $297!

Examine HR Guide to Employment Law for 30 days with no risk or obligation.



 

BONUS Forms and Policies: Includes CD-ROM packed with over 80 customizable forms, policies, and other essential workforce management documents.

Try HR Guide to Employment Law risk-free for 30 days!
Call 800-274-6774 for more information.

HR Guide to Employment Law: Prepared by attorneys with extensive experience counseling employers and HR management

Michael E. Barnsback is a partner in the law firm of DiMuroGinsberg where he represents employers in all aspects of federal and state employment litigation from administrative hearings before the Equal Employment Opportunity Commission and local human rights commissions to formal trials in federal court.

Audra K. Hamilton represents employers in all stages of litigation and administrative matters, as well as providing practical advice for real-world problems. She frequently advises employers on various practical solutions for employment issues, including the drafting of policies and handbooks, review of agreements, and the handling of employee performance issues.

Andrew Moriarty is a partner in the Labor & Employment practice at Perkins Coie LLP. Mr. Moriarty litigates discrimination, wage-hour, and other labor and employment claims. He also provides advice and counseling regarding employment contracts, personnel policies and employee handbooks, discipline and discharge, statutory and regulatory compliance, and union avoidance.

Jonathan Trafimow is a partner at Moritt Hock Hamroff & Horowitz LLP where he represents employers in areas of workplace discrimination, retaliation, harassment and civil rights claims, class actions, wage and hour matters, handbooks, severance packages, employment agreements, and other employment-related documents.

Stacie L. Caraway is Of Counsel at the law firm Miller & Martin, where she concentrates her practice in the areas of labor and employment. Ms. Caraway is currently part of a regional civil litigation team, which advises national franchises and other companies concerning general employment and labor law issues and develops, reviews, and updates human resources policies, supporting contracts, and materials.

Kathleen Carlson’s background in law, business, and journalism enables her to dig into law- and business-related topics and boil them down for managers. As an attorney, she focused on employment law, and as a reporter, she covered workplace issues and the business of law, among other topics.

Susan Fahey Desmond is a shareholder with Watkins Ludlam Winter & Stennis, P.A., and has represented management in all areas of labor and employment law. She conducts training for companies throughout the country both through web-based Internet sessions and on-site.

Jesse Goldstein with Vercruysse Murray & Calzone, P.C. practices in the areas of immigration and litigation. He writes and edits a monthly column, The Immigration Corner, for the Michigan Employment Law Letter.

Debra Auerbach Clephane has extensive experience handling immigration matters and defending employers in I-9 compliance actions and advising employers who seek to employ foreign nationals in the United States, as well as experience facilitating the employment of U.S. workers abroad.

Albert L. Vreeland is a founding member and Managing Shareholder of Lehr Middlebrooks & Vreeland, P.C. Mr. Vreeland has represented employers in the entire range of employment litigation from Title VII, ADA, ADEA, FMLA, OSHA, and ERISA to claims under the First Amendment, Fourth Amendment, and the Due Process and Equal Protection Clauses.

Kevin C. McCormick, chair of the Labor and Employment Section with the law firm of Whiteford, Taylor & Preston, provides advice and counsel to public and private employers on all phases of the employment relationship to ensure compliance with applicable laws, avoid costly litigation, and, when necessary, successfully defend against individual and governmental challenges to policies and procedures.

Kara E. Shea with the law firm of Miller & Martin provides practical advice on employment issues and compliance to national, regional, and local employers of all sizes, ranging from Fortune 500 companies to small businesses, in a variety of industries. She also represents employers before administrative agencies such as the Equal Employment Opportunity Commission (EEOC) and in litigation.

Margaret (Molly) M. DiBianca represents employers in employment rights claims, discrimination matters, and equal employment disputes at the state and federal court level. She defends employers against claims brought by former and current employees and assists employers to enforce restrictive covenants. She assists clients with internal investigations, wage-and-hour reviews, and employment practices audits.

Steven L. Brenneman is a partner with Ford & Harrison LLP. He has litigated employment and labor law disputes involving allegations of age, race, national origin, disability, and sex discrimination, sexual and racial harassment, retaliatory discharge, fraud, defamation, breach of contract, FLSA, Equal Pay Act, FMLA, ERISA, the WARN Act, employee handbooks, and noncompetition agreements.

Becky L. Kalas represents employers in matters involving allegations of sexual harassment, disability discrimination, FMLA violations, race and national origin discrimination, and wrongful discharge. She also counsels employers regarding handbook and policy development, I-9 employment eligibility verification, and employment agreements and pay plans.

Jane Wipf Pfeifle concentrates her practice in all areas of employer-employee relations law, especially employment discrimination and wrongful termination. Additionally, Ms. Pfeifle counsels her clients regarding compliance with the latest state and federal employment laws and regulations.

Michael T. Gebhart’s practice with the firm Peel Brimley LLP concentrates in labor and employment, construction, and complex commercial litigation. Mr. Gebhart has successfully defended employers in federal and state employment and labor actions, as well as in arbitrations, mediations, and other alternative dispute forums.


HR Guide to Employment Law: A Practical Compliance Reference

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Call 800-274-6774 for more information

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