1. The Hiring Process

• Help-Wanted Advertisement
• Promotion From Within
• The Pre-Employment/Application Period
• Meeting with Applicant
• Screening of Applicant
  • Interview Process
  • Evaluation Process
  • Employment Offer
  • Medical Inquiries
  • Documentation of Right to Work
  • New-Hire Reporting Requirements
  • Practical Tips
  • Cross Reference

2. Use of Consumer Credit Reports in Employment Decisions

3. Orientation of New Employees

4. Company Pay Practices (Overtime, Exempt Employees, Etc.)

• Overtime and Minimum Wages
• Who is an Employee - Who is an Independent Contractor?
• Who is Eligible for Overtime and Who is Exempt?
  • Executive Employee
  • Administrative Employee
  • Professional Employee
  • Computer Programmers
  • Outside Salesperson
  • Combination Exemption
• State Laws
• The Hours Worked
  • Definitions
  • On-Call Employees
  • Preparation for Work and Travel Time
  • Break Time
  • Training Time and Meetings
• Time Records
  • Time Records
  • A Typical Problem
  • Comp Time in Lieu of Overtime Pay
  • Pieceworkers
• The Work Week
  • What Is a Work Week?
• Personal Liability of Key Officers
• Special Industries
• Prevailing Rate Requirements
  • Davis Bacon Act
  • Federal Service Contract Act
  • Walsh-Healy Act
• Child Labor Restrictions
• Enforcement and Penalties
  • Investigation Procedures
  • Penalties
• Practical Tips
• Cross Reference

5. Employment At Will and Employment Contracts

• Employment At Will
• Termination for Cause
• Employment Contracts
• Employee Handbooks
• Arbitration of Contract and Employment Claims

6. Discrimination In Employment

• Disparate Treatment
• Proof of Disparate Treatment
• Disparate Impact
• Age Discrimination in Employment Act (ADEA)
• Race & National Origin Discrimination
• Sex Discrimination
• Maternity Discrimination
• The EEOC
• Responding to EEOC Charges
• Employers Covered by the Anti-Discrimination Laws
• Changes in the Discrimination Laws in 1991
  • Jury Trials
  • Compensatory and Punitive Damages
  • Elements of Actual Damages
• Internal Company Procedures for Handling Discrimination Claims

7. Sex Harassment

• Growth of Sex Harassment Claims
• Types of Sex Harassment and Its Development Under the Law
  • Quid Pro Quo
  • Hostile Environment
• Welcome or Unwelcome
• Minimizing Company Liability
• The Many Sides of Sex Harassment
• Analysis of the Above Events
• Some Guidelines on Investigating a Sex Harassment Complaint
• The Complainant
• The Accused
• Appropriate Action and Potential Retaliation
• Attorney as Investigator
• Role of the EEOC
• Same Sex Harassment

8. Americans With Disabilities Act

• The Americans With Disabilities Act (ADA)
• The Basic Purpose and Concept of ADA
• ADA Covers Employees and Customers
• Benefit and Detriment From the ADA
  • Benefit
  • Detriment
• Changes in the Employment Application Process
  • Ability vs. Disability
  • The Conditional Job Offer (Step One)
  • The Medical Exam (Step Two)
  • Reasonable Accommodation (Step Three)
  • Demonstration of Ability (Possible Additional Steps)
  • Employment Testing
• Existing Employees Who Become Disabled
• The ADA and Disability Insurance
• What Is A Disability? 29 CFR 1630.2(g)
  • Actual Disabilities
  • What is Not a Disability?
  • A Record of Disabilities Or The Perception Thereof
  • Association with a Disabled Person
• The Essential Functions of a Job
• Reasonable Accommodation - Two Types
  • To Perform the Work
  • To Participate in Employment Privileges
• Direct Threat To Safety or Health
• Undue Hardship
• Confidentiality of Medical Information
• Avoiding Retaliation and Discrimination Claims
• Theory of the ADA vs. Reality
• Practical Tips
• Cross Reference

9. Rehabilitation Act

10. Leaves of Absence: (FMLA; Military Leave; Jury Service)

• The Family and Medical Leave Act (FMLA)
• Known Problem Areas
• Interplay Between FMLA and the Americans With Disabilities Act
• Termination or Replacement at the End of 12 Weeks
• Workers’ Compensation and the FMLA
• Leave for Jury Service
• Military Leave and Protection of Employment Benefits
• Cross Reference

11. Employee Termination

• The Concept of Painless Termination
• Severance Pay and Releases
• Progressive Discipline and The Just Cause Standard
• Impact of the Termination Process in Unemployment Claims
• Is Your Discharge Case Attractive to the Ex-Employee’s Attorney?
• Violation Checklist
• Three Additional Critical Questions
• Can We Prove It?
• Do the Damages Justify the Litigation?
• Is the Defendant Able to Pay Damages Awarded?
• Documentation to Support the Termination
• Review of Documentation Prior to Termination
• Cross Reference

12. Monitoring of Employees (Federal Wire Tap Law)

13. The Employee Polygraph Protection Act

• Prohibited Use
• Permitted Use (Economic Loss and Reasonable Suspicion)
• Procedure for Giving a Polygraph Test
• Request for Employee to Submit to Polygraph Test
• Polygraph Act Notice
• Individual Liability
• Enforcement
• Related State Statutes
• Practical Tips
• State Laws

14. Drug and Alcohol Testing I-73

• Drug Testing
• Alcohol Testing
• DOT Regulations for Drug and Alcohol Testing
• Drug Free Workplace Act
• Cross Reference

15. Employment Benefit Plans (ERISA and COBRA)

• Employee Retirement Income Security Act (ERISA)
  • In General
  • Areas Governed by ERISA
  • Topics Covered in this Text
  • Disclosure to Participants
  • Reporting Requirements
  • What is a Plan Under ERISA
  • Pension Benefit Plans
  • Welfare Benefit Plans
  • Vacation Benefits
  • The Plan Administrator/Trustee’s Fiduciary Duty
  • Claim Procedure
  • Retaliation
  • The ERISA Lawyer
• Health Care Continuation (COBRA)
• Exceptions
• Group Health Plans
• Who is Entitled to COBRA Coverage?
• Qualifying Events
• Duration of COBRA Coverage
• What Coverage Must be Provided
• Notice to Employees
• Failure to Comply with COBRA
• Payment of COBRA Premiums

16. Health Insurance Portability and Accountability Act (HIPAA)

17. Newborns’ and Mothers’ Health Protection Act

18. Mental Illness Limitations (Group Health Policies)

19. Reductions Of Force (Layoff and Recall)

• The Worker Adjustment and Retraining Notification Act (WARN)
• Penalties for Non-Compliance
• Discrimination Claims Arising from Lay-Offs
• Severance Pay and Releases From Laid-Off Employees
• Recall From Lay-Off

20. Retaliation

• In General
• Protection for Filing Internal Complaints
• Guarding Against Retaliation Complaints

21. The Labor Laws, Unions and Concerted Activity

• Federal Law - The National Labor Relations Act (NLRA)
• State Laws
• Railway Labor Act
• Public Employee Union
• Preventing Union Organizing
• Practical Tips
• Union Contracts
• Certain Industries Different
• The Labor Lawyer

22. Immigration Reform Act Requirements

• In General
• Documentation Required of All Employees
• Exemptions
• Knowingly Employing Unauthorized Aliens
• Non-Discrimination Provisions
• Enforcement

23. Protecting A Company’s Trade Secrets: (Employee Issues)

• Trade Secrets and Unfair Competition
• Identifying a Company’s Trade Secrets
• Remedies Available for Trade Secret Misappropriation
• An Important Question to Ask in the Hiring Process
• Restrictive Covenants
• Considerations Regarding Restrictive Covenants
• Practical Tips on Protecting Trade Secrets

24. Common Law Claims of Employees

• Introduction
• Typical Common Law Claims Categorized
• Constructive Discharge
• Interference with Contractual Relations
• Cross Reference
• State Laws Outlined (Private Industry)

25. Individual Manager Liability

• In General
• Common Law Claims
• Statutory Claims

26. Dealing With Agency Investigations

• In General
• OSHA
• Wage & Hour Division (U.S. Department of Labor)
• EEOC
• NLRB
• Immigration

27. Insurance Coverage of Employment Claims

• In General
• State Law Applies
• Coverage for Individual Managers
• Workers’ Compensation
• States Holding Claims Limited
• States Holding Claims Not Limited
• Specialized Policies
• Practical Tips

28. Alternative Methods of Dispute Resolution

• Mediation
• Arbitration
• The Future of Arbitration In Employment Disputes
• Arbitration of Statutory Claims - EEOC’s Position
• Considerations Regarding Arbitration as a Substitute for Court Action
  • Advantages
  • Disadvantages
• Practical Tips

29. Leased and Temporary Employees

• Increased Use
• Issues Created
• Insurance Problems
• Benefit Issues with Leased Employees
• Practical Tips
• Cross Reference

30. Joint and Successor Employers

• In General
• NLRA
• Wage and Hour Laws
• Title VII, ADEA and ADA
• FMLA
• Practical Tips

31. Protection of Debtor Employees (Garnishment)

32. Affirmative Action I-118

33. Crisis Communications Management I-119

• Communication Principals
• Dealing with Perceptions
• The Communication Plan
• The Initial Response
• Monitoring the Response
• Evaluation and Follow-Up
• Communicating with the Media

34. The Occupational Safety and Health Act

• Coverage
• Citations and Penalties
• Employer Defenses
• OSHA Standards
• General Duty Clause
• Recordkeeping Requirements
• Keys to Compliance

35. Workers’ Compensation (Federal Law)

36. Employee Health and Safety

• Fitness
• Training
• Prevention
  • Preventing Accidents
  • Documentation of Proper Training
  • Analysis of Incidents and Employee Safety Practices
  • Sharing Loss Control Responsibility
  • The Motivation Factor
  • Incentive Programs
• Reporting of Workplace Conditions

37. Workplace Violence

• Liability Faced by Employers
• Strategies to Avert Workplace Violence

38. Occupational Injury Investigation

• What To Do Once An Injury Occurs
• Contents of the Incident Report
• OSHA and Workers’ Compensation Commission
• Medical Records Release
• Observation of Injured Employee
• Selection of Physicians and Medical Facilities
• The Injured Employee
• Restricted or Alternative Duty
• Safety Violations
• Safety Policy Implementation

39. Job Stress and The Workplace

• Recognizing the Signs
• Study the Workplace
• A Checklist of On-The-Job Stressors
• Legal Aspects of On-The-Job Stress
• Positive Management

40. HIV and Workplace Education (a Monograph)

41. Manager’s Employment Law Self-Training Course

• Instructions
• Hiring and Orientation of New Employees
• Overtime and Pay Practices
• Discrimination in Employment
• Sex Harassment
• Leaves of Absence
• Unions and Union Avoidance
• Americans with Disabilities Act
• Termination of Employees

Appendix

Pre-Employment Forms:

• Job Description Requirements
• Job Description Format
• Reasonable Accommodation (Essential Job Functions)
• Physical Requirements and Conditions
• Schedule of New Forms (A Manager's Guide)
• Applicant Instructions (English)
• Applicant Instructions (Spanish)
• Quick Application (English)
• Quick Application (Spanish)
• Application for Employment (English)
• Application for Employment (Spanish)
• Applicants Release of Employment Records (English)
• Applicants Release of Employment Records (Spanish)
• Consent to Obtain Credit Report
• Action to be Taken Based on Credit Report

 

Post-Employment Forms:

• Medical History and Mobility Evaluation (Post Offer)
• Release of Medical Records (Post Offer)
• New Employee Orientation Packet (Contents Page)
• New Employee Information Sheet
• Payroll Deduction Authorization
• Employee Warning Notice
• Exit Interview Record
• Notice of Resignation
• New Employee Orientation Acknowledgment (English)
• New Employee Orientation Acknowledgment (Spanish)
• Employee Acknowledgment (English)
• Employee Acknowledgment (Spanish)
• Employment Discrimination Statutes (An Overview)
• Confidential Notice of Request For Polygraph Test
• Notice to Examinee (Polygraph Test)

HIPAA Forms:

• Certificate of Group Health Plan Coverage
• Notice of Your Rights to Documentation of Health Coverage
• Request for Certificate of Health Coverage
• Notice to Employees Concerning Company Health Insurance

COBRA Forms:

• Notice Letter to Employee of Rights to Election Continuation
• Notice of Election by Employee (Response to Employer)
• Notice to Employees (COBRA Rights)

Harassment Forms:

• Acknowledgment of Harassment Prohibition (Employee)
• Vendor Compliance Acknowledgment
• Harassment Complaint Form
• Company Harassment Investigation Form
• Model Harassment Audit

Training Forms:

• Employee Safety Training Check List
• Safety Item Checklist
• In-Service Acknowledgment
• Report of Unsafe Conditions or Hazards
• Employee Safety Retraining Acknowledgment

Family and Medical Leave Forms:

• Request for Family or Medical Leave
• Guide for Employer Response to Leave Request
• Physician Certification of Leave
• Physician Return-to-Work Certification

Injury and Medical Management Forms:

• Injury Evaluation Checklist
• What To Do When An Injury Occurs
• Incident/Accident Report Form (Employee) (English)
• Incident/Accident Report Form (Employee) (Spanish)
• Medical Release Information
• Medical Release of Information Authorization Form
• Physician's Return to Work Certification
• Supervisor's Incident/Accident Report
• Witness Statement (English)
• Witness Statement (Spanish)
• Alternative Duty Jobs (A Guide)
• Employee - Alternative Duty Assignment
• Employee - Alternative Schedule and Duties
• Company Alternative Duty Letter (To Treating Physician)

Affirmative Action Forms:

• Introduction
• Model Employee Policy
• Model Affirmative Action Plan Document