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About the Authors

Introduction

The Small Business Edition - An Overview

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
    • Contract Restrictions on Employees
    • 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
    • Federal or State Court
  • 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
  • Cross Reference

6. 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

7. Leaves of Absence

  • Leave for Jury Service
  • Military Leave and Protection of Employment Benefits

8. 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

9. Monitoring of Employees (Federal Wire Tap Law)

10. 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

11. Drug and Alcohol Testing

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

12. 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

13. Health Insurance Portability and Accountability Act (HIPAA)

14. Newborns’ and Mothers’ Health Protection Act

15. Mental Illness Limitations (Group Health Policies)

16. Reductions Of Force (Layoff and Recall)

17. Retaliation

18. Immigration Reform Act Requirements

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

19. 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

20. Common Law Claims of Employees

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

21. Individual Manager Liability

  • In General
  • Common Law Claims
  • Statutory Claims

22. Dealing With Agency Investigations

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

23. Leased and Temporary Employees

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

24. Joint and Successor Employers

  • In General
  • NLRA
  • Wage and Hour Laws
  • Practical Tips

25. Protection of Debtor Employees (Garnishment)

26. The Occupational Safety and Health Act

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

27. Workers’ Compensation (Federal Law)

28. Employee Health and Safety

  • Training
  • Prevention
  • Analysis of Incidents and Employee Safety Practices
  • Reporting of Workplace Conditions

Appendix

Pre-Employment Forms:

  • Job Description Requirements
  • Job Description Format
  • Physical Requirements and Conditions
  • 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:

  • New Employee Orientation Packet (Contents Page)
  • New Employee Information Sheet
  • Payroll Deduction Authorization
  • Employee Warning Notice
  • Exit Interview Record
  • Notice of Resignation
  • Employee Acknowledgment (English)
  • Employee Acknowledgment (Spanish)
  • 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 II-128

Training Forms:

  • Employee Safety Training Check List
  • Report of Unsafe Conditions or Hazards
  • Employee Safety Retraining Acknowledgment


Programs

 

Flagship Federal Program
The Flagship Program for All States, currently utilized by the SBDC as a reference resource to provide sound guidance to their members
(more)
click for more info

Small Business Version
For companies with less than 15 employees. Highly recommended by the SBDC (Small Business Development Centers)... (more)
click for more info

State of Texas Specific Programs
Now available for an introductory offer of (more)
click for more info

New Partner Program
We are now pleased to announce our new Partnering Program for with Professional HR and Business Management and Operations Consultants as VARS... (more)
click for more info

 

Department of Labor

OSHA

EEOC

Texas Workforce Commission

Department of Labor Statistics

Supreme Court Ruling

 
Contact Information


Address:
Your Employment Risk Solutions, Inc.
P.O Box 4664
Horeshoe Bay, TX 78657

Telephone Numbers:
Corporate Office:
(830) 596 • 8538
Product Information:
1 • 800 • 438 • 9377

E-mail:
contact Maryah Sautter

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