Table of Contents

Introduction

1. Navigating the Maze of Employment Law.
2. How to Use This Book.
3. Additional Resources


1. Hiring

Advertisements
Interviews
Making Promises
Applicants With Disabilities
Testing Applicants
Background Checks
Young Workers
Offer Letters
Written Employment Contracts

2. Compensation and Hours

The Fair Labor Standards Act
Deciding What to Pay People
The Minimum Wage
Overtime
Meal and Rest Breaks
Travel Time
On-Call Time
Flexible Work Schedules
Pay Docking and Unpaid Suspensions
Garnishments
Equal Pay
Record-Keeping Requirements

3. Discrimination

Antidiscrimination Laws
Race and National Origin
Age
Gender, Pregnancy, and Sexual Harassment
Sexual Orientation
Religion
Expression of Religious Beliefs
Disability

4. Personnel Basics

Personnel Policies and the Law
At-Will Employment
Employee Handbooks
Preventing Sexual Harassment
Communicating With Employees Effectively
Performance Appraisal
Creating and Maintaining Personnel Files
Family-Friendly Workplace Policies

5. Time Off

Vacation and Sick Leave
Family and Medical Leave
Pregnancy and Parental Leave
Jury Duty and Voting
Military Leave
Other Types of Leave

6. Privacy

The Right to Privacy
Testing Current Employees
Electronic Monitoring
Off-Duty Conduct
Workplace Searches

7. Health and Safety

Health and Safety Laws
Workers' Compensation
Smoking
Drugs and Alcohol

8. Unions

The National Labor Relations Act
Representation Elections and Organizing Campaigns
Election Statements
Shop Talk
Union Shops and Union Dues
Collective Bargaining
Company Unions and Employee Committees
Strikes

9. Independent Contractors

Classifying Workers
Benefits and Drawbacks of Using Independent Contractors
Important Documents When Hiring Independent Contractors
Written Agreements With Independent Contractors
Copyright Ownership

10. Trade Secrets

The Law of Trade Secrets
Protecting Trade Secrets
Nondisclosure Agreements
Noncompete Agreements
Nonsolicitation Agreements
Hiring From Competitors

11. Handling Workplace Problems

Disciplining Workers
Investigating Complaints
Retaliation
Workplace Violence
Liability for an Employee's Actions

12. Firing and Layoffs

Illegal Reasons for Firing Employees
Firing Employees With Employment Contracts
Making the Decision to Fire
How to Fire
Before Conducting a Layoff
Making the Cut
Conducting a Layoff

13. Departing Workers

References
What to Tell Coworkers When an Employee Leaves
Health Insurance
Severance
Releases
Unemployment Benefits

Appendix

Resources
Internet Resources
Federal Agencies That Enforce Workplace Laws
Departments of Labor
Agencies That Enforce Laws Prohibiting Discrimination in Employment
State OSHA Laws and Offices

Index



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