Full Description

Employees are still your greatest asset. However, the days when employee matters were simple are gone. To keep your business running successfully, you need a guide through the many issues facing employers today.
Charles Fleischer, successful attorney, lecturer and author, makes this
complex area of the law easy to understand. His practical advice answers the questions you have, such as:
-What steps do I take in the hiring process?
-How can I use performance evaluations as a productive tool?
-How can I cut overtime expenses?
-How can I control costs and still offer attractive retirement and health insurance benefits?
-How do I make a clean termination?
-How do I protect myself against discrimination claims I know nothing about?
-What types of insurance must I carry?
-How long must I hold a position for someone on maternity, military or other leave?

Table of Contents

Introduction

CHAPTER 1: The Employment Relationship
Employees, Independent Contractors, and Agents
Statutory Employees and Nonemployees
The Employment At-Will Doctrine
Employment Contracts
Arbitration Agreements
Business Owners’ Employment Status

CHAPTER 2: The Hiring Process
Steps in the Hiring Process
New Employee Regulations
Employee Handbooks
Personnel Files

CHAPTER 3: Evaluating Performance
Good Reasons for Evaluation
Legal Considerations
Disciplinary Actions

CHAPTER 4: Termination
Exit Interviews
Termination for Cause
Constructive Discharge
Retaliation
Whistleblower Regulations
Abusive Discharge
Defamation Liability
Intentional Infliction of Emotional Distress Liability
Corporate Ethics and the Sarbanes-Oxley Act
Employee Due Process
Downsizing and Mass Layoffs

CHAPTER 5: Wage-and-Hour Requirements
Minimum Wages
Overtime
Alternatives to Overtime
Exemptions from Overtime Requirements
Settling FLSA Wage Disputes
Other Wage Regulations
Child Labor
Priority of Wages and Benefits in Bankruptcy
Antitrust Considerations

CHAPTER 6: Wage Attachments and Assignments
Garnishments
Withholding Orders
Tax Levies
Debtors in Bankruptcy
Department of Education Garnishments
Wage Assignments

CHAPTER 7: Tax Considerations
Deductibility of Wages and Benefits
Limitations on Deductibility
Independent Contractors
Federal Withholding Requirements
Tips
Other Taxable Payments
State Withholding Requirements
Earned Income Credit
Deposit and Reporting Requirements

CHAPTER 8: Leave Policies
Vacation and Sick Leave
FMLA Coverage and Eligibility
FMLA Benefits
Military Leave
Other Types of Leave
Paid Time Off

CHAPTER 9: Deferred Compensation and ERISA
Deferred Compensation
ERISA
Spousal Rights to Pension Benefits
Top Hat and Excess Benefit Plans
Rabbi Trusts

CHAPTER 10: Group Health and Other Voluntary Plans
COBRA
HIPPA
Mandated Benefits
Qualified Medical Child Support Orders
Claims Administration
Gender-Specific Coverage
Stock Options
Employee Stock Ownership Plans
Other Plans
Domestic Partners

CHAPTER 11: Workers’ Compensation
Coverage
Course and Scope of Employment
Claim Procedure
Benefits
Second Injury Fund
Rights against Third Parties

CHAPTER 12: Unemployment Insurance
Employer Contributions
Coverage and Eligibility
Misconduct and Quitting for Cause
Claim Procedure
Benefits

CHAPTER 13: Discrimination in General
Title VII of the Civil Rights Act
Covered Employees
Religious Discrimination under Title VII
Other Antidiscrimination Laws
State and Local Prohibitions
Professional Codes of Ethics
Discrimination Based on Genetics
Contingent Workers
Record Keeping
Foreign Workers
Employment Practices Liability Insurance

CHAPTER 14: Gender Discrimination
Equal Pay Act
Pregnancy
Harassment, in General
Employer Liability for Harassment
Sexual Orientation
Other Issues

CHAPTER 15: Age Discrimination
Exceptions
Benefit Plans
Proving Age Discrimination
Release of ADEA Claims

CHAPTER 16: Persons with Disabilities
ADA in Employment
Medical Examinations
Duty of Reasonable Accommodation
Reasonableness of Requested Accommodation
Effect of Remedial Measures
Accommodation and Seniority
Other Prohibited Conduct
Direct-Threat Defense

CHAPTER 17: Employee Privacy
Private Places
Sensitive Records
Surveillance
Electronic Monitoring
Lie Detector Tests
Drug Testing and Drug-Free Workplaces
Employee Mail
Consumer Reports
Criminal Records
Driving Records
Identity Theft

CHAPTER 18: Employee Loyalty
Competing with an Employer
Trade Secrets
Computer Fraud
Loyalty by Contract
Work-for-Hire
Remedies for Breach of Agreement
Employee Dishonesty

CHAPTER 19: Alternative Work Arrangements
Telecommuting
Flextime
Contingent Workers
Conclusion

GLOSSARY

APPENDIX: Internet Resources

INDEX

Excerpt

Editorial Reviews

Customer Reviews

Customer Reviews: