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HR Guide to Employment Law: A Practical Compliance Reference

HR Guide to Employment Law: A Practical Compliance Reference

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HR Guide to Employment Law: A Practical Compliance Reference

Your Challenge: Provide answers to the toughest HR management and policy questions flying at you from employees, supervisors, and other top managers, taking into account multiple employment laws and regulations that come into play.

BLR’s Solution:  HR Guide to Employment Law: A Practical Compliance Reference, the annually updated single-source management information manual you’ll turn to again and again when you’re tapped to make a tough decision.

Why:

HR Guide to Employment Law: A Practical Compliance Reference delivers everything you need to:

  • Answer policy questions from employees, supervisors, and top executives, quickly and with confidence
  • Make personnel decisions that align with both your organization’s procedures and the myriad laws that regulate your workplace
  • Avoid the legal missteps that can result in administrative fines, arbitration awards, jury verdicts, and worse
  • Maintain sound policies in the face of changing laws and regulations, and the court decisions that interpret them
  • Execute required reporting, filing, and record keeping responsibilities, without fear of oversight
  • And so much more...

 

HR Guide to Employment Law: A Practical Compliance Reference

Prepared just for HR executives and employers, it's the all-in-one reference no HR department should be without...

Order Now to Reserve Your Copy!

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...

 

The HR Guide to Employment Law is the last word on employer rights and obligations -- ready to help you solve any workforce management puzzle quickly and easily.

Chapters include:
  • 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
 
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


 

Table of 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


Immigration

  • H-1B status
  • H-3 status (trainees)
  • I-1 status
  • TN status
  • E status
  • O-1 status
  • F-1 status
  • J-1 status
  • Nonimmigrant classifications
  • Nonimmigrant procedural issues and premium processing
  • Adjustment of status
  • Naturalization
  • Adoption of the ‘PERM’ system
  • Labor certification audit review
  • 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
  • Social-Media Investigations
  • 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 Employement Law is prepared by attorneys with extensive experience counseling employers and HR management.

HR Guide to Employment Law is prepared by leading attorneys, many of them members of the Employers Counsel Network, a nationwide affiliation of prestigious law firms representing management in employment law matters. Their contributions are edited by attorney Jessica Webb-Ayer. Contributors include:

Michael E. Barnsback,
LeClairRyan, Alexandria, VA

Steven L. Brenneman,

Ford & Harrison, LLP, Chicago, IL

Stacie L. Caraway,
Miller & Martin PLLC, Chattanooga, TN

Kathleen Carlson

Debra Auerbach Clephane,
Vercruysse, Murray & Calzone P.C., Detroit, MI

Susan Fahey Desmond,
Jackson Lewis LLP, New Orleans, LA

Margaret M. DiBianca,
Young Conaway Stargatt & Taylor, LLP, Wilmington, DE

Michael T. Gebhart,
Peel Brimley LLP, Las Vegas, NV

Jesse Goldstein,
Vercruysse, Murray & Calzone P.C., Detroit, MI

Audra K. Hamilton,
GlassWilkin PC, Tulsa, OK

Kevin C. McCormick,
Whiteford, Taylor & Preston, Baltimore, MD

Jonathan R. Mook,
DiMuroGinsberg PC, Alexandria, VA

Andrew Moriarty

Suheily Natal,
Ford & Harrison, LLP, Chicago, IL

Jane Pfeifle,
Lynn, Jackson, Shultz & Lebrun, P.C., Rapid City, SD

Kara E. Shea,
Butler Snow, LLP, Nashville, TN

Jonathan Trafimow,
Moritt Hock Hamroff & Horowitz LLP, Garden City, NY

Albert L. Vreeland,
Lehr Middlebrooks & Vreeland PC, Birmingham, AL

Elaine C. Young,
Kirton McConkie PC, Salt Lake City, UT

Jessica Webb-Ayer, J.D., is an attorney editor for BLR’s human resources and employment law publications. She has written and edited countless publications on labor and employment law and is the editor of the Benefits Compliance Advisor online newsletter and the benefits manual, Benefits Compliance: Strategies for Plans, Programs & Policies. Ms. Webb-Ayer has also worked on various Americans with Disabilities Act (ADA) and workers’ compensation/safety products. She graduated summa cum laude with a B.A. in Psychology from Lipscomb University in Nashville, Tennessee, and graduated cum laude with a law degree from the University of Tennessee College of Law in Knoxville, Tennessee. Ms. Webb-Ayer is licensed to practice law in Tennessee.

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