HR for Small Business: From Hiring to Firing and Everything in Between Book

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