Employer's Rights : Your Legal Handbook from Hiring to Termination and Everything in Between Book

	Introduction	xiii
Chapter 1	The Employment Relationship	1
	Employees, Independent Contractors, and Agents
	Statutory Employees and Nonemployees
	The Employment At-Will Doctrine
	Employment Contracts
	Arbitration Agreements
	Business Owners' Employment Status
	Employment Practices Liability Insurance
Chapter 2	The Hiring Process	19
	Steps in the Hiring Process
	New Employee Regulations
	Employee Handbooks
	Personnel Files
Chapter 3	Evaluating Performance	37
	Good Reasons for Evaluation
	Legal Considerations
	Disciplinary Actions
Chapter 4	Termination	43
	Exit Interviews
	Termination for Cause
	Constructive Discharge
	Retaliation
	Whistleblower Regulations
	Abusive Discharge
	Defamation and Liability
	Intentional Infliction of Emotional Stress Liability
	Corporate Ethics and the Sarbanes-Oxley Act
	Employee Due Process
	Downsizing and Mass Layoffs
Chapter 5	Wage-and-Hour Requirements	65
	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	85
	Garnishments
	Withholding Orders
	Tax Levies
	Debtors in Bankruptcy
	Department of Education Garnishments
	Wage Assignments
Chapter 7	Tax Considerations	93
	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
	Credits for Employing the Disadvantaged
Chapter 8	Leave Policies	117
	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	131
	Deferred Compensation
	ERISA
	Spousal Rights to Pension Benefits
	Top Hat and Excess Benefit Plans
	Rabbi Trusts
Chapter 10	Group Health and Other Voluntary Plans	149
	COBRA
	HIPAA
	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	171
	General Coverage
	Covered Employees
	Course and Scope of Employment
	Claim Procedure
	Benefits
	Second Injury Fund
	Rights Against Third Parties
Chapter 12	Unemployment Insurance	181
	Employer Contributions
	Coverage and Eligibility
	Misconduct and Quitting for Cause
	Claim Procedure
	Benefits
Chapter 13	Workplace Safety	189
	Safety and Health Standards
	Record Keeping
	Inspections and Citations
	FDA's Food Code
	Retaliation and Refusal to Work
	State Requirements
	Smoking
	Ergonomics
	Violence in the Workplace
	Disaster Planning
Chapter 14	Discrimination in General	205
	Title VII of the Civil Rights Act
	Protected Employers
	Religious Discrimination under Title VII
	Other Anti-Discrimination Laws
	State and Local Prohibitions
	Professional Codes of Ethics
	Discrimination Based on Genetics
	Contingent Workers
	Former Employees
	Record Keeping
	Foreign Workers
Chapter 15	Gender Discrimination	227
	Equal Pay Act
	Pregnancy
	Harassment, in General
	Employer Liability for Harassment
	Sexual Orientation
	Other Issues
Chapter 16	Age Discrimination	243
	Exceptions
	Benefit Plans
	Proving Age Discrimination
	Releases of ADEA Claims
Chapter 17	Persons with Disabilities	249
	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 18	Employee Privacy	259
	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 19	Employee Loyalty	275
	Competing with an Employer
	Trade Secrets
	Computer Fraud
	Loyalty by Contract
	Work-for-Hire
	Remedies for Breach of Agreement
	Employee Dishonesty
Chapter 20	Nonprofit Organizations	287
	Tax Considerations
	Executive Compensation
	Benefit Plans
	Unemployment Insurance
	Religious Organizations
Chapter 21	Unions and Labor Relations	293
	National Labor Relations Act
	Concerted Activities
	Representation Elections
	Duty to Bargain
	Additional Unfair Labor Practices
	Union Security and the Right to Work
	Strikes and Lockouts
Chapter 22	Alternative Work Arrangements	309
	Telecommuting
	Flextime
	Contingent Workers
Chapter 23	Employer Liability to Third Parties	321
	Vicarious Liability
	Intentional Misconduct
	Alcohol-Related Liability
	Negligent Employment
	References
	Tortious Interference
	Racketeer Influenced and Corrupt Organizations Act
	Indemnity and Subrogation
	Insider Trading
	Conclusion
	Glossary	333
Appendix A	Required Federal Postings	355
Appendix B	Federal Statutory Thresholds	357
Appendix C	Employer's Federal Tax Calendar	359
Appendix D	Legal Holidays	363
Appendix E	Internet Resources	365
Appendix F	Table of Federal Statutes and Regulations	377
	Index	389
	About the Author	399