Table of Contents
Introduction to the Second Edition xiii
Introduction to the First Edition xv
Chapter 1 The Employment Relationship 1
Overview 2
Employees, Independent Contractors, and Agents 3
Statutory Employees and Nonemployees 7
Joint Employers 8
The Employment-at-Will Doctrine 9
Employment Contracts 10
Indemnity Obligations 14
Arbitration Agreements 15
Business Owners' Employment Status 19
Chapter 2 The Hiring Process 25
Job Descriptions 26
Advertising the Opening 27
Applications 28
Interviews 30
Background Checks and Consumer Reports 30
Pre-Employment Testing 33
Employment Offers 34
Medical Exams 34
New-Employee Procedures 36
Fraud and Misrepresentation in Hiring 37
Interference with Contractual Relations 41
Negligent Employment 42
Chapter 3 Evaluation, Work, Rules, and Discipline 45
Reasons for Evaluating 46
Legal Considerations 47
Employee Handbooks 48
Dress Codes 51
Personnel Fifes 52
Required Posters 56
Corporate Ethics and the Sarbanes-Oxley Act 57
Disciplinary Actions 59
Chapter 4 Terminating the Relationship 63
Decision to Terminate 64
Termination Procedures 65
Final Pay and Accrued Leave 68
Termination for Cause 70
Severance Payments and Releases 72
Constructive Discharge 74
Retaliation 75
Whistleblower Regulations 77
Abusive Discharge 78
Defamation Liability 80
Intentional infliction of Emotional Distress 84
Employee Due Process 85
Downsizing and Mass Layoffs 87
Chapter 5 Wage and Hour Requirements 89
Minimum Wages 90
Overtime 96
Alternatives to Overtime 101
Exemptions from Overtime 104
Settling FLSA Wage Disputes 111
Other Wage Regulations 112
Child Labor 115
Priority of Wages and Benefits in Bankruptcy 116
Antitrust Considerations 117
Successor Liability 119
Chapter 6 Wage Attachments and Assignments 121
Garnishments 122
Withholding Orders 124
Tax Levies 126
Debtors in Bankruptcy 126
Department of Education Garnishments 127
Wage Assignments 128
Unclaimed Wages 129
Chapter 7 Tax Considerations 131
Deductibility of Wages and Benefits 132
Limitations on Deductibility 135
Independent Contractors 138
Federal Withholding Requirements 142
Tips 145
Other Taxable Payments 146
State Withholding Requirements 149
Earned Income Tax Credit 150
Deposit and Reporting Requirements 150
Chapter 8 Leave Policies 155
Vacation and Sick Leave 156
Paid Time Off 157
Mandatory Paid Leave 159
Family and Medical Leave 161
Americans with Disabilities Act Leave 172
Military Leave 173
Other Leave 176
Chapter 9 Deferred Compensation and ERISA 179
Qualified Plans 181
Plans for Small Businesses 186
ERISA 188
Spousal Rights to Pension Benefits 193
Other Deferred Compensation Arrangements 196
Chapter 10 Group Health and Other Benefit Plans 201
Patient Protection and Affordable Care Act 204
HSAs and Other Tax-Favored Plans 210
COBRA 215
Mandated Benefits 218
Qualified Medical Child Support Orders 219
Claims Administration 220
Equity Grants and Options 221
Employee Stock Ownership Plans 226
Other Plans 229
Chapter 11 Workers' Compensation 233
Coverage 235
Course and Scope of Employment 237
Claim Procedure 238
Benefits 239
Second Injury Fund 240
Rights Against Third Parties 241
Chapter 12 Unemployment Insurance 245
Employer Contributions 246
Coverage and Eligibility 248
Misconduct and Quitting for Cause 249
Claim Procedure 251
Benefits 253
Chapter 13 Workplace Safety 255
Overview of OSH Act 256
Safety and Health Standards 257
Ergonomics 262
Record-Keeping and Reporting 264
Inspections and Citations 265
The FDAs Food Code 267
Retaliation and Refusal to Work 267
State Requirements 269
Smoking 269
Violence in the Workplace 270
Guns in the Workplace 272
Disaster Planning 273
Chapter 14 Discrimination in General 279
Title VII of the Civil Rights Act 280
Covered Employers and Employees 285
Religious Domination under Title VII 289
Genetics 293
Retaliation 294
Anatomy of a Title VII Case 296
Other Nondiscrimination Laws 301
State and Local Prohibitions 302
Professional Codes of Ethics 303
Record-Keeping 303
Employment Practices Liability Insurance 305
Chapter 15 Gender Discrimination 307
Equal Pay Act 308
Pregnancy 309
Harassment in General 312
Employer Liability for Harassment 317
Sexual Orientation and Gender Identity 321
Other Issues 323
Chapter 16 Age Discrimination 325
Covered Employers 327
Exceptions 327
Benefit Plans 328
Proving Age Discrimination 329
Release of ADEA Claims 330
Remedies under the ADEA 331
Chapter 17 Persons with Disabilities 333
Definition of Disability 334
Duty of Reasonable Accommodation 337
Medical Examinations and Inquiries 342
Other Prohibited Conduct 345
Wellness Programs 346
Direct-Threat Defense 348
Chapter 18 Employee Privacy 351
Private Places 352
Sensitive Records 354
Surveillance 356
Electronic Monitoring 358
Lie Detectors 362
Drug and Alcohol Testing 364
Marijuana 367
Employee Mail 369
Social Media Policies 370
Criminal Records 372
Driving Records 373
Identity Theft 374
Chapter 19 Employee Loyalty 377
Competing with an Employer 378
Trade Secrets and the Defend Trade Secrets Act 380
Computer Fraud 381
Loyalty by Contract 382
Remedies for Breach of Contract 390
Employee Dishonesty 391
Chapter 20 Alternative Work Arrangements 395
Teleworking 396
Flextime 401
Contingent Workers 402
Chapter 21 Foreign Workers 409
Form 1-9 Requirements 410
E-Verify 412
Work Visas Generally 414
High-Tech H-1B Visas 415
H-2B Visas 416
TN Visas 416
Workplace Protections 418
Remedies Available to Undocumented Workers 420
US Citizens Employed Overseas 422
Chapter 22 Government Contractors and Grantees 425
Statutory Framework 426
Federal Acquisition Regulation 427
Executive Orders 429
Other Federal Laws 432
Affirmative Action 434
Reporting Waste, Fraud, and Abuse 435
State and Local Government Contractors 436
Chapter 23 Nonprofit Organizations 437
Tax-Exempt Status 438
Political Activity and Lobbying 440
Employee Compensation and Withholding 441
Executive Compensation 442
Benefit Plans 443
Unemployment Insurance 445
Volunteers 445
Religious Organizations 445
Tenure 447
Chapter 24 Unions and Labor Relations 451
NLRA Coverage 452
Concerted Activities 455
Representation Elections and Card Check 459
Duty to Bargain 463
Other Unfair Labor Practices 468
Union Security and the Right to Work 471
Strikes and Lockouts 472
Limitations on the Right to Strike 474
Conclusion 477
Appendix A Federal Statutory Thresholds 479
Appendix B Significant Federal Employment Laws and Regulations 481
Glossary 495
Index 521
About the Author 547
About SHRM Books 549
