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Employer's  Rights: Your Legal Handbook from Hiring to Termination and Everything in Between,9781572483651
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Employer's Rights: Your Legal Handbook from Hiring to Termination and Everything in Between


Author(s): FLEISCHER CHARLES H.
ISBN10:  1572483652
ISBN13:  9781572483651
Format:  Paperback
Pub. Date:  1/1/2004
Publisher(s): Sourcebooks Mediafusion

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Table of Contents
Introduction xiii
The Employment Relationship
1(18)
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
The Hiring Process
19(18)
Steps in the Hiring Process
New Employee Regulations
Employee Handbooks
Personnel Files
Evaluating Performance
37(6)
Good Reasons for Evaluation
Legal Considerations
Disciplinary Actions
Termination
43(22)
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
Wage-And-Hour Requirements
65(20)
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
Wage Attachments and Assignments
85(8)
Garnishments
Withholding Orders
Tax Levies
Debtors in Bankruptcy
Department of Education Garnishments
Wage Assignments
Tax Considerations
93(24)
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
Leave Policies
117(14)
Vacation and Sick Leave
FMLA Coverage and Eligibility
FMLA Benefits
Military Leave
Other Types of Leave
Paid Time Off
Deferred Compensation and Erisa
131(18)
Deferred Compensation
ERISA
Spousal Rights to Pension Benefits
Top Hat and Excess Benefit Plans
Rabbi Trusts
Group Health and Other Voluntary Plans
149(22)
COBRA
HIPAA
Mandated Benefits
Qualified Medical Child Support Orders
Claims Administration
Gender-Specific Coverage
Stock Options
Employee Stock Ownership Plans
Other Plans
Domestic Partners
Workers' Compensation
171(10)
General Coverage
Covered Employees
Course and Scope of Employment
Claim Procedure
Benefits
Second Injury Fund
Rights Against Third Parties
Unemployment Insurance
181(8)
Employer Contributions
Coverage and Eligibility
Misconduct and Quitting for Cause
Claim Procedure
Benefits
Workplace Safety
189(16)
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
Discrimination in General
205(22)
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
Gender Discrimination
227(16)
Equal Pay Act
Pregnancy
Harassment, in General
Employer Liability for Harassment
Sexual Orientation
Other Issues
Age Discrimination
243(6)
Exceptions
Benefit Plans
Proving Age Discrimination
Release of ADEA Claims
Persons with Disabilities
249(10)
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
Employee Privacy
259(16)
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
Employee Loyalty
275(12)
Competing with an Employer
Trade Secrets
Computer Fraud
Loyalty by Contract
Work-for-Hire
Remedies for Breach of Agreement
Employee Dishonesty
Nonprofit Organizations
287(6)
Tax Considerations
Executive Compensation
Benefit Plans
Unemployment Insurance
Religious Organizations
Unions and Labor Relations
293(16)
National Labor Relations Act
Concerted Activities
Representation Elections
Duty to Bargain
Additional Unfair Labor Practice
Union Security and the Right to Work
Strikes and Lockouts
Alternative Work Arrangements
309(12)
Telecommuting
Flextime
Contingent Workers
Employer Liability to Third Parties
321(12)
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(22)
Appendix A: Required Federal Postings 355(2)
Appendix B: Federal Statutory Thresholds 357(2)
Appendix C: Employer's Federal Tax Calendar 359(4)
Appendix D: Legal Holidays 363(2)
Appendix E: Internet Resources 365(12)
Appendix F: Table of Federal Statutes and Regulations 377(12)
Index 389(10)
About the Author 399

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