The Employer's Legal Handbook

by Steingold, Fred S.

• ISBN13: 9781413310238
• ISBN10: 1413310230
• Edition: 9th
• Format: Paperback
• Copyright: 2009-06-09
• Publisher: Nolo

Summary

The plain-English resource every employer, manager and HR professional needs. New laws affect every aspect of being an employer -- from interviewing and hiring, to handling employee benefits to firing.

Author Biography

Attorney Fred S. Steingold practices law in Ann Arbor, Michigan. An expert on small business law, he represents and advises many small businesses. He is the author of Legal Guide for Starting & Running a Small Business, Hiring Your First Employee and The Complete Guide to Buying a Business. His monthly column, "The Legal Advisor," is carried by trade publications across the country.

Table of Contents

Hiring
Legal Guidelines for Hiring Employees	p. 3
Job Descriptions	p. 12
Job Advertisements	p. 13
Job Applications	p. 14
Interviews	p. 19
Testing	p. 21
Investigations	p. 26
Making a Job Offer	p. 30
Rejecting Applicants	p. 32
Tax Compliance	p. 34
Immigration Law Requirements	p. 34
New Hire Reporting Form	p. 35
Personnel Practices
Employee Files	p. 40
Employee Handbooks	p. 43
Employee Performance Reviews	p. 47
Disciplining Employees	p. 51
Wages and Hours
Overtime and Minimum Wage Requirements	p. 58
Equal Pay Requirements	p. 72
How to Pay Employees	p. 73
Calculating Work Hours	p. 74
Record-Keeping Requirements	p. 77
Child Labor Rules	p. 77
Payroll Withholding	p. 80
The Consequences of Bending the Rules	p. 82
Employee Benefits
Health Care Coverage	p. 86
Retirement Plans	p. 94
Other Employee Benefits	p. 98
Benefits for Domestic Partners	p. 101
Taxes
Employer Identification Numbers	p. 105
Federal Employment Taxes	p. 106
Federal Self-Employment Taxes	p. 110
Federal Tax Deductions for Salaries and Other Expenses	p. 111
Independent Contractors	p. 114
Statutory Employees	p. 115
Family and Medical Leave
Who Is Covered	p. 118
Reasons for Taking a Leave	p. 119
Scheduling Leave	p. 121
Temporary Transfer to Another Job	p. 122
Substituting Paid Leave	p. 123
Advance Notice of Leave	p. 124
Certification	p. 124
Requesting Clarification	p. 125
Health Benefits	p. 127
Returning to Work	p. 127
Related Laws	p. 129
Enforcement	p. 131
Health and Safety
The Occupational Safety and Health Act	p. 134
Getting Help	p. 140
State OSHA Laws	p. 141
Hazardous Chemicals	p. 141
Workers' Compensation	p. 144
Disease Prevention	p. 149
Tobacco Smoke	p. 149
Drug and Alcohol Abuse	p. 150
Repetitive Stress Disorder	p. 153
Illegal Discrimination
Title VII of the Civil Rights Act	p. 157
Harassment	p. 163
Age	p. 166
Pregnancy	p. 171
Citizenship	p. 172
Genetic Information	p. 172
Religion	p. 174
Sexual Orientation	p. 175
State and Local Laws	p. 176
Workers With Disabilities
The Americans With Disabilities Act	p. 178
Businesses That Are Covered	p. 178
Who Is Protected	p. 179
Exceptions to Coverage	p. 183
Providing Reasonable Accommodations	p. 185
Workers With Emotional or Mental Impairments	p. 189
Financial Assistance	p. 192
Health and Safety Standards	p. 193
Medical Exams	p. 196
Enforcement	p. 196
Termination
Wrongful Discharge Cases	p. 201
Guarding Against Legal Claims	p. 204
Guidelines for Firing Employees	p. 206
Investigating Complaints Against Workers	p. 208
Alternatives to Firing	p. 211
The Firing Process	p. 211
Heading Off Trouble	p. 215
Final Paychecks	p. 216
Continuing Health Insurance	p. 216
Unemployment Compensation	p. 217
Protecting Your Business Information	p. 220
Handling Postemployment Inquiries	p. 222
Employee Privacy
Monitoring Employees at Work	p. 227
Searches	p. 231
Employee Dating	p. 232
Other Off-Duty Activities	p. 233
Independent Contractors
Comparing Employees and Independent Contractors	p. 236
The IRS Rules	p. 240
Workers Automatically Classified as Employees	p. 247
State Laws	p. 248
The Risks of Misclassification	p. 248
Hiring Independent Contractors	p. 248
Unions
The National Labor Relations Act	p. 254
Unionizing a Workplace	p. 254
Employer Rights and Limitations	p. 256
Employee Rights and Limitations	p. 257
Making Unions Unnecessary	p. 258
Lawyers and Legal Research
Getting Help From a Lawyer	p. 260
Paying a Lawyer	p. 263
Resolving Problems With Your Lawyer	p. 265
Legal Research	p. 266
Appendix
Labor Departments and Agencies	p. 274
State Drug and Alcohol Testing Laws	p. 275
State Laws on Employee Arrest and Conviction Records	p. 285
State Laws on Employee Access to Personnel Records	p. 293
State Minimum Wage Laws for Tipped and Regular Employees	p. 299
State Meal and Rest Break Laws	p. 306
State Health Insurance Continuation Laws	p. 311
State Family and Medical Leave Laws	p. 324
Right-to-Know Laws (Hazardous Chemicals)	p. 330
State Laws Prohibiting Discrimination in Employment	p. 332
Agencies That Enforce Laws Prohibiting Discrimination in Employment	p. 346
State Laws That Control Final Paychecks	p. 351
Index
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