Note: Supplemental materials are not guaranteed with Rental or Used book purchases.
Purchase Benefits
What is included with this book?
Preface | p. xii |
Acknowledgments | p. xvi |
The Employment Relationship | p. 1 |
Overview | p. 1 |
Master-Servant Relationship | p. 1 |
Principal-Agent Relationship | p. 2 |
Who Is an Employer? | p. 4 |
Common Law Duties of the Employer | p. 5 |
Who Is an Employee? | p. 5 |
Distinguishing Employees from Independent Contractors | p. 5 |
The Emergence of Temporary or Leased Workers/Employees | p. 22 |
Doctrine of Joint Employment | p. 24 |
Common Law Duties of the Employee | p. 29 |
Doctrine of Employment at Will | p. 29 |
Exceptions to Employment at Will Doctrine | p. 30 |
Establishing the Employment Relationship | p. 37 |
Overview | p. 37 |
Recruitment | p. 38 |
Employment Applications | p. 40 |
The Interview Process | p. 41 |
Preemployment Testing | p. 42 |
Background Reference Checks and Preemployment Investigations | p. 47 |
Uniform Guidelines on Employee Selection Process | p. 48 |
Offer Letters | p. 48 |
Written Employment Contract | p. 49 |
Statutory Limitations on Employment Contracts | p. 53 |
Affirmative Action and the Employment Relationship | p. 54 |
Compensation Regulations for Employers | p. 61 |
Overview | p. 61 |
FLSA Definition of the Employer-Employee Relationship | p. 61 |
Employee Exemptions under FLSA | p. 63 |
Age Discrimination | p. 200 |
Overview | p. 200 |
Covered Persons and Entities under the ADEA | p. 203 |
The Effect of the ADEA on Hiring Practices | p. 207 |
The Effect of the ADEA on Promotion Requirements | p. 208 |
The Effect of the ADEA on Retirement Issues | p. 208 |
Reduction-in-Force and the Issue of Age Discrimination | p. 211 |
Waiver of Age Discrimination Claims | p. 215 |
Proving an Age Discrimination Claim | p. 216 |
Employer's Burden of Proof | p. 222 |
Plaintiff's Ultimate Burden-Proving Pretext | p. 225 |
Personnel Records to be Maintained under the ADEA | p. 228 |
Administrative Procedures under the ADEA | p. 228 |
Remedies Available under the ADEA | p. 229 |
Race and Color Discrimination | p. 233 |
Overview | p. 233 |
Race Discrimination under Title VII | p. 234 |
Racial Harassment | p. 235 |
Reverse Discrimination | p. 235 |
Color Discrimination | p. 235 |
Types of Race and Color Discrimination | p. 236 |
Establishing a Prima Facie Case of Race Discrimination | p. 237 |
Proving Pretext | p. 239 |
Defenses against Race Discrimination Claims | p. 240 |
Adverse Impact Race Discrimination | p. 242 |
Remedies | p. 244 |
National Origin Discrimination | p. 247 |
Overview | p. 247 |
Statutory Requirements Affecting National Origin Discrimination | p. 247 |
English Proficiency Rules | p. 259 |
Religious Discrimination | p. 262 |
Overview | p. 262 |
Unlawful Employment Practices Relating to Religion | p. 263 |
Protected Activity | p. 263 |
Reasonable Accommodation | p. 264 |
Proving Discrimination | p. 269 |
Defenses to Religious Discrimination Claims | p. 273 |
Religious Advocacy in the Workplace | p. 274 |
Sex Discrimination | p. 278 |
Overview | p. 278 |
Definition of Sexual Harassment--Title VII | p. 279 |
Definition of Sexual Harassment--EEOC | p. 279 |
Categories Of Sexual Harassment | p. 280 |
Same-Sex Harassment | p. 285 |
Constructive Discharge | p. 286 |
Preparing to Litigate from the Plaintiff's Perspective | p. 287 |
Determination of Employer's Liability for Sexual Harassment/Hostile Work Environment | p. 292 |
Defending Sexual Harassment Claims--EEOC and Court | p. 295 |
Sex-Plus Discrimination | p. 301 |
Glass Ceiling Issues in Discrimination | p. 303 |
Nonsexual Gender Harassment | p. 304 |
Overview of Pregnancy Discrimination | p. 305 |
Hiring Issues Relating to Pregnancy Discrimination | p. 305 |
Accommodations for Pregnant Employees | p. 306 |
Pregnancy Leave and Benefits | p. 306 |
Positions Held Open for Pregnancy or Maternity Leave | p. 307 |
Health Benefits for Pregnancy | p. 308 |
Proving Pregnancy Discrimination | p. 308 |
Fetal Protection Policies | p. 310 |
Reproduction Discrimination | p. 311 |
Prima facie Violations of the PDA | p. 312 |
Statistics on EEOC and FEP Pregnancy Discrimination Charges Filed | p. 312 |
The Family and Medical Leave Act | p. 316 |
Overview | p. 316 |
Employers Covered by FMLA | p. 316 |
Employees Entitled to Leave | p. 317 |
Leave Requirements | p. 317 |
Qualifying Reasons for FMLA Leave | p. 321 |
Employee Protections under the FMLA | p. 323 |
Limitations and Exceptions to the Employer's FMLA Obligation | p. 324 |
The Employee's Obligations under the FMLA | p. 328 |
The Employer's Obligations | p. 329 |
Burden of Proof in FMLA Discrimination Cases | p. 337 |
Example of Interference/Discrimination Found by the Court | p. 337 |
Example of No Interference/Discrimination Found by the Court | p. 338 |
Recordkeeping Requirements under the FMLA | p. 339 |
Employee Protections under the FMLA | p. 340 |
Enforcement Proceedings | p. 340 |
The Employer's Rights Versus the Employee's Right to Privacy | p. 344 |
Employee's Right to Privacy | p. 344 |
Guidelines for Monitoring Employees | p. 346 |
Categories of Monitoring | p. 346 |
Drug and Alcohol Abuse | p. 350 |
Employee Polygraph Protection Act of 1988 | p. 358 |
Access to Personnel Information | p. 361 |
Information Relating to Reason for Discharge or Voluntary Termination | p. 362 |
Defamation Liability Potential | p. 362 |
Federal Fair Credit Reporting Act | p. 363 |
Immigration | p. 366 |
Overview | p. 366 |
Administration of Immigration Laws | p. 367 |
Employers' Duties Regarding Alien Employment | p. 368 |
Independent Contractors | p. 371 |
North American Free-Trade Agreement (NAFTA) | p. 371 |
Sanctions | p. 373 |
Recordkeeping Requirements | p. 374 |
Antidiscrimination Provisions | p. 375 |
Nonimmigrant Business Visas | p. 376 |
B-Category Visas | p. 376 |
E-Category Visas | p. 376 |
F and M-Category Visas | p. 376 |
H-Category Visas | p. 377 |
L-Category Visas | p. 377 |
O-Category Visas | p. 377 |
P-Category Visas | p. 378 |
Q-Category Visas | p. 378 |
TN-Category Visas | p. 378 |
Derivative Visas | p. 378 |
Permanent Resident Visas | p. 378 |
Citizenship Application | p. 379 |
Immigration Forms and Information | p. 380 |
Safety Regulations in Employment | p. 383 |
Overview | p. 383 |
OSHA Coverage | p. 385 |
Employees' Rights under OSHA | p. 385 |
Employer Requirements under OSHA | p. 385 |
General Duty Clause | p. 386 |
Reporting Requirements | p. 386 |
Enforcement Procedures | p. 390 |
Penalties for OSHA Violations | p. 390 |
Inspections and Investigations | p. 391 |
Abatement Certification | p. 391 |
Employer Defenses to OSHA Citations | p. 392 |
Obtaining Information about OSHA | p. 392 |
Compensable Injury under Workers' Compensation Laws | p. 394 |
Noncompensable Injury under Workers' Compensation Laws | p. 395 |
Occupational Diseases | p. 395 |
Infectious Diseases | p. 395 |
Hearing Loss | p. 395 |
Preexisting Diseases | p. 395 |
Notice of Injury | p. 396 |
Filing of Claims | p. 396 |
Benefits | p. 396 |
Administrative Hearings | p. 397 |
Coordination of Benefits | p. 397 |
Retaliation for Workers' Compensation Claims | p. 398 |
Minimizing On-the-Job Injuries | p. 398 |
Employment Handbook Acknowledgment | p. 405 |
U.S. Department of Labor Regional Offices | p. 406 |
Record Retention Requirements | p. 408 |
Notices (Posting) Required (Under Federal Employment Law) | p. 410 |
Record Retention Requirements Under ADEA | p. 412 |
Internet Sites Relating To General Legal Topics | p. 413 |
State Workers' Compensation Agencies | p. 414 |
EEOC Document Request Under FOIA | p. 419 |
Equal Employment Opportunity Commission Agreement of Nondisclosure | p. 420 |
Authorization To Obtain Medical Records | p. 421 |
State Fair Employment Practice Offices | p. 422 |
State Laws Prohibiting Discrimination on the Basis of AIDS or HIV | p. 429 |
Glossary | p. 430 |
Index | p. 439 |
Table of Contents provided by Syndetics. All Rights Reserved. |
The New copy of this book will include any supplemental materials advertised. Please check the title of the book to determine if it should include any access cards, study guides, lab manuals, CDs, etc.
The Used, Rental and eBook copies of this book are not guaranteed to include any supplemental materials. Typically, only the book itself is included. This is true even if the title states it includes any access cards, study guides, lab manuals, CDs, etc.