Your Rights in the Workplace

by Barbara Kate Repa; Marcia Stewart

• ISBN13: 9780873374729
• ISBN10: 087337472X
• Edition: 5th
• Format: Paperback
• Copyright: 1999-05-01
• Publisher: Nolo

Summary

This comprehensive bestseller explains workplace rights in clear, encouraging terms that never lapse into legalese. State by state, it untangles the issues concerning hiring, wages and hours, family and medical leave, unemployment and disability insurance, workers' compensation, job health and safety, and discrimination.

Table of Contents

Your Rights in the Workplace
Analyzing Your Options	2	(1)
Talking It Over With Your Employer	3	(1)
Documenting the Problem	4	(1)
Considering Legal Action	5
Your Legal Employment Status
Types of Employees	2	(5)
Guidance in Determining Your Legal Status	7	(3)
Misclassified Workers	10	(1)
Common Worker Labels and the IRS	11	(3)
The Definition of Employer	14
Wages and Hours
The Fair Labor Standards Act	2	(7)
Rights Under the FLSA	9	(13)
Calculating Your Pay	22	(1)
Calculating Workhours	23	(8)
State and Local Laws	31	(27)
Payroll Withholding and Deductions	58	(12)
Enforcing Your Right to Be Paid Fairly	70	(1)
Filing a Complaint or Lawsuit	70	(2)
Violations of State and Local Laws	72
Health Insurance
No Legal Right to Coverage	2	(2)
Coverage for Current Employees	4	(3)
Coverage for Former Employees	7	(4)
State Laws on Insurance Continuation	11	(9)
Individual Health Insurance	20	(2)
Utilization Review	22
Family and Medical Leave
The Family and Medical Leave Act	2	(10)
State Laws on Family Leave	12	(13)
The Pregnancy Discrimination Act	25	(3)
Balancing Work and Family: Other Ways to Cope	28
Privacy Rights
Your Personnel Records	2	(17)
Workplace Testing	19	(29)
Surveillance and Monitoring	48	(7)
Searches and Seizures	55	(1)
Clothing and Grooming Codes	56	(2)
Conduct Codes	58
Health and Safety
The Occupational Safety and Health Act	2	(3)
Enforcing OSHA Rights	5	(9)
Criminal Actions for OSHA Violations	14	(1)
State and Local Health and Safety Laws	14	(8)
Tobacco Smoke in the Workplace	22	(18)
Pesticide Laws	40	(1)
Hazardous Substances Laws	41	(1)
Violence in the Workplace	42
Illegal Discrimination
Title VII of the Civil Rights Act	2	(13)
State and Local Anti-Discrimination Laws	15	(13)
The Equal Pay Act	28	(4)
The Age Discrimination in Employment Act	32	(2)
The Older Workers Benefit Protection Act	34	(3)
The Americans With Disabilities Act	37	(10)
Discrimination Against Workers With HIV or AIDS	47	(2)
Discrimination Against Gay and Lesbian Workers	49
Sexual Harassment
The Effects of Sexual Harassment	3	(2)
Federal Law	5	(2)
State Laws	7	(2)
Taking Steps to End Sexual Harassment	9	(5)
Where to Get More Information	14
Losing or Leaving a Job
The Doctrine of Employment at Will	2	(2)
Finding Out Why You Were Fired	4	(4)
Documenting Your Dismissal	8	(12)
Waiving Your Right to Sue	20	(1)
Your Right to a Final Paycheck	21	(4)
Severance Pay	25	(1)
Temporary Job Losses	26	(2)
Collecting Fringe Benefits	28	(1)
Outplacement Programs	29	(3)
Replacing Your Income	32	(1)
Other Income Replacement Options	33	(2)
Agreements Not to Compete	35
Challenging a Job Loss
When a Firing Is Illegal	2	(12)
Violations of Public Policy	14	(12)
Blacklisting	26	(5)
Taking Action Against Your Dismissal	31	(1)
Plant Closing Laws	32
Unemployment Insurance
Who Is Covered	2	(1)
Being Disqualified for Benefits	3	(3)
Calculating Your Benefits	6	(3)
Filing a Claim	9	(4)
Appealing Benefit Decisions	13
Workers' Compensation
Who Is Covered	3	(2)
Conditions Covered	5	(4)
The Right to Medical Care	9	(1)
Filing a Workers' Compensation Claim	10	(1)
Calculating Benefits	11	(2)
Penalties for Retaliation	13	(4)
State Workers' Compensation Offices	17	(7)
Related Lawsuits for Work Injuries	24
Social Security Disability Insurance
Who Is Covered	2	(3)
Disabilities Covered	5	(4)
Dependents Entitled to Benefits	9	(1)
Filing a Social Security Claim	10	(3)
Appealing a Denied Claim	13	(1)
Collecting Other Benefits	14
Retirement Plans
Social Security Retirement Benefits	2	(3)
Private Pensions	5	(8)
Where to Get More Information	13	(1)
401(k) Deferred Compensation Plans	14
Labor Unions
Federal Laws	2	(3)
State Laws	5	(2)
The Bargaining Unit	7	(1)
Types of Union Work Situations	7	(2)
Union Elections	9	(1)
The Right to Unionize	10	(3)
The Right to De-Unionize	13	(1)
Where to Get More Help	14
Immigration Issues
Federal Law	1	(1)
Documentation Required to Work in the U.S.	2	(2)
Illegal Discrimination	4	(2)
English-Only Rules	6
Lawyers and Legal Research
Mediation and Arbitration	2	(3)
Small Claims Court	5	(1)
Class Action Lawsuits	6	(1)
Hiring a Lawyer	7	(6)
Legal Research	13
Appendix
Index