Employer's Practical Legal Guide
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Are you stumbling into a litigation minefield? or …

Are you tiptoeing where you should be kicking butt?

Sure, employees have rights. But too many employers don’t know – or don’t understand – their own rights.

checkbox Yes! Rush me the Employer’s Practical Legal Guide. I understand that I can review my copy risk-free. And if I don’t quickly see how to apply recent employer-friendly court rulings in my organization’s favor, you’ll refund my entire purchase price. No questions asked, and I'll have no further obligation. On that basis, here's my order.
Yes! I want to manage my workforce with confidence
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Dear Colleague:

You have the right to …

  1. Fire an employee who’s slacking off.
  2. Hire whoever you think is most qualified.
  3. Promote any worker who’s earned it.
  4. Deny leave that’s inconvenient.
  5. Enforce company policies.
If you’re uncertain about how recent court rulings have affected these rights, you need the Employer’s Practical Legal Guide. This handy desk reference has all the information you need to protect these rights and others. What’s more, the Employer’s Practical Legal Guide is there whenever you need to … 
  • Prevent costly hiring mistakes.
  • Cut unnecessary attorney fees and litigation.
  • Avoid uncertainty about the law.
Prevent Costly, Damaging Employee Lawsuits
checkbox Ignorance of recent rulings is no excuse when you’re on the witness stand. Arm yourself with the employer-friendly strategies found ONLY in the Employer’s Practical Legal Guide. Get your copy today!
Yes! I want to manage my workforce with confidence
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In plain English, the Employer’s Practical Legal Guide gives you the confidence to apply ...
  • ERISA
  • Civil Rights Act
  • Equal Pay Act
  • Age Discrimination in Employment Act
  • Fair Labor Standards Act
  • COBRA and HIPAA
  • Americans with Disabilities Act
  • Family and Medical Leave Act
  • Pregnancy Discrimination Act
  • Worker Adjustment and Retraining Notification Act
  • OSHA
  • Older Workers Benefit Protection Act
  • Immigration Reform and Control Act
  • Uniformed Services Employment and Reemployment Rights Act
PLUS, strategies on how to:
  • Handle exit interviews.
  • Trim your workers’ compensation premiums.
  • Contest a worker’s unemployment insurance claim.
  • Set up an arbitration program in your company.
  • Fend off a union-organizing campaign—legally.
  • Know when you can test for drugs but not alcohol.
                                                        ... and Even More!
Prevent Costly, Damaging Employee Lawsuits
checkbox Ignorance of recent rulings is no excuse when you’re on the witness stand. Arm yourself with the employer-friendly strategies found ONLY in the Employer’s Practical Legal Guide. Get your copy today!
Yes! I want to manage my workforce with confidence
We respect your privacy.
Review the Employer’s Practical Legal Guide for 30 days—RISK FREE!
Learn why even employment lawyers are keeping this book on their desks
The Employer’s Practical Legal Guide steers you through the treacherous waters of hiring, firing, appraising and disciplining your employees. More than 80 checklists and self-audit questionnaires are included to help you target your company’s weak spots—and correct them before you end up in court.

Family and Medical Leave—Since an employee took his paternity leave, you’ve made layoffs. Do you have to take him back? See Section 13.

Recruitment—During an interview, a job candidate talked about her children. You didn’t hire her, but she’s back—with a lawyer. How can you prove you’re not guilty of discrimination? See Section 1.

Downsizing—You’ve been asked to cut your staff. Performance-wise, you know who should go. But legally, it’s not so easy: Two are older than 65, half are women, three are immigrants and one was out of work half of last year on disability. How can you make the cuts without making appearances in court for the next 10 years? See Section 7.
Prevent Costly, Damaging Employee Lawsuits
checkbox Ignorance of recent rulings is no excuse when you’re on the witness stand. Arm yourself with the employer-friendly strategies found ONLY in the Employer’s Practical Legal Guide. Get your copy today!
Yes! I want to manage my workforce with confidence
We respect your privacy. 
Not sure all your questions will be answered? Scan the Employer’s Practical Legal Guide’s detailed table of contents, and we guarantee you’ll see how to manage your employees with greater confidence.

Table of Contents

Introduction
Special Report Overview
Recent Rulings
Test Your Compliance
Which Rulings Affect You the Most?
Circuits of the U.S. Court of Appeals


Screening/Hiring
Job Descriptions
Advertising a Position
Recruiting/Screening Practices
The Job Application
Personnel Practices Audit: Job Applications
New Trend: Video Résumés
Interviews
Personnel Practices Audit: Interviews
EEO-1 Reports
Testing
Reference/Background Checks
‘Protected’ Candidates
IRCA: Hiring Immigrants
Acceptable Documents for I-9
Personnel Practices Audit: Screening Foreign-Born Applicants
Disabled Applicants
Personnel Practices Audit: Disabled Applicants
Negligent Hiring
Personnel Practices Audit: Negligent Hiring
Employment Contracts
Personnel Practices Audit: Implied Contracts
English-Only Policies

Employee Conduct/Performance
Performance Reviews
Personnel Practices Audit:What to Include in Employee Logs
Privacy Issues
E-Mail/Internet Use
Rules on Electronic Record-Keeping
Off-Duty Behavior
Personnel Practices Audit:Regulating Off-Duty Behavior
Anti-Theft Policies
Dress Code
Personnel Practices Audit:Preventing Company Theft
Trade Secrets

Employee Handbooks
Protect Your At-Will Status
The 10 Most Common Mistakes
A Dangerous Book
What the Courts Consider
Your Handbook and the Union
Employee Handbook Essentials
Audit Your Handbook
Personnel Practices Audit:Your Company Handbook
Alternative Dispute Resolution

Fair Labor Standards Act
Hours of Work
Travel Time
Sleeping Time
Training Programs and Lectures
Other Work-Related Activities
Civic and Charitable Work
Minimum-Wage Compliance
Difficult Calculations
Payroll Deductions
Computing Overtime
Special Types of Payments
Exclusions From Base-Rate Formulas
Child Labor Rules
Record-Keeping Requirements
Exempt vs. Nonexempt Status
Salary Basis
Nonexempt: Blue-Collar Workers, First Responders
Duties Tests
‘Highly Compensated Worker’ Exemption
‘Fee Basis’
Classifying Workers
Audit: Test Your Compliance

Independent Contractors
The IRS Test
Watch State Regulations
Legislatures Turning Up the Heat
The IRS’ New Attitude
Section 530 relief
Form SS-8: Inviting a ruling
The IRS on Patrol
Compliance check or audit?
Form 1099: Handle With Care
Preventive Steps
Contracts: Your Most Important Protection
Personnel Practices Audit: Independent Contractors
Contractors Can Sue for Discrimination
Liable for Contractor’s Actions

Workers’ Safety/Health
Occupational Safety and Health Act
Keep Workers Informed
Personnel Practices Audit: Complying With OSHA
OSHA Penalties
Ergonomics
Whistle-Blower Program
Wellness Programs
AIDS Programs
Workers’ Compensation
Who’s covered
How rates are set
Benefit awards
State administration
Keeping down your costs
Don’t retaliate against employees
No insurance? A cautionary tale

Terminations/Layoffs
Firing at Will
Personnel Practices Audit: Terminations
Minimize Your Risk
Progressive Discipline
Constructive Discharge
Model for Progressive Discipline
Noncompete Clauses
Personnel Practices Audit: Noncompete Clauses
Severance Pay
Providing References
Personnel Practices Audit: Reference Inquiries
Layoffs: The WARN Act
Your COBRA Obligations
Health Insurance Portability
Unemployment Insurance
Federal tax set by law
How states determine your taxable wage base
Setting your tax rate
Charges against your account
Reporting requirements
Exit Interviews
Documentation: Do’s and don’ts
Prepare for the worst
Ease fear of retaliation
What should you ask?
Using exit interview forms

Alcohol/Drug Testing
Tread Cautiously
Cut Insurance Costs
Protect Employees’ Privacy
Accommodating Legal Pot?

Gender/Age Discrimination
Gender Issues
Equal Pay Act
Personnel Practices Audit:
Complying With the Equal Pay Act
Pregnancy Discrimination Act
Sex Discrimination
Lilly Ledbetter Fair Pay Act
Age Discrimination in Employment Act
Personnel Practices Audit:
Complying With the ADEA
Youth-Bias Claims

Civil Rights Act
Hostile Environment
Disparate Impact
Mixed-Motive Discrimination
Affirmative Action
Your Burden of Proof
Section 1981: New Avenue for Claims
Screening Tests
Race Norming of Employment Tests
‘Systemic Discrimination’
Damages and Jury Trials

Sexual Harassment
Quid Pro Quo and Hostile Environment
Employer Liability Increases
Shielding Your Company
Sample Policy
The EEOC Reporting Process

Americans with Disabilities Act
ADA Compliance
Who’s Covered
Definition of a Disability
Drug and Alcohol Addiction
AIDS and HIV
Mental Disabilities: EEOC Guidelines
Guidance for Specific Disabilities
Hiring Practices and the ADA
Essential Functions
Interview Do’s and Don’ts
Disability Questions
Reasonable Accommodation
Performance and Conduct Standards
Financial and Technical Assistance
Recent Settlements, Litigation

FMLA Leave, Military Leave
Family and Medical Leave Act
Compliance Regulations
Employee Eligibility
Summary: Revised FMLA Regulations
Leave Time
Who Is Considered Family?
Caregiver Discrimination
‘Serious Health Condition’ Defined
Health Care Providers
Notice Requirements
Notifying Employee of FMLA Leave
Key Employees
Undue Disruption
Intermittent Leave
Paid vs. Unpaid Leave
Benefits
When a Worker Returns
Refusing to Reinstate an Employee
Record-Keeping at a Minimum
Other Laws Apply
Military Family Leave Under the FMLA
Military Leave: USERRA

Your Rights in a Union Situation
Scope of Unions Today
Employee Free Choice Act
NLRA and the Taft-Hartley Act
More Information About Unions
National Labor Relations Board
If You’re Targeted by a Union
Your Rights in a Union-Organizing Campaign
What you can’t do
What you can do
Why Employees Should Not Want a Union
If You’re a Unionized Employer

ERISA
Application of ERISA
Fiduciary Duties
Pension Benefits
Defined benefit plans
Defined contribution plans
Hybrid plans
ERISA requirements
Pension Plan Changes Likely
Reporting and Disclosure
Reporting: Form 5500
Paying Claims: Remedies

Appendix A: State Labor Authorities
Appendix B: Further Information

Prevent Costly, Damaging Employee Lawsuits
checkbox Ignorance of recent rulings is no excuse when you’re on the witness stand. Arm yourself with the employer-friendly strategies found ONLY in the Employer’s Practical Legal Guide. Get your copy today!
Yes! I want to manage my workforce with confidence
We respect your privacy. 
The risks are real. Protect your company with these comprehensive and easy-to-understand guidelines. Prepared by top employment attorneys – then translated into plain language for business people – the Employer’s Practical Legal Guide has everything you need to know to stop trouble before it starts and limit the damage from innocent mistakes. Get your copy today!

Sincerely,

Pat DiDomenico
Editorial Director
The HR Specialist 
Prevent Costly, Damaging Employee Lawsuits
checkbox Ignorance of recent rulings is no excuse when you’re on the witness stand. Arm yourself with the employer-friendly strategies found ONLY in the Employer’s Practical Legal Guide. Get your copy today!
Yes! I want to manage my workforce with confidence
We respect your privacy. 
P.S. Remember, there's absolutely no risk. If you don't find the answers to your stickiest employment law questions, we'll refund your entire purchase price – no questions asked – and you'll have no further obligation.
P.P.S. You do NOT have to pay an attorney to explain current employment law to you. Armed with the straightforward, plain-English explanations found in the Employer’s Practical Legal Guide, you'll have all the knowledge you need to manage your workforce with confidence. Order your copy now!