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Index
Front Cover
Half-Title Page
Title Page
Copyright Page
Dedication
Contents
Acknowledgments
Introduction
Chapter 1: Advertising
Government Regulations
Publicity and Privacy
Unauthorized Use of Trademark
Unauthorized Use of Copyrighted Material
Use of the Names or Images of People in Advertisements
Geographic Locations
Advertising for Newly Created Positions
Advertising for Replacement of Existing Employees
Where to Advertise
Working with Employment Agencies and Headhunters
Potential Employee Considerations
Conclusion
Chapter 2: Interviewing, Hiring, and Other Preemployment Considerations
Employment Applications, Interviews, and Drug Testing—Questions Employers Can and Cannot Ask
Federal Laws Prohibiting Job Discrimination
Employment Applications and Interviews
Drug Screening Tests
Genetic Information Nondiscrimination Act (GINA)
Fair Credit Reporting Act (FCRA)
Employee Polygraph Protection Act of 1988 (EPPA)
Written Job Descriptions
Discrimination in Hiring in the Federal Sector
Discrimination in Other Aspects of the Employment Relationship
Federal Laws Prohibiting Discrimination in the Employment Relationship
Employers and Other Entities Covered by EEO Laws
Filing Charges with EEOC
Employer Defenses to Title VII, ADA, and ADEA Claims
Probationary Periods
Independent Contractors in a Gig Economy
Employer Tax Liability
Temp Agencies and Employees
Conclusion
Chapter 3: Basics of Contracts
Contract Basics
Types of Contracts
Express Contracts
Implied Contracts
Understanding Contract Principles
Proving an Agreement
When Written Contracts Are Necessary
Essentials to Put in Writing
No-Cost Written Agreements
Confirming Memorandum
Additional Terms
Contracting Online
Conclusion
Chapter 4: Union Shops
A Brief Summary of the Historical Background of Collective Bargaining and Labor Unions
Can an Employer’s Property Be Lawfully Accessed for Purposes of Trying to Unionize?
Solicitation by Employees of the Employer
Nonemployee Solicitation on Behalf of Unions
Captive Audience Speeches
Access to the Names and Addresses of an Employer’s Employees
Hypothetical Example
Conclusion
Chapter 5: Collective Bargaining Agreements
Introduction
The National Labor Relations Act (NLRA)
Collective Bargaining and Representation of Employees
Strikes
Unfair Labor Practices of Employers
Unfair Labor Practices of Unions
Conclusion
Chapter 6: Creating Effective Employee Handbooks
“Employee Handbook” Defined
Preliminary Considerations Before Creating an Employee Handbook
Reasons to Create Employee Handbooks
Small Start-up Companies
Family Businesses
How to Prepare an Effective Employee Handbook
Items That Should Be Included in Employee Handbooks
Item That Should Be Excluded from Employee Handbooks
Tasks Following Drafting an Employee Handbook
Conclusion
Chapter 7: An Employee’s First Day—Onboarding
The Importance of Onboarding
Sexual Harassment Pamphlets and Videos
Items to Be Accomplished Before a New Employee’s First Day
Additional Tasks to Be Performed Before a New Employee’s First Day
Orientation During New Employee’s First Day on the Job
Conclusion
Chapter 8: Regulation of Employee Wages and Hours
Fair Labor Standards Act
FLSA Amendments under the Affordable Care Act
Federal Contractor Labor Standards
The Portal-to-Portal Act
Wage Garnishment (Consumer Credit Protection Act)
Conclusion
Chapter 9: On-the-Job Rights and Responsibilities—Employees’ Dignity, Privacy, and Reputation
Federal and State Laws
The US Constitution
Common-Law Tort Liabilities Applicable to an Employer’s Workplace
Employment Contracts
Wrongful Termination
Progressive Discipline
Issues Relating to the COVID-19 Pandemic
OSHA and Covid-19
EEOC and COVID-19
The Duty to Bargain Concerning Mandatory Subjects of Bargaining
Conclusion
Chapter 10: Ownership of Work Created by Employees
Introduction
Tangible Property Items
Intangible Property Items
Chapter 11: The Internet
Protecting Business Property
Protecting Consumer Information
Domain Names
Websites
Internet Advertising
Server Protection
Email
Chapter 12: Private Employment vs. Public Employment
Private-Sector Employment
Public-Sector Employment
Chapter 13: The Virtual Office & Reopening After COVID-19
Increased Productivity
Higher Retention Rates
Competitive Edge
Environmental Friendliness
Cost-Effectiveness
Mobile Work
Communication Devices
Tools and Equipment
COVID-19 Reopening
Chapter 14: Independent Contractor vs. Employees Statutes
Independent Contractors
Employees
Chapter 15: Discipline and Termination of the Employment Relationship
Introduction
The Probationary Period
Distinctions between Federal, Public, and Private Employment
Discipline and Discharge in the Private Sector
Conclusion
Chapter 16: Dispute Resolution
Introduction
Mediation
Settlement Conference
Arbitration
Litigation
Administrative Agencies
Chapter 17: Fringe Benefits
Introduction
Retirement Plans
Health-care Plans and the Affordable Care Act
Time Off
Chapter 18: Finding a Lawyer and an Accountant
Finding a Lawyer
Evaluating a Lawyer
Using a Lawyer
Finding an Accountant
Appendix A: Laws Governing Non-compete Agreements by State
Appendix B: Federal Employment Laws
Appendix C: Employment At-Will Exceptions by State
Appendix D: Sample Mediation and Arbitration Clause
Glossary
About the Authors
Index
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