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Description
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.
The most complete guide to your legal rights and responsibilities, The Employer's Legal Handbook shows you how to comply with the most recent workplace laws and regulations, run a safe and fair workplace and avoid lawsuits. Learn everything you need to know about:
Hiring: Understand the legal guidelines for hiring employees, writing job descriptions, conducting interviews and investigating applicants.
Smart personnel practices: What to include in employee personnel files, employee handbooks, performance reviews and references for former employees.
Wages & hours: Comply with federal and state overtime and minimum wage requirements.
Employee benefits: Learn the ins and outs of wage and hour laws, retirement plans and health insurance.
Workplace health and safety: Comply with OSHA requirements, and implement policies on smoking, drugs and alcohol abuse.
Discrimination: Prevent sexual harassment and discrimination based on age, race, pregnancy, sexual orientation and national origin.
Termination and layoffs: Avoid wrongful termination cases, conduct a final meeting and protect your business information when employees leave.
Laws affecting small business practices: Everything you need to know about the Americans With Disabilities Act, the Family and Medical Leave Act, health and safety issues, employee testing and more.
The 8th edition updates the book's easy-to-use legal charts to provide your state's current employment laws. It also covers the latest developments, such as the Supreme Court's new definition of "retaliation," and why the number of claims against employers are going up.
New laws affect every aspect of being an employer -- from interviewing and hiring, to handling employee benefits to firing.
The most complete guide to your legal rights and responsibilities, The Employer's Legal Handbook shows you how to comply with the most recent workplace laws and regulations, run a safe and fair workplace and avoid lawsuits. Learn everything you need to know about:
The 8th edition updates the book's easy-to-use legal charts to provide your state's current employment laws. It also covers the latest developments, such as the Supreme Court's new definition of "retaliation," and why the number of claims against employers are going up.
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 Fred S. Steingold
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 Edward Hoffman
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 Lisa Guerin
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Excerpts
Chapter 1 - Introduction...
Many state and federal laws -- as well as countless court decisions -- set out legal protocol for every phase of the employment relationship, including the hiring process. If you've correctly sensed that many workers today are well informed about their legal rights and are willing to fight to enforce them, you may be concerned about making costly mistakes during hiring.
Fortunately, you can steer clear of most of the legal perils of hiring employees by understanding and following these sensible guidelines:
Avoid illegal discrimination. Respect each applicant's privacy rights. Don't imply job security -- unless you mean it. Protect against unfair competition. Observe the legal rules for hiring young workers and immigrants. The first part of this chapter discusses these key principles -- some of which apply throughout the employment relationship and are discussed elsewhere in this book as well.
The rest of the chapter will explain how to keep legal risks to a minimum as you write job descriptions, advertise for workers, design job applications, interview applicants, check into their backgrounds, and offer them jobs.
Those hiring independent contractors should consult Chapter 12, where you'll find a detailed discussion of the legal and practical issues you'll have to consider. A. Legal Guidelines for Hiring Employees
Most large companies maintain human resource departments and in-house lawyers to lead them through the intricacies of employment law -- but it's a costly endeavor. And if you run a small or midsized company, this is an unaffordable luxury. In either case, the guidelines discussed here should reduce your need for outside legal help when hiring employees.
Avoiding Illegal Discrimination Federal and state laws prohibit all but the smallest employers from discriminating against an employee or applicant because of race, color, gender, religious beliefs, national origin, disability, or age. Also, many states and cities have laws prohibiting employment discrimination based on other criteria, such as marital status or sexual orientation.
These antidiscrimination laws -- covered in depth in Chapters 8 and 9 -- apply to all stages of the employment process: preparing job descriptions, writing ads, conducting interviews, deciding whom to hire, setting salaries and job benefits, promoting employees, and disciplining and firing them.
These laws apply only to employers who have more than a certain number of employees, which differs for each antidiscrimination law. And, many state laws apply to smaller employers who are not covered by the federal laws. To find out whether your business must comply with these laws, see Chapters 8 and 9.
A particular form of discrimination becomes illegal when Congress, a state legislature, or a city council decides that a characteristic -- race, for example -- bears no legitimate relationship to employment decisions. A law or ordinance is then passed prohibiting workplace discrimination based on that characteristic -- making the characteristic protected. Courts get involved, too, by interpreting and applying antidiscrimination laws and ordinances. Obviously, as an employer, you need to know what types of discrimination are illegal.
Fortunately, you can steer clear of most of the legal perils of hiring employees by understanding and following these sensible guidelines:
Avoid illegal discrimination. Respect each applicant's privacy rights. Don't imply job security -- unless you mean it. Protect against unfair competition. Observe the legal rules for hiring young workers and immigrants. The first part of this chapter discusses these key principles -- some of which apply throughout the employment relationship and are discussed elsewhere in this book as well.
The rest of the chapter will explain how to keep legal risks to a minimum as you write job descriptions, advertise for workers, design job applications, interview applicants, check into their backgrounds, and offer them jobs.
Those hiring independent contractors should consult Chapter 12, where you'll find a detailed discussion of the legal and practical issues you'll have to consider. A. Legal Guidelines for Hiring Employees
Most large companies maintain human resource departments and in-house lawyers to lead them through the intricacies of employment law -- but it's a costly endeavor. And if you run a small or midsized company, this is an unaffordable luxury. In either case, the guidelines discussed here should reduce your need for outside legal help when hiring employees.
Avoiding Illegal Discrimination Federal and state laws prohibit all but the smallest employers from discriminating against an employee or applicant because of race, color, gender, religious beliefs, national origin, disability, or age. Also, many states and cities have laws prohibiting employment discrimination based on other criteria, such as marital status or sexual orientation.
These antidiscrimination laws -- covered in depth in Chapters 8 and 9 -- apply to all stages of the employment process: preparing job descriptions, writing ads, conducting interviews, deciding whom to hire, setting salaries and job benefits, promoting employees, and disciplining and firing them.
These laws apply only to employers who have more than a certain number of employees, which differs for each antidiscrimination law. And, many state laws apply to smaller employers who are not covered by the federal laws. To find out whether your business must comply with these laws, see Chapters 8 and 9.
A particular form of discrimination becomes illegal when Congress, a state legislature, or a city council decides that a characteristic -- race, for example -- bears no legitimate relationship to employment decisions. A law or ordinance is then passed prohibiting workplace discrimination based on that characteristic -- making the characteristic protected. Courts get involved, too, by interpreting and applying antidiscrimination laws and ordinances. Obviously, as an employer, you need to know what types of discrimination are illegal.
Synopsis
The plain-English resource every employer, manager and HR professional needs.
Table of Contents
1. Hiring
Legal Guidelines for Hiring Employees
Job Descriptions
Job Advertisements
Job Applications
Interviews
Testing
Investigations
Making a Job Offer
Rejecting Applicants
Tax Compliance
Immigration Law Requirements
New Hire Reporting Form
2. Personnel Practices
Employee Files
Employee Handbooks
Employee Performance Reviews
Disciplining Employees
3. Wages and Hours
Overtime and Minimum Wage Requirements
Equal Pay Requirements
How to Pay Employees
Calculating Work Hours
Record-Keeping Requirements
Child Labor Rules
Payroll Withholding
The Consequences of Bending the Rules
4. Employee Benefits
Health Care Coverage
Retirement Plans
Other Employee Benefits
Benefits for Domestic Partners
5. Taxes
Employer Identification Numbers
Federal Employment Taxes
Federal Self-Employment Taxes
Federal Tax Deductions for Salaries and Other Expenses
Independent Contractors
Statutory Employees
6. Family and Medical Leave
Who Is Covered
Reasons for Taking a Leave
Scheduling Leave
Temporary Transfer to Another Job
Substituting Paid Leave
Advance Notice of Leave
Certification
Health Benefits
Returning to Work
Related Laws
Enforcement
7. Health and Safety
The Occupational Safety and Health Act
Getting Help
State OSHA Laws
Hazardous Chemicals
Workers' Compensation
Disease Prevention
Tobacco Smoke
Drug and Alcohol Abuse
Repetitive Stress Disorder
8. Illegal Discrimination
Title VII of the Civil Rights Act
Sexual Harassment
Age
Pregnancy
Citizenship
Gay and Lesbian Workers
State and Local Laws
9. Workers With Disabilities
The Americans with Disabilities Act
Businesses That Are Covered
Who Is Protected
Exceptions to Coverage
Providing Reasonable Accommodations
Workers With Emotional or Mental Impairments
Financial Assistance
Health and Safety Standards
Medical Exams
Enforcement
10. Termination
Wrongful Discharge Cases
Guarding Against Legal Claims
Guidelines for Firing Employees
Investigating Complaints Against Workers
Alternatives to Firing
The Firing Process
Heading Off Trouble
Final Paychecks
Continuing Health Insurance
Unemployment Compensation
Protecting Your Business Information
Handling Postemployment Inquiries
11. Employee Privacy
12. Independent Contractors
13. Unions
14. Lawyers and Legal Research
Appendix
Labor Departments and Agencies
State Drug and Alcohol Testing Laws
State Laws on Employee Arrest and Conviction Records
State Laws on Employee Access to Personnel Records
State Minimum Wage Laws for Tipped and Regular Employees
State Meal and Rest Break Laws
State Health Insurance Continuation Laws
State Family and Medical Leave Laws
Right-to-Know Laws (Hazardous Chemicals)
Right-to-Know Laws (Hazardous Chemicals) (continued)
State Laws Prohibiting Discrimination in Employment
Agencies That Enforce Laws Prohibiting Discrimination in Employment
State Laws That Control Final Paychecks
Index
Legal Guidelines for Hiring Employees
Job Descriptions
Job Advertisements
Job Applications
Interviews
Testing
Investigations
Making a Job Offer
Rejecting Applicants
Tax Compliance
Immigration Law Requirements
New Hire Reporting Form
2. Personnel Practices
Employee Files
Employee Handbooks
Employee Performance Reviews
Disciplining Employees
3. Wages and Hours
Overtime and Minimum Wage Requirements
Equal Pay Requirements
How to Pay Employees
Calculating Work Hours
Record-Keeping Requirements
Child Labor Rules
Payroll Withholding
The Consequences of Bending the Rules
4. Employee Benefits
Health Care Coverage
Retirement Plans
Other Employee Benefits
Benefits for Domestic Partners
5. Taxes
Employer Identification Numbers
Federal Employment Taxes
Federal Self-Employment Taxes
Federal Tax Deductions for Salaries and Other Expenses
Independent Contractors
Statutory Employees
6. Family and Medical Leave
Who Is Covered
Reasons for Taking a Leave
Scheduling Leave
Temporary Transfer to Another Job
Substituting Paid Leave
Advance Notice of Leave
Certification
Health Benefits
Returning to Work
Related Laws
Enforcement
7. Health and Safety
The Occupational Safety and Health Act
Getting Help
State OSHA Laws
Hazardous Chemicals
Workers' Compensation
Disease Prevention
Tobacco Smoke
Drug and Alcohol Abuse
Repetitive Stress Disorder
8. Illegal Discrimination
Title VII of the Civil Rights Act
Sexual Harassment
Age
Pregnancy
Citizenship
Gay and Lesbian Workers
State and Local Laws
9. Workers With Disabilities
The Americans with Disabilities Act
Businesses That Are Covered
Who Is Protected
Exceptions to Coverage
Providing Reasonable Accommodations
Workers With Emotional or Mental Impairments
Financial Assistance
Health and Safety Standards
Medical Exams
Enforcement
10. Termination
Wrongful Discharge Cases
Guarding Against Legal Claims
Guidelines for Firing Employees
Investigating Complaints Against Workers
Alternatives to Firing
The Firing Process
Heading Off Trouble
Final Paychecks
Continuing Health Insurance
Unemployment Compensation
Protecting Your Business Information
Handling Postemployment Inquiries
11. Employee Privacy
12. Independent Contractors
13. Unions
14. Lawyers and Legal Research
Appendix
Labor Departments and Agencies
State Drug and Alcohol Testing Laws
State Laws on Employee Arrest and Conviction Records
State Laws on Employee Access to Personnel Records
State Minimum Wage Laws for Tipped and Regular Employees
State Meal and Rest Break Laws
State Health Insurance Continuation Laws
State Family and Medical Leave Laws
Right-to-Know Laws (Hazardous Chemicals)
Right-to-Know Laws (Hazardous Chemicals) (continued)
State Laws Prohibiting Discrimination in Employment
Agencies That Enforce Laws Prohibiting Discrimination in Employment
State Laws That Control Final Paychecks
Index
Reviews
The Wall Street Journal...
"Offers a sensible, real life approach to dealing with employees."
Small Business Opportunities...
"A bible for small business owners."
Detroit News...
"A comprehensive guide to the legal rights and obligations of employers."
About the Author
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 and The Employer's Legal Handbook. His monthly column, "The Legal Advisor," is carried by trade publications across the country.
Digital Rights Information
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