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

Monitoring Employees at Work
Searches
Employee Dating
Other Off-Duty Activities

12. Independent Contractors

Comparing Employees and Independent Contractors
The IRS Rules
Workers Automatically Classified as Employees
State Laws
The Risks of Misclassification
Hiring Independent Contractors

13. Unions

The National Labor Relations Act
Unionizing a Workplace
Employer Rights and Limitations
Employee Rights and Limitations
Making Unions Unnecessary

14. Lawyers and Legal Research

Getting Help From a Lawyer
Paying a Lawyer
Resolving Problems With Your Lawyer
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

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