The Legal Side of HR Practice
Author: Max Muller
Credit: 1.6 CEUs
Testing Format: multiple choice
Your Price: $159.00
ISBN: 9780761214908
Format: Spiral/Comb/Coil Binding
Overview
Human resource law is a complex, confusing compilation of federal, state, county and city laws and ordinances cured in the crucible of the courtroom. The Legal Side of HR Practice leads human resources professionals, managers, supervisors, and students through the legal maze to an understanding of HR law fundamentals.
Written in a conversational, easy-to-understand style and filled with workplace examples and step-by-step explanations, this course is designed to provide readers with the tools they need to legally recruit, onboard, manage, discipline, and lead others.
Throughout the course, exercises, scenarios, sample problems, and Think About It sections provide readers opportunities for practice, feedback, and application. Additional forms, lists, and reference information to supplement the text of this course can be found online.
About the Author
Max Muller possesses more than 38 years of experience as an attorney, businessman, consultant, instructional designer and trainer. He is the author of five books, including The Manager’s Guide to HR: Hiring, Firing, Performance Evaluations, Documentation, Benefits, and Everything Else You Need to Know. AMACOM Books and SHRM, New York City, January 2009; Essentials of Inventory Management, Second Edition. AMACOM Books, New York City, February 2011; and The Fundamentals of Inventory Control and Management (a self-paced, self-study program), AMACOM Books, New York City, 2004.
Mr. Muller has also authored dozens of workshops, seminars, web-content, and audio and video scripts for various adult education organizations, and has presented more than 3,000 seminars, audio-conferences, webinars, and podcasts all over the world, attended or listened to by more than 100,000 people. Mr. Muller lives in Overland Park, Kansas with his wife of more than 40 years, Charlene.
Table of Contents
About This Course xi
How to Take This Course xiii
Pre-Test xv
1 Onboarding 1
Overview
Defining the Position
Job Descriptions
Recruiting
Statutes Requiring Affirmative Action Plans in Recruitment
Uniformed Services Employment and Reemployment Rights Act (USERRA)
Legal Recruiting Generally
Internal Job Postings
Employee Referrals
Discriminatory Recruitment
Job-Related Ad Language
Recruitment Documentation
Federal Contractors
Private Sector Retention of Applications and Resumes
Employer Information Report (EEO-1 Report)
Pre-Employment Issues
Background Checks
Pre-Employment Tests
Interviewing
Interviews and the Americans with Disabilities Act
Overview of the Americans with Disabilities Act (ADA) and the Amendments to
the Americans with Disabilities Act (ADAAA)
Identifying the Essential Functions of a Job
The ADA Prohibits any Pre-Employment Inquiries about a Disability
Post-Offer Stage
Competency-Based Questions
Closing the Interview
Documenting the Interview
Post-Interview Notes
Employment Eligibility – Form I-9
Form I-9 Basic Requirements
E-Verify
Recap
Review Questions
2 Compensation 35
Introduction
Major laws Prohibiting Compensation Discrimination
Equal Pay Act of 1963
Title VII, the ADEA, and the ADA Compensation Prohibitions
Wage Standards Generally
Major Employee Categories
Understanding the Terms
Total Remuneration
Regular Rate of Pay
Calculating Overtime Pay
Using the Fluctuating Workweek Method
Compensatory Time Off
Tipped Employees
Youth Minimum Wage
Compensable Hours
Waiting (On-Call) Time
Rest and Meal Periods
Sleeping Time and Certain Other Activities
Lectures, Meetings, and Training Programs
Travel Time
Child Labor
Nonagricultural Jobs (Child Labor)
Farm Jobs (Child Labor)
White Collar Exemptions
Salary Test
Duties Tests
Wage and Hour Violations
Managerial Responsibility
Recap
Review Questions
3 Fair and Legal Management 65
Overview
Key Federal Employment Laws
Prohibited Acts
Proving Discrimination
Disparate Treatment
Disparate Impact
Legal Discrimination – Bona Fide Occupational Qualifications (BFOQ)
Enforcement Mechanisms
Statutes of Limitation
Title VII and Civil Rights Act of 1991 (CRA91) Remedies
Discipline and Discharge
Employment at Will
Erosion of the At-Will Doctrine
Progressive Discipline
Recap
Review Questions
4 Privacy Issues 91
Introduction
The Doctrine of Respondeat Superior
Negligent Hiring
Background Checks
Doing It Yourself
Using Information Providers
Medical Information Obtained During the Hiring Process
The Americans with Disabilities Act (ADA)
Consumer Reporting Agencies – Section 411, FACT Act
Genetic and Biochemical Testing
Federal Laws
State Laws
Drug and Alcohol Testing
Public-Sector Employers
Private-Sector Employers
Unionized Workplaces
Department of Transportation, Federal Motor Carrier Safety Administration’s
(FMCSA) Alcohol and Drug Testing Rules
Employee Polygraph Protection Act of 1988 (EPPA)
EPPA Exemptions
Monitoring Employees in the Workplace
Electronic Media
The Electronic Communications Privacy Act of 1986 (ECPA)
Surveillance, Searches, and Other Intrusions
Regulating Employee Off-Duty, Off-Premise Lifestyle
Invasion of Privacy
Public Disclosure of Private Facts
Placing a Person in a False Light
Intrusion upon Seclusion
Misappropriation
Defamation, Libel, and Slander
Intentional Infliction of Emotional Distress/Outrage
False Imprisonment
Recap
Review Questions
5 Safety and Health 121
Introduction
The OSH Act
The General Duty Clause
The Standards
Federal Register
Code of Federal Regulations (CFR)
Performance-Based Stardards
Basic Requirements
Significant Standards
Workplace Violence
Basic Prevention Strategies
Prevention and Response – HR’s Role
Types of Workplace Violence
Risk Factors and Symptoms
Workplace Bullying
Corporate or Institutional Bullying
Co-Worker Bullying
Cyberbullies and Cyberstalkers
Recap
Review Questions
6 Workers’ Compensation 143
Introduction
Exclusive Remedy Doctrine
Erosion of the Exclusive Remedy Doctrine
Loaned or Borrowed Employees
Employee Leasing Organizations
Statutory Employer Laws
Getting WC Insurance
Work Relatedness
Accidental Occurrence
“Ordinary Diseases of Life”
The Last Employer
Injuries “Arising out of ” Employment
Injuries “in the Course of ” Employment
“in the Course of ” Legal Doctrines
Employee Misconduct
Types of Benefits
Disability Benefits
Waiting Period
Benefit Wage Calculations
The Bermuda Triangle – ADA, WC, and FMLA
Administering WC Claims
Notice of Injury
Notice of Claim
Employer Reporting
Claim Resolution
Recap
Review Questions
7 Federally Mandated Benefits 167
Introduction
Unemployment Insurance
Introduction
Funding
Covered Work Force
Extended Benefits
Disaster Benefits
Denial of Benefits
Fighting a UI Claim
The Family and Medical Leave Act (FMLA)
Introduction
Covered Entities
Notices and Certifications
Intermittent Leave
Employee Eligibility
Eligible Reasons For Leave
Unpaid Nature of Leave
Maintaining Health Benefits
Key Employees
The Consolidated Omnibus Budget Reconciliation Act of 1985
(COBRA)
Introduction
Coverage
Qualified Beneficiary
Qualifying Events
COBRA and FMLA
Coverage Periods
COBRA Notices
Election Timing
Payment of First Premium
Cost
Enforcement
Recap
Review Questions
Bibliography 205
Glossary 207
Post-Test 211
Index 217