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The Legal Side of HR Practice

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