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The Employer Bill of Rights: A Manager's Guide to Workplace Law
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The Employer Bill of Rights: A Manager's Guide to Workplace Law
by Jonathan T. Hyman
The Employer Bill of Rights: A Manager's Guide to Workplace Law
Titlepage
Dedication
Contents
About the Author
Acknowledgments
Introduction
Chapter 1: The Employer Bill of Rights
Chapter 2: The Right to Hire on Qualifications
Illegal Job Interview Questions
Systemic Discrimination in Hiring Practices
The Fair Credit Reporting Act and Background Checks
Other Unique Hiring Issues
Concluding Thoughts: A Chocolate Cupcake by Any Other Name . . .
Chapter 3: The Right to Fire on Performance
Discrimination, Pretext, and Honest Beliefs
Courts Step In When Congress Will Not—Sexual Orientation and Gender Identity
The Sinister Reach of the Cat’s Paw
Family Responsibility Discrimination
Public Policy
Who You Gonna Call (When You Are Sued)?
Concluding Thoughts: Document, Document, Document
Chapter 4: The Right to Control Operations
Layoffs and Releases of Federal Age Discrimination Claims: The Older Workers Benefit Protections Act
Plant Closings and Mass Layoffs: The WARN Act
Special Wage and Hour Considerations for Furloughs and Other Modified Work Schedules
The Rules Change (Somewhat) If You Have a Labor Union
Concluding Thoughts: Layoffs versus Furloughs
Chapter 5: The Right to Set Sane Work Rules
Prelude: A Rant about Forms
The Common Handbook Mistakes (and How to Fix Them)
Antismoking Policies
Workplace Technology Policies
Concluding Thoughts: The Importance of Clarity
Chapter 6: The Right to Be Told When There Is a Problem
Harassment
Retaliation
Closing Thoughts: Sue Me? No, I Sue You!!
Chapter 7: The Right to Receive an Honest Day’s Work
Exemptions
Internships
Employee or Independent Contractor?
Working Time
Calculating the Regular Rate of Pay for Overtime Purposes
Pay Docking
Other Miscellaneous Pay Issues
What Is the Answer? Audit, Audit, Audit
Concluding Thoughts—A Glimmer of Hope from the Supreme Court?
Chapter 8: The Right to Have Our Say Before You Form a Union
How to Avoid a Labor Union
What If You Think Your Employees Are Considering Unionization?
Protected Concerted Activity
Concluding Thoughts: Whither the 93%?
Chapter 9: The Right to Reasonable Notice for Special Requests
The Family and Medical Leave Act
Reasonable Accommodations for Disabilities
A Special Note About Pregnancy Accommodations
Military Leaves
Religious Accommodations
Concluding Thoughts
Chapter 10: The Right to Confidentiality
Starting at the Beginning: What Information is Confidential?
Protecting Confidences or Stifling Competition? Drafting and Enforcing the Noncompetition Agreement
Hiring and Firing
Concluding Thoughts: The Expanding World of Protecting Confidences
Chapter 11: The Right to Be Treated with Respect
Responsibility, Where Have You Gone?
(In)Civility and Discourse
Concluding Thoughts: The Golden Rule of Employee Relations
Epilogue: Lessons from Children’s Literature
Appendix: Some Common Workplace Policies
Social Media Policy
Bring Your Own Device Policy
Family and Medical Leave Act (FMLA) Policy
Equal Employment Opportunity Policy
Harassment Policy
Checklist of Potential Handbook Provisions
Index
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