Contents
About This Course
How to Take This Course
Pre-Test
1 Onboarding
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
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
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
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
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
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
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
Glossary
Post-Test
Index
