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Author: Jonathan T. Hyman Publisher: Apress ISBN: 1430245522 Category : Business & Economics Languages : en Pages : 292
Book Description
Any employee can sue any employer at any time, and for just about any reason. There is no such thing as a bulletproof personnel decision. It’s no wonder businesses fear lawsuits from employees—they are costly in terms of time, money, and distraction. But fear not. The Employer Bill of Rights: A Manager’s Guide to Workplace Law is a practical handbook designed to help managers and business owners navigate the ever-changing maze of labor and employment laws, rules, and regulations. Following its practical guidelines will help you deter most lawsuits and place you in the best possible position to defend those that ultimately are filed. Your expert guide, employment attorney Jonathan T. Hyman, shows you how to assert your rights to protect your investment in people, operations, facilities, and other assets—all with any eye to maintaining a more productive, harmonious, and profitable workplace. In addition, The Employer Bill of Rights: Explains in practical and plain language the key legal issues that managers face on a daily basis in managing their employees. Describes how to make personnel decisions that will help you avoid costly litigation. Explains the who, what, why, when, where, and how of each of the major federal employment discrimination acts. Tackles cutting-edge human resources issues such as wage-and-hour disputes and managing social media in the workplace. Shows how to hire and fire employee without the fear of an expensive discrimination lawsuit. Describes how to control your operations by implementing legal policies and procedures related to plant shut downs, employee scheduling, work rules, and the maintenance of confidential, critical information. Proposes recordkeeping practices designed to support your decisions. Shows why you should follow the Golden Rule in all personnel matters with your employees. No personnel decision or policy is litigation-proof, but The Employer Bill of Rights: A Manager’s Guide to Workplace Law will help you make informed decisions to hedge against and avoid the biggest blunders and errors that too often result in expensive and time-consuming lawsuits.
Author: Jonathan T. Hyman Publisher: Apress ISBN: 1430245522 Category : Business & Economics Languages : en Pages : 292
Book Description
Any employee can sue any employer at any time, and for just about any reason. There is no such thing as a bulletproof personnel decision. It’s no wonder businesses fear lawsuits from employees—they are costly in terms of time, money, and distraction. But fear not. The Employer Bill of Rights: A Manager’s Guide to Workplace Law is a practical handbook designed to help managers and business owners navigate the ever-changing maze of labor and employment laws, rules, and regulations. Following its practical guidelines will help you deter most lawsuits and place you in the best possible position to defend those that ultimately are filed. Your expert guide, employment attorney Jonathan T. Hyman, shows you how to assert your rights to protect your investment in people, operations, facilities, and other assets—all with any eye to maintaining a more productive, harmonious, and profitable workplace. In addition, The Employer Bill of Rights: Explains in practical and plain language the key legal issues that managers face on a daily basis in managing their employees. Describes how to make personnel decisions that will help you avoid costly litigation. Explains the who, what, why, when, where, and how of each of the major federal employment discrimination acts. Tackles cutting-edge human resources issues such as wage-and-hour disputes and managing social media in the workplace. Shows how to hire and fire employee without the fear of an expensive discrimination lawsuit. Describes how to control your operations by implementing legal policies and procedures related to plant shut downs, employee scheduling, work rules, and the maintenance of confidential, critical information. Proposes recordkeeping practices designed to support your decisions. Shows why you should follow the Golden Rule in all personnel matters with your employees. No personnel decision or policy is litigation-proof, but The Employer Bill of Rights: A Manager’s Guide to Workplace Law will help you make informed decisions to hedge against and avoid the biggest blunders and errors that too often result in expensive and time-consuming lawsuits.
Author: Deborah England Publisher: NOLO ISBN: 9781413310498 Category : Business & Economics Languages : en Pages : 330
Book Description
Considers the practical realities of applying the law on a day-to-day basis and answers all the common questions, covering: what harrassment is and how to stop it, when and how discrimination occurs, how to conduct training, how to handle employee complaints, and much more. Original.
Author: Jonathan Remy Nash Publisher: Kluwer Law International B.V. ISBN: 9041131639 Category : Law Languages : en Pages : 778
Book Description
Employers everywhere today must delicately balance the need to maintain a safe and proper workplace with employees rights and the risk of liability. The fact that new technologies make it easier for employers to monitor their employees whereabouts, communications, and activities only serves to make the issue more acute. Now, in this collection of essays by outstanding scholars and practitioners in U.S. labour law and practice, employers and their legal counsel will find a broad array of important contributions to the law and study of workplace privacy. Based on papers delivered at the 58th annual labour conference of the New York University Center on Labor and Employment Law, this book reflects and analyzes recent developments, providing the best comprehensive work on U.S. workplace privacy. How far should employers be allowed to go in monitoring employers? Where do employers rights to run their businesses end and employees privacy rights begin? Is the existing law sufficient to resolve recurring conflicts? These are among the big questions tackled in these articles. Among the many specific issues covered are the following: use of global positioning systems (GPS) in tracking employees; background checking for job applicants; email monitoring; physical monitoring of employees; scope and lawfulness of so-called lawful activity laws; employer involvement in employees nonworkplace behaviour (e.g., drug testing); employees rights of association; regulation of fraternizing and dating among employees; employee privacy issues in employer-union bargaining; privacy issues in public sector employment; privacy issues and threats of terrorism; and efforts by employers to verify employees nationality and immigration status. Authors pay special attention to fast-break developments such as in the extraterritorial reach of the European Union s data protection directive and the current status of the U.S. National Labor Relations Board s Register-Guard decision. A special feature is a very early draft of a chapter of the forthcoming Restatement (Third) of Labor and Employment Law made available through the graces of the American Law Institute on the U.S. common law of employee privacy rights. As always, this important annual publication offers definitive current scholarship in its theme area of labour and employment law. As such, it will be of inestimable value to practitioners, government officials, academics, and others interested in developments in employment and labour relations law and practice.
Author: Amy L. Greenspan Publisher: Aspen Publishers ISBN: 9780735554092 Category : Business & Economics Languages : en Pages : 478
Book Description
The Employer's Guide to Workplace Privacy examines the workplace issues that are most likely to raise privacy concerns. It is a must read for business owners, managers, and human resource professionals who have an interest in privacy law within the context of the employer/ employee relationship. the Guide discusses privacy law throughout the United States and offers strategies for managing privacy issues. Sample policies and checklists appear throughout the Guide. There are state law charts dealing with drug testing, electronic communications, arrest and conviction records, credit and character investigations, and more.New and updated topics in this, our 5th Edition, include:Retention and disposal of personnel records, including new federal requirementsHIPAA Security Standard with updated discussion of medical records privacyVideo surveillance, including discussion of the new federal video voyeurism lawIdentity theft, with discussion of state and federal laws governing the use of Social Security numbersElectronic tracking of employees location via GPS and other devicesMonitoring employee communications, plus new developments in web-based email, instant messaging, and bloggingSample agreement for assignment of employees inventions to employers Updated annually.
Author: Marta Otto Publisher: Bloomsbury Publishing ISBN: 1509906134 Category : Law Languages : en Pages : 255
Book Description
At the beginning of the twenty-first century the term 'privacy' gained new prominence around the world, but in the legal arena it is still a concept in 'disarray'. Enclosing it within legal frameworks seems to be a particularly difficult task in the employment context, where encroachments upon privacy are not only potentially more frequent, but also, and most importantly, qualitatively different from those taking place in other areas of modern society. This book suggests that these problems can only be addressed by the development of a holistic approach to its protection, an approach that addresses the issue of not only contemporary regulation but also the conceptualization, adjudication, and common (public) perception of employees' privacy. The book draws on a comprehensive analysis of the conceptual as well as regulatory convergences and divergences between European, American and Canadian models of privacy protection, to reconsider the conceptual and normative foundations of the contemporary paradigm of employees' privacy and to elucidate the pillars of a holistic approach to the protection of right to privacy in employment.
Author: Philip Leith Publisher: Routledge ISBN: 1351908774 Category : Law Languages : en Pages : 702
Book Description
Information society projects promise wealth and better services to those countries which digitise and encourage the consumer and citizen to participate. As paper recedes into the background and digital data becomes the primary resource in the information society, what does this mean for privacy? Can there be privacy when every communication made through ever-developing ubiquitous devices is recorded? Data protection legislation developed as a reply to large scale centralised databases which contained incorrect data and where data controllers denied access and refused to remedy information flaws. Some decades later the technical world is very different one, and whilst data protection remains important, the cries for more privacy-oriented regulation in commerce and eGov continue to rise. What factors should underpin the creation of new means of regulation? The papers in this collection have been drawn together to develop the positive and negative effects upon the information society which privacy regulation implies.
Author: Barry Cushway Publisher: Kogan Page ISBN: 9780749451165 Category : Electronic books Languages : en Pages : 372
Book Description
All employers are expected to deal with an increasingly complex legal framework, which they ignore at their peril. This book is a source of guidance that will ensure they keep on the right side of the law. This edition covers all recent changes.
Author: Dana Shilling Publisher: Wolters Kluwer ISBN: 1454810262 Category : Law Languages : en Pages : 1576
Book Description
The Complete Guide to Human Resources and the Law will help you navigate complex and potentially costly Human Resources issues. You'll know what to do (and what not to do) to avoid costly mistakes or oversights, confront HR problems - legally and effectively - and understand the rules. The Complete Guide to Human Resources and the Law offers fast, dependable, plain English legal guidance for HR-related situations from ADA accommodation, diversity training, and privacy issues to hiring and termination, employee benefit plans, compensation, and recordkeeping. It brings you the most up-to-date information as well as practical tips and checklists in a well-organized, easy-to-use resource. The 2010 Edition provides new and expanded coverage of issues such as: Discussion of the economic recovery measures under the Emergency Economic Stabilization Act of 2008, the Worker, Retiree and Employer Recovery Act of 2008, and the American Recovery and Reinvestment Act of 2009 The PBGC flat-rate premium for single employer plans for 2009 is $34/participant The requirement of distributing Summary Annual Reports to participants and beneficiaries has been replaced by the requirement of issuing annual funding notices for most benefit plans; DOL issued a model notice and FAQs for implementing the requirement Courts continued to develop standards under Metropolitan Life Insurance v. Glenn, 128 S. Ct. 2343 (2008), for reviewing claims decisions made by decision-makers (such as plan sponsors and insurers) that have a conflict of interest because they are responsible for paying whatever claims are allowed The Children's Health Insurance Program Reauthorization Act of 2009, Pub. L. 111-3 (CHIPRA), intended to improve coordination between EGHPs and state Medicaid and SCHIP (coverage for uninsured children) plans, caused EGHP and cafeteria plans to be amended "Michellersquo;s Law, " Pub. L. 110-381, requires EGHPs to extend coverage to employees' dependent children who are covered as post-secondary students if they have to interrupt their studies for health-related reasons More states allowed same-sex couples to marry or have legally related domestic partnerships or civil unions - with implications for work-related benefit plans that cover "spouses. " The requirement of benefit parity between mental and physical illnesses was made permanent by EESA The HITECH Act (Health Information Technology for Economic and Clinical Health; part of ARRA) was enacted to strengthen the privacy and security rules under HIPAA, and to promote broader usage of electronic medical records. State Attorneys General now have the power to enforce HIPAA through suits in federal court. The Lilly Ledbetter Fair Pay Act (Pub. L. 111-2) was enacted. It increases the number of employment discrimination suits that can be brought by reversing the Supreme Court's decision that the timing rules for lawsuits begin when an allegedly discriminatory practice is adopted. The Supreme Court extended its string of pro-arbitration cases by ruling in 14 Penn Plaza LLC v. Pyett, 129 S. Ct. 1456 (4/1/09), that a collective bargaining agreement clause that clearly obligates union members to arbitrate ADEA claims is enforceable. The Supreme Court held that federal labor law preempts a California law that forbade employers that receive state contracts or other funding to discuss union matters with employees. As long as employers avoid coercion, federal law seeks to promote wide-open debate on labor issues: Chamber of Commerce v. Brown, 128 S. Ct. 2408 (2008). Another Supreme Court ruling discussed allows unions to charge non-members who pay agency fees in lieu of joining the union amounts representing certain expenses of national litigation: Locke
Author: Jonathan T. Hyman
Author: Jonathan T. Hyman
Author: United States. Wage and Hour and Public Contracts Divisions
Author: Deborah England
Author: Jonathan Remy Nash
Author: Amy L. Greenspan
Author: Marta Otto
Author: Philip Leith
Author: Barry Cushway
Author: Arthur Khong
Author: Dana Shilling