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The Legal Side of HR Practice

Book Description

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. This is an ebook version of the AMA Self-Study course. If you want to take the course for credit you need to either purchase a hard copy of the course through amaselfstudy.org or purchase an online version of the course through www.flexstudy.com.

Table of Contents

  1. Cover
  2. Title Page
  3. Copyright
  4. Contents
  5. About This Course
  6. How to Take This Course
  7. Pre-Test
  8. 1 Onboarding
    1. Overview
    2. Defining the Position
      1. Job Descriptions
    3. Recruiting
      1. Statutes Requiring Affirmative Action Plans in Recruitment
      2. Uniformed Services Employment and Reemployment Rights Act (USERRA)
    4. Legal Recruiting Generally
      1. Internal Job Postings
      2. Employee Referrals
    5. Discriminatory Recruitment
      1. Job-Related Ad Language
    6. Recruitment Documentation
      1. Federal Contractors
      2. Private Sector Retention of Applications and Resumes
      3. Employer Information Report (EEO-1 Report)
    7. Pre-Employment Issues
      1. Background Checks
      2. Pre-Employment Tests
      3. Interviewing
    8. Interviews and the Americans with Disabilities Act
      1. Overview of the Americans with Disabilities Act (ADA) and the Amendments to the Americans with Disabilities Act (ADAAA)
      2. Identifying the Essential Functions of a Job
      3. The ADA Prohibits any Pre-Employment Inquiries about a Disability
      4. Post-Offer Stage
    9. Competency-Based Questions
    10. Closing the Interview
    11. Documenting the Interview
      1. Post-Interview Notes
    12. Employment Eligibility – Form I-9
      1. Form I-9 Basic Requirements
      2. E-Verify
    13. Recap
    14. Review Questions
  9. 2 Compensation
    1. Introduction
    2. Major laws Prohibiting Compensation Discrimination
      1. Equal Pay Act of 1963
      2. Title VII, the ADEA, and the ADA Compensation Prohibitions
    3. Wage Standards Generally
      1. Major Employee Categories
      2. Understanding the Terms
      3. Total Remuneration
      4. Regular Rate of Pay
    4. Calculating Overtime Pay
      1. Using the Fluctuating Workweek Method
      2. Compensatory Time Off
      3. Tipped Employees
      4. Youth Minimum Wage
    5. Compensable Hours
      1. Waiting (On-Call) Time
      2. Rest and Meal Periods
      3. Sleeping Time and Certain Other Activities
      4. Lectures, Meetings, and Training Programs
      5. Travel Time
    6. Child Labor
      1. Nonagricultural Jobs (Child Labor)
      2. Farm Jobs (Child Labor)
    7. White Collar Exemptions
      1. Salary Test
      2. Duties Tests
    8. Wage and Hour Violations
      1. Managerial Responsibility
    9. Recap
    10. Review Questions
  10. 3 Fair and Legal Management
    1. Overview
    2. Key Federal Employment Laws
      1. Prohibited Acts
    3. Proving Discrimination
      1. Disparate Treatment
      2. Disparate Impact
      3. Legal Discrimination – Bona Fide Occupational Qualifications (BFOQ)
    4. Enforcement Mechanisms
      1. Statutes of Limitation
      2. Title VII and Civil Rights Act of 1991 (CRA91) Remedies
    5. Discipline and Discharge
      1. Employment at Will
      2. Erosion of the At-Will Doctrine
      3. Progressive Discipline
    6. Recap
    7. Review Questions
  11. 4 Privacy Issues
    1. Introduction
    2. The Doctrine of Respondeat Superior
    3. Negligent Hiring
    4. Background Checks
      1. Doing It Yourself
      2. Using Information Providers
    5. Medical Information Obtained During the Hiring Process
      1. The Americans with Disabilities Act (ADA)
      2. Consumer Reporting Agencies – Section 411, FACT Act
    6. Genetic and Biochemical Testing
      1. Federal Laws
      2. State Laws
    7. Drug and Alcohol Testing
      1. Public-Sector Employers
      2. Private-Sector Employers
      3. Unionized Workplaces
      4. Department of Transportation, Federal Motor Carrier Safety Administration’s (FMCSA) Alcohol and Drug Testing Rules
    8. Employee Polygraph Protection Act of 1988 (EPPA)
      1. EPPA Exemptions
    9. Monitoring Employees in the Workplace
      1. Electronic Media
      2. The Electronic Communications Privacy Act of 1986 (ECPA)
      3. Surveillance, Searches, and Other Intrusions
      4. Regulating Employee Off-Duty, Off-Premise Lifestyle
      5. Invasion of Privacy
      6. Public Disclosure of Private Facts
      7. Placing a Person in a False Light
      8. Intrusion upon Seclusion
      9. Misappropriation
      10. Defamation, Libel, and Slander
      11. Intentional Infliction of Emotional Distress/Outrage
      12. False Imprisonment
    10. Recap
    11. Review Questions
  12. 5 Safety and Health
    1. Introduction
    2. The OSH Act
    3. The General Duty Clause
    4. The Standards
      1. Federal Register
      2. Code of Federal Regulations (CFR)
      3. Performance-Based Stardards
      4. Basic Requirements
    5. Significant Standards
    6. Workplace Violence
    7. Basic Prevention Strategies
      1. Prevention and Response – HR’s Role
      2. Types of Workplace Violence
      3. Risk Factors and Symptoms
    8. Workplace Bullying
      1. Corporate or Institutional Bullying
      2. Co-Worker Bullying
      3. Cyberbullies and Cyberstalkers
    9. Recap
    10. Review Questions
  13. 6 Workers’ Compensation
    1. Introduction
    2. Exclusive Remedy Doctrine
      1. Erosion of the Exclusive Remedy Doctrine
    3. Loaned or Borrowed Employees
      1. Employee Leasing Organizations
      2. Statutory Employer Laws
    4. Getting WC Insurance
    5. Work Relatedness
      1. Accidental Occurrence
      2. “Ordinary Diseases of Life”
      3. The Last Employer
    6. Injuries “Arising out of” Employment
    7. Injuries “in the Course of” Employment
      1. “in the Course of” Legal Doctrines
    8. Employee Misconduct
    9. Types of Benefits
      1. Disability Benefits
      2. Waiting Period
      3. Benefit Wage Calculations
    10. The Bermuda Triangle – ADA, WC, and FMLA
    11. Administering WC Claims
      1. Notice of Injury
      2. Notice of Claim
      3. Employer Reporting
      4. Claim Resolution
    12. Recap
    13. Review Questions
  14. 7 Federally Mandated Benefits
    1. Introduction
    2. Unemployment Insurance
      1. Introduction
      2. Funding
      3. Covered Work Force
      4. Extended Benefits
      5. Disaster Benefits
      6. Denial of Benefits
      7. Fighting a UI Claim
    3. The Family and Medical Leave Act (FMLA)
      1. Introduction
      2. Covered Entities
      3. Notices and Certifications
      4. Intermittent Leave
      5. Employee Eligibility
      6. Eligible Reasons For Leave
      7. Unpaid Nature of Leave
      8. Maintaining Health Benefits
      9. Key Employees
    4. The Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA)
      1. Introduction
      2. Coverage
      3. Qualified Beneficiary
      4. Qualifying Events
      5. COBRA and FMLA
      6. Coverage Periods
      7. COBRA Notices
      8. Election Timing
      9. Payment of First Premium
      10. Cost
      11. Enforcement
    5. Recap
    6. Review Questions
  15. Bibliography
  16. Glossary
  17. Post-Test
  18. Index