Employment Law for the Paralegal

ISBN-10: 0766815331

ISBN-13: 9780766815339

Edition: 2002

Authors: Peggy N. Kerley

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Description:

This new text covers the history of employment law, wage and hour legislation, tort and breach of contract law, ADA, sexual harassment, discrimination, age discrimination, and employees' rights.
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Book details

List price: $158.95
Copyright year: 2002
Publisher: Delmar Cengage Learning
Publication date: 12/12/2001
Binding: Paperback
Pages: 400
Size: 7.25" wide x 9.00" long x 0.75" tall
Weight: 1.804
Language: English

Preface
Acknowledgments
The Employment Relationship
Overview
Master-Servant Relationship
Principal-Agent Relationship
Who Is an Employer?
Common Law Duties of the Employer
Who Is an Employee?
Distinguishing Employees from Independent Contractors
The Emergence of Temporary or Leased Workers/Employees
Doctrine of Joint Employment
Common Law Duties of the Employee
Doctrine of Employment at Will
Exceptions to Employment at Will Doctrine
Establishing the Employment Relationship
Overview
Recruitment
Employment Applications
The Interview Process
Preemployment Testing
Background Reference Checks and Preemployment Investigations
Uniform Guidelines on Employee Selection Process
Offer Letters
Written Employment Contract
Statutory Limitations on Employment Contracts
Affirmative Action and the Employment Relationship
Compensation Regulations for Employers
Overview
FLSA Definition of the Employer-Employee Relationship
Employee Exemptions under FLSA
Age Discrimination
Overview
Covered Persons and Entities under the ADEA
The Effect of the ADEA on Hiring Practices
The Effect of the ADEA on Promotion Requirements
The Effect of the ADEA on Retirement Issues
Reduction-in-Force and the Issue of Age Discrimination
Waiver of Age Discrimination Claims
Proving an Age Discrimination Claim
Employer's Burden of Proof
Plaintiff's Ultimate Burden-Proving Pretext
Personnel Records to be Maintained under the ADEA
Administrative Procedures under the ADEA
Remedies Available under the ADEA
Race and Color Discrimination
Overview
Race Discrimination under Title VII
Racial Harassment
Reverse Discrimination
Color Discrimination
Types of Race and Color Discrimination
Establishing a Prima Facie Case of Race Discrimination
Proving Pretext
Defenses against Race Discrimination Claims
Adverse Impact Race Discrimination
Remedies
National Origin Discrimination
Overview
Statutory Requirements Affecting National Origin Discrimination
English Proficiency Rules
Religious Discrimination
Overview
Unlawful Employment Practices Relating to Religion
Protected Activity
Reasonable Accommodation
Proving Discrimination
Defenses to Religious Discrimination Claims
Religious Advocacy in the Workplace
Sex Discrimination
Overview
Definition of Sexual Harassment--Title VII
Definition of Sexual Harassment--EEOC
Categories Of Sexual Harassment
Same-Sex Harassment
Constructive Discharge
Preparing to Litigate from the Plaintiff's Perspective
Determination of Employer's Liability for Sexual Harassment/Hostile Work Environment
Defending Sexual Harassment Claims--EEOC and Court
Sex-Plus Discrimination
Glass Ceiling Issues in Discrimination
Nonsexual Gender Harassment
Overview of Pregnancy Discrimination
Hiring Issues Relating to Pregnancy Discrimination
Accommodations for Pregnant Employees
Pregnancy Leave and Benefits
Positions Held Open for Pregnancy or Maternity Leave
Health Benefits for Pregnancy
Proving Pregnancy Discrimination
Fetal Protection Policies
Reproduction Discrimination
Prima facie Violations of the PDA
Statistics on EEOC and FEP Pregnancy Discrimination Charges Filed
The Family and Medical Leave Act
Overview
Employers Covered by FMLA
Employees Entitled to Leave
Leave Requirements
Qualifying Reasons for FMLA Leave
Employee Protections under the FMLA
Limitations and Exceptions to the Employer's FMLA Obligation
The Employee's Obligations under the FMLA
The Employer's Obligations
Burden of Proof in FMLA Discrimination Cases
Example of Interference/Discrimination Found by the Court
Example of No Interference/Discrimination Found by the Court
Recordkeeping Requirements under the FMLA
Employee Protections under the FMLA
Enforcement Proceedings
The Employer's Rights Versus the Employee's Right to Privacy
Employee's Right to Privacy
Guidelines for Monitoring Employees
Categories of Monitoring
Drug and Alcohol Abuse
Employee Polygraph Protection Act of 1988
Access to Personnel Information
Information Relating to Reason for Discharge or Voluntary Termination
Defamation Liability Potential
Federal Fair Credit Reporting Act
Immigration
Overview
Administration of Immigration Laws
Employers' Duties Regarding Alien Employment
Independent Contractors
North American Free-Trade Agreement (NAFTA)
Sanctions
Recordkeeping Requirements
Antidiscrimination Provisions
Nonimmigrant Business Visas
B-Category Visas
E-Category Visas
F and M-Category Visas
H-Category Visas
L-Category Visas
O-Category Visas
P-Category Visas
Q-Category Visas
TN-Category Visas
Derivative Visas
Permanent Resident Visas
Citizenship Application
Immigration Forms and Information
Safety Regulations in Employment
Overview
OSHA Coverage
Employees' Rights under OSHA
Employer Requirements under OSHA
General Duty Clause
Reporting Requirements
Enforcement Procedures
Penalties for OSHA Violations
Inspections and Investigations
Abatement Certification
Employer Defenses to OSHA Citations
Obtaining Information about OSHA
Compensable Injury under Workers' Compensation Laws
Noncompensable Injury under Workers' Compensation Laws
Occupational Diseases
Infectious Diseases
Hearing Loss
Preexisting Diseases
Notice of Injury
Filing of Claims
Benefits
Administrative Hearings
Coordination of Benefits
Retaliation for Workers' Compensation Claims
Minimizing On-the-Job Injuries
Employment Handbook Acknowledgment
U.S. Department of Labor Regional Offices
Record Retention Requirements
Notices (Posting) Required (Under Federal Employment Law)
Record Retention Requirements Under ADEA
Internet Sites Relating To General Legal Topics
State Workers' Compensation Agencies
EEOC Document Request Under FOIA
Equal Employment Opportunity Commission Agreement of Nondisclosure
Authorization To Obtain Medical Records
State Fair Employment Practice Offices
State Laws Prohibiting Discrimination on the Basis of AIDS or HIV
Glossary
Index
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