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