Want a NOOK? Explore Now
The number of small businesses in the United States is astounding. According to the most recent U.S Census data, there are more than 8.8 million businesses with less than 20 employees, with more than 21.3 million employees spread out among those businesses. The shear volume of individuals who do not work for a massive corporation is growing exponentially every year and the result is a lot of confusion on the part of small business owners who are struggling to understand the complicated federal employment laws that dictate how they must handle those employees. With this comprehensive A-Z guide to the federal employment laws that dictate the practices you must follow, you will learn every possible detail you will ever need to know to stay ahead of the government’s requirements and run a successful business.
There are more than 20 Federal acts that are designed to keep the workers of this country protected against various forms of discrimination, poor treatment, and negligence on the part of the employer. You will learn the intricate details of each of these federal acts and how they apply to you and your business. You will learn everything that applies to you in regards to age discrimination, disability discrimination, equal pay requirements, affirmative action, civil rights enactments, worker retraining, and dozens more acts such as OSHA, ERISA, EPPA, COBRA, SOX, PDA, and NLRA acts that enforce the standards of employment for millions of companies around the nation.
You will learn which laws your company specifically must follow and how state laws might further designate what you need to know when hiring and employing a new worker. A run down of each kind of business and how certain laws, such as OSHA and other worker safety laws will apply more restrictively to you. You will be shown exactly how each of these laws is enforced and what you can expect if you fail to do so – including the requisite fines, possible sanctions, or even loss of licensing in certain cases.
Many industry professionals have been interviewed to share their insights on the employment laws in this country, providing a more complete view of how you can adhere to and follow these laws effectively. The tools you need, including the forms and agency addresses and contacts, to comply with these laws are provided in their entirety, along with the federal and state agencies that you will be dealing with intricately in the weeks to come. A comprehensive listing of resources that are designed to help you make the right decisions and complete the necessary steps for each hire you make is also provided, annotated to show you which laws coincide with which resources. If you are considering starting your own business or are starting to expand and hire more employees, this book will provide every detail you need to effectively manage and maintain your growing workforce.
Foreword 11
Introduction 13
Disclaimer 15
Chapter 1 Overview 17
Conflicts of Federal and State Laws 17
Sources of Law 18
Application of Federal Law to Employers 19
What is Covered in This Book? 20
Chapter 2 Age Discrimination in Employment Act of 1967 (ADEA) 23
History and Purpose 25
Protected Class of Employees 25
Employers Subject to the ADEA 26
Prohibited Discriminatory Employer Actions 26
Bona fide Occupational Qualifications - BFOQ 32
Enforcement Agency and Procedures 33
Penalties for Violations 34
Employer Compliance and Requirements 35
Helpful Web Sites 40
Chapter 3 Older Workers Benefit Protection Act (OWBPA) 41
History and Purpose 42
Protected Class of Employees 42
Employers Subject to the OWBPA 42
Waiver Requirements 43
Benefit Requirements 45
Enforcement Agency and Procedures 46
Penalties for Violations 47
Helpful Web Sites 48
Chapter 4 The Americans with Disabilities Act of 1990 (ADA) 49
History and Purpose 51
Protected Class of Employees 52
Employers Subject to the ADA 55
Prohibited Discriminatory Employer Actions 56
Reasonable Accommodation Requirements 57
Qualification, Test, and Medical Standards 58
Entities Specifically Excluded 61
Enforcement Agency and Procedures 64
Penalties for Violations 65
Employer Compliance and Requirements 66
Helpful Web Sites 68
Chapter 5 The Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) 69
History and Purpose 71
Protected Class of Employees 72
Types of Businesses the Act Covers 75
Employer Compliance and Requirements 76
COBRA Qualifying Event Coverage Notice 78
COBRA Election Procedures 82
Enforcement Agency and Procedures 87
Penalties for Violations 87
Helpful Web Sites 89
Chapter 6 Employee Polygraph Protection Act 1988 (EPPA) 91
History and Purpose 92
Protected Class of Employees 92
Types of Employers Covered by the EPPA 92
Prohibited Discriminatory Employer Actions 93
Enforcement Agency and Procedures 101
Penalties for Violations 101
Employer Compliance and Requirements 102
Helpful Web Sites 104
Chapter 7 Equal Pay Act of 1963 105
History and Purpose 107
Protected Class of Employees 107
Types of Employers Covered by the EPA 108
Prohibited Discriminatory Employer Actions 108
Enforcement Agency and Procedures 111
Penalties for Violations 112
Employer Compliance and Requirements 112
Helpful Web Sites 114
Chapter 8 The Fair Credit Reporting Act (FCRA) 115
History and Purpose 117
Protected Class of Employees 117
Employers Subject to the FCRA 118
Employer Obligations 118
Enforcement Agency and Procedures 120
Penalties for Violations 121
Helpful Web Sites 122
Chapter 9 The Fair Labor Standards Act 123
History and Purpose 124
Employers Subject to the FLSA 124
Employer Compliance and Requirements 126
Exceptions to Minimum Wage Requirements 128
Employer Obligations 134
Enforcement Agency and Procedures 135
Penalties for Violations 136
Helpful Web Sites 137
Chapter 10 The Family Medical Leave Act 139
History and Purpose 140
Protected Class of Employees 141
Employers Subject to the FMLA 142
Employer Compliance and Requirements 142
Employer Obligations 146
Employee Requirements 146
Prohibited Discriminatory Employer Actions 151
Enforcement Agency and Procedures 151
Penalties for Violations 152
Helpful Web Sites 154
Chapter 11 The Genetic Information Nondiscrimination Act 155
History and Purpose 155
Helpful Web Sites 156
Chapter 12 The Immigration Reform and Control Act of 1986 (IRCA) 157
History and Purpose 159
Employer Compliance and Requirements 160
Prohibited Discriminatory Employer Actions 161
Enforcement Agency and Procedures 162
Penalties for Violations 163
Helpful Web Sites 164
Chapter 13 The National Labor Relations Act 165
History and Purpose 166
Protected Class of Employees 167
Employers Subject to the NLRA 167
Employee Rights and Responsibilities 168
Collective Bargaining and Representation Rights of Employees 171
Prohibited Discriminatory Employer Actions 175
Enforcement Agency and Procedures 179
Penalties for Violations 182
Helpful Web Sites 184
Chapter 14 The Occupational Safety and Health Act 185
History and Purpose 186
Employer Compliance and Requirements 187
Employee Rights and Responsibilities 190
Enforcement Agency and Procedures 191
Penalties for Violations 192
Helpful Web Sites 194
Chapter 15 Personal Responsibility and Work Opportunity Reconciliation Act 197
History and Purpose 197
Employers Subject to the PRWORA 198
Protected Glass of Employees 198
Employer Compliance and Requirements 198
Penalties for Violations 199
Helpful Web Sites 201
Chapter 16 The Pregnancy Discrimination Act (PDA) 203
History and Purpose 203
Protected Class of Employees 203
Employers Subject to the PDA 203
Prohibited Discriminatory Employer Actions 204
Helpful Web Sites 207
Chapter 17 Title VII of the Civil Rights Act of 1964 207
History and Purpose 207
Protected Class of Employees 208
Employers Subject to Title VII 208
Employers and Title VII- What You Need to Know 209
Prohibited Discriminatory Employer Actions 210
Employer Liability 211
Employer Compliance and Requirements 212
Enforcement Agency and Procedures 213
Penalties for Violations 216
Helpful Web Sites 218
Chapter 18 Uniformed Services Employment and Reemployment Rights Act 219
History and Purpose 220
Employers Subject to the USERRA 221
Protected Class of Employees 221
Prohibited Discriminatory Employer Actions 222
Employer Compliance and Requirements 222
Employee Rights and Responsibilities 224
Enforcement Agency and Procedures 226
Penalties for Violations 227
Helpful Web Sites 229
Chapter 19 Worker Adjustment and Retraining Notification Act 231
History and Purpose 231
Protected Class of Employees 232
Employers Subject to the WARN 233
Employer Compliance and Requirements 233
Requirements of Notice 235
Exceptions from 60-Day Notice 237
Enforcement Agency and Procedures 237
Penalties for Violations 238
Helpful Web Sites 238
Conclusion 239
Appendix A Federal Agencies and Contact Information 241
Appendix B State Statutes Tables 245
Bibliography 323
Author Biography 329
Index 331
Anonymous
Posted July 30, 2012
The A-Z Guide to Federal Employment Laws for the Small Business Owner by Shannon Johnson with Berit Everhart, 2011, 336 pages, Atlantic Publishing Group, Inc., $24.95
The legal environment for small businesses is like walking through a mine field. It would help to know where not to step to avoid problems and it would help to know what to do if the worst happens. Unfortunately for too many small business owners they are wandering through the mine field while wearing a blind fold. This excellent and accessible guide can be a small firm’s best map to avoid trouble.
In non technical language attorneys Shannon Johnson and Berit Everhart explain eighteen of the most important federal employment laws and give numerous practical examples of where employers can run into trouble even with the best of intentions. Avoiding a problem is always cheaper than dealing with a violation which means that this book could save a reader tens of thousands of dollars in legal fees as well as disruptions to their business. This book should be on the desk of every owner and personnel manager within easy reach for reference. And while the book is written for small business owners, employees will also find the book a useful guide to their rights under federal law. The book also includes a summary of state laws and agencies.
Overview
The number of small businesses in the United States is astounding. According to the most recent U.S Census data, there are more than 8.8 million businesses with less than 20 employees, with more than 21.3 million employees spread out among those businesses. The shear volume of individuals who do not work for a massive corporation is growing exponentially every year and the result is a lot of confusion on the part of small business owners who are struggling to understand the complicated federal employment laws ...