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Labor Pains is no longer available in a hardbound edition. The 2008 and all subsequent editions will be in .pdf format only.
To purchase Labor Pains: Employer and Employee Rights and Obligations complete the secure on line form. The cost is $38.50. (Sorry, we do not accept "returns.")
See the index to the 2008 edition.
The first half of Labor Pains is written in a question and answer format, answering 150 of the most commonly pose questions about employer and employee rights and obligations. It also provides some policies and practices which should be used in various situations. And it takes legalese and puts it into plain English. Want to read the first chapter to get a feel for the writing and content? Click here for the introduction to the latest .pdf version.
Labor Pains cannot show you how to win an unemployment, harassment, or wrongful discharge claim, but based on over 35 years experience, it does tell you how to lose one, and lose it from the outset. In other words, the outcome is still up to the judge, but if you play the game wrong, you can lose as soon as you set foot in the room.
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Index - Labor Pains 2008
A
Absence of Job Descriptions 17-18
Absenses and Absenteeism 32, 95, 153, 166, 170, 171, 178, 196
Abshire v. County of Kern 84, 157
Accrual of Sick Leave 94, 95
Accrual of Vacation 93, 94
Accrued Vacation Included in Definition of Wages 154
Administrative Exemption from FLSA 76
Administrative Handbook Policy 31, 32
Administrative Leave or Administrative Suspension 172
Administrative Leaves 172
Adoption 99
Adoption and Family Leave 99, 100
Affirmative Action 142, 174, 234
Affirmative Action Programs 234
After Accident Drug Testing 60
After-Accident Drug Testing 60
Age Discrimination 34, 47, 48, 110, 159, 167, 177, 183, 197
Age Discrimination in Employment Act (ADEA) 48, 167
Alcohol Abuse 119, 120, 122, 161
Americans with Disabilities Act (ADA) 38, 43, 116, 117, 143, 147, 149
Application Form and Disclaimer 37, 143
Arbitration 34
At-Will Employment 5, 17, 20, 23-25, 28-31, 33, 34, 48, 58, 117, 133, 169
At-Will Employment Defined 23
Attendance 20, 42, 84, 140, 144, 153, 156, 157, 232
Avoiding Legal Claims 14
Avoiding Wrongful Discharge Claims 25, 29
B
Background Checks 39, 40
Benefits - Mandatory 95
Bereavement Leave 100, 128
Bona Fide Computer Professional Criteria 211
Bonuses 10, 175, 176, 192, 196, 229
Boykin vs. Boeing 84
Breach of Contract 28, 52
Breaks - States With Laws 80
Buying Out An Employee 133
CCalifornia's Workplace Flexibility Act 81, 90
Capping Vacation Accrual 93, 94
Carpal Tunnel Syndrome Not a Disability 116
Casual and Dress-Down Days 190, 191
Changes rto the FLSA 2004 76
Charitable Contributions and Employer Pressure 189
Charts:
Number of Employees and Pertinence of Laws 142, 143
State Labor Bureaus 66, 68
State Overtime Regulations 66-68
Use It Or Lose It Laws 180-182
Civil Rights Act of 1964 114
Civil Rights Act of 1968 110
Civil Rights Act of 1991 110
Cleary v. American Airlines 11
COBRA 137, 143
Commissioned Employees 52, 88, 150, 160, 168, 177
Commissioned Employees and Overtime 89
Commissions 52, 88, 150, 151, 160, 168, 177
Comp Time 83-86
Comp Time In Lieu of Overtime 83, 84
Company Property 56
Company Reputation 108, 155, 170
Compensation During Leaves of Absence 128
Compensatory Time Off 83, 85
Complaints and Grievances 163, 169, 171
Computer Professionals - Exempr or Nonexempt 210, 211
Computer Programmers as Exempt 98
Concealed Weapons Laws 183, 184
Condoning Misconduct 179
Confidentiality of Information 64
Conflict of Interest 107, 200, 201
Constructive Discharge and Constructive Quit 112, 151, 152, 155, 177, 178
Continued Healthcare Coverage 127, 137, 166
Contract Defined 196
Contractual Nature of Work 13
Copying Personnel Files 161
Corning Glass v. Brennan and Computer Professionals 210
Corning Glass Works v. Brennan 145
Counseling 22, 31, 118-120, 135, 171, 172, 176, 228, 229
Credit Checks 43
Credit Checks and Credit Reports 43
Crossier v. UPS 107D
Dating Employes 107, 108
Days of Rest in Workweek 87
Decision Making Authority 79
Deductions from Exempt Employee Salary 84
Deductions From Pay 84, 85, 150
Demotions 32, 48, 147, 152
Desks and Lockers as Company Property 56
Dewdney, A. K. 224
DFEH v. National Bindery Company 151
Difference Between Probationary and Introductory Periods 30, 31
Direct Deposit 182
Disability Leave 43, 130, 149
Discharging an Employee to Avoid Benefits 132, 133
Disciplinary Action 86, 95, 170
and Pregnancy 123, 124
Disclaimer on Application Forms 28
Disclosure of One's Own Wages 175, 176
Disclosure of Working Conditions 176
Discretion as a Criterion on Performance Review 231
Discretionary Powers of Management 14, 41
Discrimination 20, 32, 34, 47, 48, 92, 95, 103-105, 109-111, 125, 133, 137, 138, 150, 153, 159,
160, 167, 174, 175, 177, 183, 185, 196, 197, 203
Disruption of Workflow 120, 167
Dissention 104, 107, 135, 167, 175, 176, 197
Docking Exempt Employees 157, 186
Docking Exempt Employees' Salaries 84, 85
Documentation 10, 16, 20, 21, 29, 37, 53, 85, 109, 120, 122, 125, 149, 156, 157, 167, 173, 229
Domestic Partners 100
Double Time for Holidays 82
Downsizing 7, 17, 163, 192, 195, 197
Dress Code 190, 191
Drucker, Peter F. 224
Drug Abuse 11, 58, 59, 120, 162
Drug Free Workplace Act 11, 143, 162
Drug Testing 58-60
Drug Testing and the Constitution 59E
E-Mail and Privacy 57
Early (Forced) Retirement 159
EEO-1 Form 142, 234, 235
Eligibility for Family Leave 99, 100, 128
Eligibility for Overtime 19, 82-84, 88, 90, 115
Eligibility for State Disability Insurance 126
Eligibility for Unemployment 133, 134, 178, 179
Eligibility for Unemployment Benefits 133, 134, 178, 179, 188
Ellison v. Brady and "Reasonable Woman Standard" 151
Email Monitoring 64, 184
Embezzlement 173
Employee Handbook - When Is One Necessary? 42, 43
Employee Handbook - Why Is One Necessary? 41, 43
Employee Handbooks: Why and When to Have Them 41-43
Employee Lists and Privacy 189
Employee Loans 189, 190
English Only Laws 103-105
English-Only Policy 103, 104
Equal Employment Opportunity Commission 110-112, 155, 234, 235
Equal Pay Act 145
Equity in Compensation 206
Ergonomics 115, 116, 225
Errors and Overtime 88
Errors of Omission 13
Excessive Absenteeism 32, 170, 178
Excessive Absenteeism and Probation 32
Excused Absences 32, 171
Executive Exemption from FLSA 76
Executive or Managerial Exemption from FLSA 76
Executive Order 11246 142, 234
Exempt Employee Salary Requirements 186
Exemptions from the Fair Labor Standards Act 19, 66, 76-78, 98
Exempts and Hours of Work 81
Exempts Receiving Full Salary For Partial Week 157, 158, 186
Expectations 13, 31, 41, 43, 51, 176
Express Contract 24F
Fair Credit Reporting Act 43
Fair Employment and Housing Commission or Administration 48, 111, 112, 138, 143, 147, 150,
151, 159, 175
Fair Labor Standards Act 10, 19, 65, 66, 78, 80, 88, 168
Fair Labor Standards Act - Exemptions 76, 77
Family Leave 77, 99, 126-128, 130, 134, 139, 142, 165, 166, 179
Family Leave in Germany and Scandinavia 101
Family Medical Leave Act - Criteria 99, 100
Favoritism 106, 107, 202
Filing Claims of Discrimination 110
Floating Holidays 56, 57
FLSA and Programmers 210
FLSA Changes - Synopsis 68, 69
Foley v. Interactive Data Corp. 12, 24, 103
Forms
Application for Employment 20, 24, 25, 28, 34, 37, 43, 48, 142, 165
Consultation Report 20, 21, 31, 161, 171
Incident Report 31
Occurrence Memo 21
Performance Review 20, 31, 228, 231
Four-Day Workweek 168
Full Time Employee Defined 32G
Garnishment of Wages 26, 123
Giving Notice 153, 154
Good Cause 9, 28, 29, 169
Good Faith and Fair Dealing 10-13, 24, 28, 29, 149, 187
Gross Misconduct and COBRA 137
Gross Negligence 133, 150
Gross Negligence and Losses 150H
Halo Effect 21, 227
Harassment 2, 24, 29, 34, 111-114, 121, 122, 151, 155, 174, 175, 177, 185, 202, 203
Harkin, Senator 68, 69
Hazardous Working Conditions 158
Hiring Relatives 106, 109, 200, 203
Holiday Time Off 43, 55, 57, 82, 96
Holidays 55-57, 96
Holidays and Pay for Part Timers 56
Holidays Not Mandated by Law 82
Horns Effect 21, 227
Hostile Work Environment 111, 112
Hostile Work Envrionment 29, 34, 111-113, 121, 122, 151, 155, 167, 202
HR Manager Job Description 219-223
HR Manager Job Specifications 222
HR Manager Responsibilities 217-225I
Immediate Family Defined 100, 101
Implied Contract 11, 13, 16, 24, 31, 41
Implied Contracts 16, 24, 31, 41
Inbdependent Contractors 16, 49, 50, 212-215
Incapacity to Perform 179
Incentive Compensation 192, 193
Inclement Weather 185, 186
Independent Contractor Status 19, 49, 50, 84, 187, 212-215
Independent Contractors 19, 49, 50, 187, 210, 212-215
Independent Discretion and Judgment 19, 78, 144, 231
Independent Judgment 79
Inducements to Join a Company 29
Insubordination 135, 136, 141
Intermittent Leave 139
Intermittent/Reduced Schedule Leave 100
Internships 159, 160
Interstate Commerce and Overtime 80
Introductory or Orientation Period 12, 17, 30, 31, 227
Invasion of Privacy 45, 56, 58, 60, 107, 184, 185, 200, 202J
Job Abandonment 180
Job Analysis 204
Job Analysis Defined 204
Job Description - Sample 207, 208
Job Description Questionnaire 205
Job Descriptions 16, 18, 37, 43, 78, 119, 169, 204-208
Job Evaluation 206
Job Reference Liability Laws 38, 39
Job Satisfaction 41
Job Specifications 204
Job Specifications for the HR Manager 222
Johnson v. Pike Corp.
Garnishments 123
Judgment 19, 76, 78, 202, 214
Jury Duty 92, 93, 129K
Kennedy-Hawkins Civil Rights Act of 1990 110
Kin Care Leave 2L
Lack of Policies and Procedures 17
Layoffs 24, 47, 134, 139-141, 192, 197, 229
Leaves of Absence 99-101, 127, 128, 153, 166
Bereavement Leave 128
Emergency Leave 128
Family Leave 127, 128
Maternity Leave 126, 127
Military Leave 128
Sick leave 95, 96
Legal Discrimination 32
Length of Probationary Periods 32
Levine, Daniel S. 224
Lie Detector Tests Prohibited 47
Limited Liability in Reference and Background Checks 38, 39
Loans to Employees 189, 190
Losses - Charging an Employee For 150
Loyalty 14, 15M
Making Up Time Lost 90
Making Up Time Lost From Work 90, 91
Management by Objectives 192
Mandatory Days Off Each Week 87
Mandatory Overtime 86, 87
Martin Luther King Jr.'s Birthday 55, 57, 183
Martin v.Malcolm Pirnie, Inc. 116, 157
Maslow, Abraham F. 218, 219, 224
Maternity Leave and Termination 125
Maternity of Pregnangy Leave 17, 43, 96, 124-126, 134, 143, 165, 179
Maximum Hours Employees Can Be Forced to Work 87
Maximum Number of Days to Be Worked in a Week 87
Maximum Overtime - Maine Only 87
Maximum Workdays in a Workweek 87
Meal and Rest Breaks 80, 104, 173
Merit Increases 196, 227
Micromanaging 156
Military Leave 128, 129
Military Leave of Absence 128
Misclassification of Employees 16, 18, 19, 82, 213-215
Misconduct 118, 119, 133, 136, 163, 169, 179
Misconduct Defined 118
Misrepresentation on Application Form 165
Missclassification of Employees 212
Monitoring Email 184
Montana's Wrongful Termination Act and At-Will Employment 20
Moonlighting 155, 156
Myers-Briggs 46N
National Labor Relations Act 102
Negligent Hiring 38, 40
Nepotism and Favoritism 106, 109, 200, 202
No Use It Or Lose It Policies 93, 94, 141, 154
No Use It Or Lose It Vacation Pay Law - States 94
Non-Compete Agreements 4, 60-63, 107, 109, 146
Non-Disclosure Agreements 21, 60, 62, 63
Non-Fraternization of Employees
Nonexempt Employees 19
Notifying Employees About Reductions in Benefits 164O
Objectives Setting 192, 228
Obligation of the Employee 12-14, 24, 41, 102, 120, 139
Obligation of the Employer 12, 13, 24, 52, 92, 102, 111, 120, 178
Odiorne, George S. 218, 224
Offer of Employment 49, 61, 97, 98
Office Politics 148
On Call Time 98
Open Door Policies 156
Oral Contract 54
Oral Promises 24, 29
Overtime 19, 42, 46, 51, 65-67, 75, 79, 83, 84, 86-88, 90, 91, 98, 114, 115, 187
Overtime and Commissioned Employees 89
Overtime and Errors 87
Overtime and Loss of Productivity 88
Overtime and Morale 88
Overtime and Sick Leave, Holidays, Vacations 91
Overtime and Truck Drivers 80
Overtime Compensation Issues 66, 75, 77, 84, 86-88, 90, 98, 114, 115, 164, 180, 187
Overtime for Exempt Employees 84, 85
Overtime for Holidays 82
Overtime for Time Worked Only 91P
Paid Family Leave 101
Part Time Employee Defined 32
Part Timers and Paid Holidays 56
Paternalism 51, 195-197
Paternity Leave 126
Pay for Meal Periods 81
Pay for Work on Holidays 82
Pay in Lieu of Notice 154
Pay in Lieu of Notice - Severance 154
Pay in Lieu of Notice and Severance 154
Pay While On Jury Duty Not Mandated 92, 93
Payment for Employee's Attendance at Meetings 114
Payment of Final Paychecks 141
Payment of Wages Upon Termination/Resignation Chart 180-182
Payment While On Jury Duty 92
Payne v. Western & Atlantic Railroad 23
People v. Kwee (and Payment for Jury Duty) 93
Performance Appraisal Criteria 9, 144, 192, 227, 228, 230, 231
Performance Appraisals 9
Performance Appriasals or Reviews 18, 20, 21, 29, 31, 124, 127, 138, 143, 152, 153, 163, 197,
206, 227, 228, 230-232
Performance Evaluation 17, 144, 192, 197, 206, 227, 229, 231
Performance Reviews - Criteria On 144, 230, 231
Permanent Employee 12
Permanent Employees - Watch Your Language 31
Personal Time Off (PTO) Policies 96
Personality Conflicts 28
Personnel Files 142, 144, 161, 171
Physical Exams - Who Pays 91
Pirating Employees 61, 62
Policies
Affirmative Action 174
At-Will Disclaimer 34
Bereavement Leave 128
Code of Conduct 170
Compensation During Leaves of Absence 128
Disciplinary Procedures 170, 171
Dress Code 191
Emergency Leave 128
Equal Opportunity Employment 174
Family Leave 127, 128
Grievances 171
Harassment 175
Jury Duty 129
Maternity Leave 126
Military Leave 128
Miscellaneous Leaves 128
Overtime 90
Probation 31, 32
Voting Time Off 129
Polygraph Tests 45, 47
Pre-employment Drug Tests: Who Pays? 59
Pregnancy and Discipline 125, 126
Pregnant Employee as Marginal 125
Preparatory Time 162
Pressure From Employer to Contribute 189
Privacy Issues 45, 56, 58, 59, 107, 108, 155, 183, 184, 189, 200-202
Privacy Rights 23, 184
Probation 22, 31, 32, 119, 120, 125, 170
Probationary Period 12, 30-32, 117, 124, 148, 149
Problems with Evaluation Systems 21
Professional Exemption from FLSA 77
Profit Sharing 5, 44, 193, 196
Progressive Discipline 12, 21, 31, 119, 123, 125, 169
Prohibited Questions in Interviewing 38
Promotion 12, 31, 32, 106, 142, 147, 192, 196, 202
Promotion and Probationary Period 32
Promotions 31, 32
Promotions 32, 106, 142, 147, 192, 196, 202
Proprietary Information 61, 166
Proprietary Information and Non-Disclosure 63
Psychological Testing 44-46
Psychological Tests and Invasion of Privacy 45, 46
Pugh v. See's Candy 11Q
Questions in Interviewing 38
Quid Pro Quo Harassment 29, 111R
Random Drug Tests 58-60
Reasonable Accommodation 91, 109, 120, 134, 162, 179, 188
Reasonable Person Standard 151
Reasonable Woman Standard 151
Reasons for Having Policies 14
Recognition 192
Reduction in Benefits Notice 164
Reduction in Pay 54, 113, 118, 152
Reduction in Work Hours 136
Reference and Background Checks 39, 40
Religious Accommodations Through Floating Holidays 56
Repayment of Training Costs 148, 149
Reprimands 86, 130, 135, 156, 170, 180
Rescinding an Offer of Employment 61
Resignations 61, 125, 141, 151, 153, 154
Rest Breaks 80, 81, 103, 104, 173, 179
Rest Breaks and Meal Periods 80
Rest Periods and Exempts 81
Restrictive Covenants 60, 61, 63
Retaliation 104
Right to Work Laws 102
Romance on the Job 106-109, 200-203
Rumors 51, 167, 202S
Salaries During Absences of Less Than A Week 186
Salary and Wage Ranges 36, 206
Salary as a Criteria for Exemptions from FLSA 78
Salary Base for Exemptions 68
Salary Redution 54, 113, 118
Same Sex Harassment 112
Sample Job Description 207
Saroka v. Dayton Hudson Corp. 45
School Participation Days Off 129
Schultz v. Wheaton Glass C 145
SDI - State Disability Insurance 126
Searching Desks and Lockers 56, 57
Setting Objectives 192
Severance 125, 133, 139, 140, 153, 161, 166
Severance and Pay in Lieu of Notice 154
Severance Pay 125, 139, 140, 153, 154, 166
Sex Discrimination 138, 203
Sexual Harassment 29, 34, 107, 111, 121, 151, 155, 175, 202
Sexual Orientation 174
Short Test for Exemptions from FLSA 78
Show Up Time - Pay Due 49
Sick Leave 17, 42, 43, 65, 91, 94-96, 126, 127, 153
Sick Leave Accrual 32, 65, 94-96
Sick Leave Programs 95
Smoking and Weyco Co. of Michigan 142
Smoking Ban is Not Against Civil Rights 142
Soulis v. Cadam Inc. 152
Spot Bonuses 192
Staffing 49, 143, 195
Staffing Analysis 49
State Disability Insurance (SDI) 126, 130, 212
Statute of Frauds 54
Stress 24, 54, 65, 113, 116, 144, 149, 152, 188
Stress and Workers' Compensation Insurance 188
Stress as a Condition of Demotion or Discharge 152
Suastez v. the Plastic Dress-Up Company 154
Support for the Organization 9
Suspension 22, 31, 86, 118, 121, 170, 172, 173
Suspension With Pay 172
Suspensions 86
Synopysis of FLSA Changes 69T
Tardiness 17, 22, 32, 91, 119, 170
Tardiness and Disability 91
Tardiness and Physical Disability 91
Telecommuting 88, 89, 186
Telecommuting: OT and WC Issues 89
Temporary Employees 58
Termination and Garnishment of Wages 123
Termination At Will 23
Termination for Cause 29
Termination for Good Cause 10, 28
Tests - Polygraphs 45, 47
Tests - Psychological 44-46
Theft 11, 119, 160, 161, 170, 172, 173
Thornton v. McClatchy Newspapers, Inc. 116
Time Cards, Time Sheets and Time Clocks 82, 83, 85, 88, 187
Time Not Worked - Sick Leave 91
Title Not a Criterion for Exemption 19, 77
Titles 18, 77
Toussaint v. Blue Cross of Michigan 11
Trade Secrets 21, 61-64, 107, 146, 166, 201
Truck Drivers and Overtime 80
Turnover 192
Tyson and Preparatory Time 162U
Undue Hardship for the Employer 120, 134, 162
Unemployment Benefits 58, 133, 167, 173, 178, 179
Unemployment Hearings 37
Uniforms 55
Uniforms - Who Pays? 55V
Vacation Accrual 65, 93, 96, 98
Vacation Accrual and Capping 93, 94
Vacation Time Accrued 94, 154
Vacation Time Accrued - No Use It Or Lose It States 93, 94
Vacations 65, 96-98, 117W
Wages Defined by States 94, 154
Waiting too Long to Discharge 16, 21, 22
Waiving Rights 46
Wal-Mart 146
Walker v. Northern San Diego County Hospital 30
Warning an Employee 20, 118, 119, 121, 167, 170, 179, 187
Well Pay as a Sick Leave Alternative 96
Weyco Co. of Michigan and Smoking 141
When to Have an Employee Handbook 42
Why Have an Employee Handbook 41, 42
Why We Have Handbooks 14, 41, 42
Witness Duty 92
Workers' Compensation 49, 96, 114-116, 137, 144, 179, 188, 212, 215, 231
Workplace Violence 45, 46, 183
Wrongful Discharge 8, 13, 14, 20, 24, 25, 34, 103, 125, 133, 148, 151, 152, 227XYZ
Ynguez v. Arizonans for Official English 104
Zilmer v. Carnation Company 151
The policies presented in the book are copyright protected, and may not be copied directly for corporate use unless written permission is given by the author, or the Bulletproof Employee Handbook or one of our tailored handbooks has been purchased. Copyright © 2006 by Ethan A. Winning and E. A. Winning Associates, Inc.
