With pragmatic recommendations on what government, business and labor should do to alleviate the economic crunch, The Big Squeeze is a balanced, consistently revealing look at a major American crisis.
Selected highlights of the Second Edition are as follows:
• Prisoners' Work Release Psychological Injuries
• Carpal Tunnel Syndrome Burden of Proof
• Temporary Total Disability Maximum Medical Improvement
• Permanent Total Disability Social Security as Evidence
• Schedule of Injuries
• Right to Reopen
• Acts of God
• Fraudulent Suppression
• Retaliatory Discharge
• Workers' Compensation Benefits Child Support
• Medicare Set Aside Trusts
• Tables and Memorandums
Employees filed more than 95,000 discrimination, harassment and retaliation claims against their employers in 2008, with the biggest jump occurring in age discrimination and retaliation claims. In these tough economic times, it's evident that more employees are considering taking their grievances to court.
Enter The Essential Guide to Workplace Harassment & Discrimination, the essential reference for human resources professionals, managers and supervisors who are responsible for addressing and preventing harassment and discrimination problems in the workplace. Taking into consideration the practical realities of applying the law in everyday situations, this guide answers common questions that you're likely to encounter regularly.
Though you'll read thorough explanations, in plain English, of the important legal principles that professionals must understand in order to deal with discrimination in the workplace, you'll also get samples, quizzes and scenarios that will help you to apply these principles in real-world situations. Find guidance on:
. what harassment is and how to stop it
. when and how discrimination occurs
. how to draft and communicate effective policies
. how to conduct training
. how to handle employee complaints and investigate claims thoroughly
. how to protect the company with proper documentation
. what to expect if an employee files a charge or lawsuit
The Essential Guide to Workplace Harassment & Discrimination is packed with legal strategies and information for busy managers, giving you the tools to protect your employees -- and the company -- from workplace harassment and discrimination.
- Download forms for book on nolo.com
One in four American workers says their workplace is a "dictatorship." Yet that number probably would be even higher if we recognized most employers for what they are—private governments with sweeping authoritarian power over our lives, on duty and off. We normally think of government as something only the state does, yet many of us are governed far more—and far more obtrusively—by the private government of the workplace. In this provocative and compelling book, Elizabeth Anderson argues that the failure to see this stems from long-standing confusions. These confusions explain why, despite all evidence to the contrary, we still talk as if free markets make workers free—and why so many employers advocate less government even while they act as dictators in their businesses.
In many workplaces, employers minutely regulate workers' speech, clothing, and manners, leaving them with little privacy and few other rights. And employers often extend their authority to workers' off-duty lives. Workers can be fired for their political speech, recreational activities, diet, and almost anything else employers care to govern. Yet we continue to talk as if early advocates of market society—from John Locke and Adam Smith to Thomas Paine and Abraham Lincoln—were right when they argued that it would free workers from oppressive authorities. That dream was shattered by the Industrial Revolution, but the myth endures.
Private Government offers a better way to talk about the workplace, opening up space for discovering how workers can enjoy real freedom.
Based on the prestigious Tanner Lectures delivered at Princeton University's Center for Human Values, Private Government is edited and introduced by Stephen Macedo and includes commentary by cultural critic David Bromwich, economist Tyler Cowen, historian Ann Hughes, and philosopher Niko Kolodny.
which businesses must comply with each law
what each law allows and prohibits
which federal agency enforces each law
and practical tips to remain within the scope of the law
Each chapter is dedicated to explaining and demystifying one federal employment law, including:
the Americans with Disabilities Act
the Family and Medical Leave Act
the Fair Labor Standards Act
the National Labor Relations Act
the Equal Pay Act
and much more
Stay ahead of the game and protect your company and yourself--get The Essential Guide to Federal Employment Laws.
deciding whether to investigate
choosing an investigator
interviewing and gathering evidence
evaluating the evidence
documenting the investigation
taking action and following up
This thorough guide provides all of the forms, sample policies, checklists, and sample documentation that employers need to conduct a successful investigation that will stand up in court. This edition also incorporates the latest legal developments in employment law, including updated 50-state charts on common workplace issues, Supreme Court decisions on discrimination and harassment, and more. Plus, you’ll be able to download forms and listen to sample interviews and scenarios online.
New or expanded topics include:The relationship of hearing loss to brain disordersJob fitnessAccommodations under the Americans with Disabilities ActBlast injuryRecreational music and hearing lossHypothesis of progressive NIHL after noise cessationSolvent ototoxicityAppropriate exchange rate for predicting noise hazardThe American Medical Associations method of measurement of hearing disability
This new edition provides practical guidance for expert witnesses and legal practitioners and is essential for otolaryngologists, audiologists, occupational physicians, attorneys handling hearing loss claims, and claims management professionals.
Nancy Woloch considers the network of institutions that promoted women-only protective laws, such as the National Consumers' League and the federal Women's Bureau; the global context in which the laws arose; the challenges that proponents faced; the rationales they espoused; the opposition that evolved; the impact of protective laws in ever-changing circumstances; and their dismantling in the wake of Title VII of the Civil Rights Act of 1964. Above all, Woloch examines the constitutional conversation that the laws provoked—the debates that arose in the courts and in the women's movement. Protective laws set precedents that led to the Fair Labor Standards Act of 1938 and to current labor law; they also sustained a tradition of gendered law that abridged citizenship and impeded equality for much of the century.
Drawing on decades of scholarship, institutional and legal records, and personal accounts, A Class by Herself sets forth a new narrative about the tensions inherent in women-only protective labor laws and their consequences.
Solving office problems before they escalate marks the difference between success and failure for any HR professional. The HR Toolkit provides what you need to resolve every imaginable challenge— saving your company time and money.
With a handy indexed listing of the most common workplace conflicts and solutions, The HR Toolkit offers simple, actionable techniques you can start using right away. In no time, you’ll be an expert on every issue and situation you face, including:Conflict resolution Performance management Job design Employee selection Workplace culture Codes of ethics Medical leave Fair labor standards Workplace Violence and Bullying Competitive Corporate Governance
The HR Toolkit packs everything you need into one handy volume to help you increase both productivity and your company’s bottom line by solving problems with diplomacy and skill.
Praise for The HR Toolkit
"Dozens of sample memos, policies, training aids, exercises, checklists and more that readers can use immediately for a wide range of HR tasks. Author Denise A. Romano, an HR professional for more than 14 years, does more than offer sample documents and review laws relevant to HR. She urges HR professionals to be “credible activists” who are willing—and well-trained enough—to point out when their companies are violating laws or just handling things improperly through inadvertent errors. She also addresses HR professionals’ worries—including advising them on coping with workplaces that devalue HR. "
Every job has a description -- and if you craft it carefully, you can use a job description for effective hiring, new employee orientation, evaluating performances, discipline and plan for future growth. But if it's poorly written (or not written at all), your company can face all sorts of problems, from low employee morale to legal troubles.
To meet your company's changing needs, The Job Description Handbook, an all-in-one resource, can help you create HR documents that provide the details of every job's duties, requirements, qualifications -- and much more.
This book, written in Nolo's signature plain-English style, will help you:
. create a good job description
. hire qualified employees
. evaluate an employee's job performance
. plan for your company's future needs
. avoid legal traps
. troubleshoot a description
The book also provides checklists, worksheets, resources, sample language and step-by-step instructions that you can use to create job descriptions that will work in the real world.
--Download forms for book at nolo.com
A complete listing of the requirements your employer is bound to and the legal implications of your particular situation will be provided in multiple chapters broken down to reflect the various situations in which you lost your job. If you were laid off due to a factory closing, you will be given advice on how much of your retirement benefits you are entitled to, how much notice your employer is legally required to provide you (as per the WARN act), and what you can do in the final 60 days to shore up future employment. If your company downsizes, you will be given detailed descriptions of the laws that apply to your workplace according to where you work and how long you have worked there.
You will learn what opportunities the federal government provides to those who have lost their jobs, including unemployment benefits and welfare coverage. You will also learn about how you can take advantage of additional workforce training to further your technical skills. You will learn how to handle your taxes while unemployed. You will learn how to know if your firing was legal and if you have a legal basis to reproach your company for laying you off. If you were unfairly terminated, you will be shown how you can approach an attorney and what you need to provide to win your case.
Finally, you will be shown which resources and tools are available to help you get back on your feet, finding a new job that utilizes your skills and training. You will learn how you can modernize your skill set with additional training, seek out hiring services, and supplement your income between jobs with temporary or part-time opportunities. Hours of expert opinions have been gathered into this book from hiring managers, employment lawyers, and other experts in the field to help you know exactly what rights you have and what you can do to recover. If you have been laid off, fired, or unfairly terminated, this book will provide you with everything you need to minimize the stress and suffering of your situation and get back on your feet in no time.
Atlantic Publishing is a small, independent publishing company based in Ocala, Florida. Founded over twenty years ago in the company presidentâe(tm)s garage, Atlantic Publishing has grown to become a renowned resource for non-fiction books. Today, over 450 titles are in print covering subjects such as small business, healthy living, management, finance, careers, and real estate. Atlantic Publishing prides itself on producing award winning, high-quality manuals that give readers up-to-date, pertinent information, real-world examples, and case studies with expert advice. Every book has resources, contact information, and web sites of the products or companies discussed.
Avoid trouble before it starts by developing clear, specific policies—or updating the ones you already have. Smart Policies for Workplace Technologies provides a must-have resource for employers and HR managers to adopt effective rules for employee use of:
email social media, such as Twitter and Facebook instant messaging mobile devices, including cell phones and tablets, and company and personal blogs.
Packed with sample tech policies, practical advice, and real-world examples, the fifth edition covers the latest trends, including the vital role of information technology (IT) expertise in the workplace.
Built upon Mr. Kohn's extensive practical experience and his scholarly research and teaching, not only is the book an essential resource for study and analysis of whistleblowing issues, but it is also a step-by-step guide for conceptualizing and litigating them. Attorneys with specialties in a wide range of fields involving whistleblower law and related policy issues will find a thoughtful, comprehensive examination, and an immediately applicable courtroom aid. It will also be important for human resource executives, labor union officers and attorneys, government contractors, and recipients of government grants, university and government libraries, federal agency executives and specialists, public interest and good government organizations--and many others who have become fascinated by this relatively new, but long-time coming, branch of the law, how it developed, and how it is being applied today.
Every company should have an employee handbook to communicate with employees, manage workers effectively, ensure consistent treatment across the organization, and protect itself from lawsuits.
But creating a handbook from scratch can be daunting—and hiring a lawyer to draft one can easily cost thousands of dollars. That where Create Your Own Employee Handbook can help. It provides everything managers or HR professionals need to create an effective handbook—or update an existing one—all in plain English. Inside, you’ll find up to date legal information, practical suggestions, and policy language on:
wages and hours at-will employment time off discrimination and harassment email, social media, mobile devices, and other workplace technology drugs and alcohol complaints and investigations workplace privacy, and much more.
The 8th edition is completely updated to include state law changes affecting employer policies, such as meal and rest breaks; minimum wage laws (including rules for restaurant servers and other employees who receive cash tips); smoking in the workplace; drug and alcohol testing; discrimination; jury duty; family and medical leave; and much more. The 8th edition also covers the latest rules and practices for workplace technology (including employee posts on personal or business social media sites and use of employee-owned smart phones for work).
This book explains, in plain English, the 20 most important federal employment laws that come up in the workplace. You can look up what each law allows and prohibits, which businesses must comply, and how to fulfill record-keeping, posting, and reporting requirements. Each chapter covers one law, including:
Americans with Disabilities Act
Age Discrimination in Employment Act
Fair Labor Standards Act
Family and Medical Leave Act
Immigration Reform and Control Act
Fair Credit Reporting Act
Pregnancy Discrimination Act
Equal Pay Act
Title VII of the Civil Rights Act of 1964
Older Workers Benefit Protection Act, and
Uniformed Services Employment and Reemployment Rights Act.
The 5th edition is updated to reflect the latest Supreme Court cases, government regulations, and state laws. Every employer and HR professional should keep it close at hand.
Sexual harassment is one of the most problematic issues in the American workplace and one that has captured much media attention following a number of high-profile lawsuits and congressional hearings. This increased awareness, along with several landmark developments such as the availability of damages under the Civil Rights Act of 1991, has led to an astronomical rise in sexual harassment lawsuits. Yet, sexual harassment law is often still misunderstood, to the point that some federal appeals courts have characterized it as chaotic, and have asked for Supreme Court direction. This book fills the need for a comprehensive text that is also concise and simple, in contrast to the voluminous texts that cater primarily to litigating attorneys and tend to be unsuitable for other constituents, such as law and business professors and students, human resource managers, and risk management consultants.
Achampong's is the only work that devotes several chapters to landmark developments such as third-party and same-sex sexual harassment and the only one that goes beyond merely discussing workplace harassment prevention to discussing risk management of liability for sexual harassment. It also discusses esoteric rules that apply to federal sector sexual harassment complainants. The appendices provide guidelines on discrimination; excerpts from the Civil Rights Acts of 1964 and 1991; a discussion of landmark Supreme Court cases; excerpts from the EEOC Compliance Manual; and EEOC policy guidelines on current issues of sexual harassment.
The case studies in Working for Justice are all based on original field research on organizing campaigns among L.A. day laborers, garment workers, car wash workers, security officers, janitors, taxi drivers, hotel workers as well as the efforts of ethnically focused worker centers and immigrant rights organizations. The authors interviewed key organizers, gained access to primary documents, and conducted participant observation. Working for Justice is a valuable resource for sociologists and other scholars in the interdisciplinary field of labor studies, as well as for advocates and policymakers.
Mobsters, Unions, and Feds is the first book to document organized crime's exploitation of organized labor and the massive federal cleanup effort. A renowned criminologist who for twenty years has been assessing the government's attack on the Mafia, James B. Jacobs explains how Cosa Nostra families first gained a foothold in the labor movement, then consolidated their power through patronage, fraud, and violence and finally used this power to become part of the political and economic power structure of Twentieth century urban America.
Since FBI Director J. Edgar Hoover's death in 1972, federal law enforcement has aggressively investigated and prosecuted labor racketeers, as well as utilized the civil remedies provided for by the Racketeer Influenced and Corrupt Organization (RICO) statute to impose long-term court-supervised remedial trusteeships on mobbed-up unions. There have been some impressive victories, including substantial progress toward liberating the four most racketeer-ridden national unions from the grip of organized crime, but victory cannot yet be claimed.
The only book to investigate how the mob has exploited the American labor movement, Mobsters, Unions, and Feds is the most comprehensive study to date of how labor racketeering evolved and how the government has finally resolved to eradicate it.
The "labor question" became a burning issue during the Progressive Era because its solution seemed essential to the survival of American democracy itself. Beginning there, Lichtenstein takes us all the way to the organizing fever of contemporary Los Angeles, where the labor movement stands at the center of the effort to transform millions of new immigrants into alert citizen unionists. He offers an expansive survey of labor's upsurge during the 1930s, when the New Deal put a white, male version of industrial democracy at the heart of U.S. political culture. He debunks the myth of a postwar "management-labor accord" by showing that there was (at most) a limited, unstable truce.
Lichtenstein argues that the ideas that had once sustained solidarity and citizenship in the world of work underwent a radical transformation when the rights-centered social movements of the 1960s and 1970s captured the nation's moral imagination. The labor movement was therefore tragically unprepared for the years of Reagan and Clinton: although technological change and a new era of global economics battered the unions, their real failure was one of ideas and political will. Throughout, Lichtenstein argues that labor's most important function, in theory if not always in practice, has been the vitalization of a democratic ethos, at work and in the larger society. To the extent that the unions fuse their purpose with that impulse, they can once again become central to the fate of the republic. State of the Union is an incisive history that tells the story of one of America's defining aspirations.
This edition includes a new preface in which Lichtenstein engages with many of those who have offered commentary on State of the Union and evaluates the historical literature that has emerged in the decade since the book's initial publication. He also brings his narrative into the current moment with a final chapter, "Obama's America: Liberalism without Unions.?
Based on a vast array of sources from U.S., Jamaican, and English archives, as well as interviews, No Man's Land tells the history of the American "H2" program, the world's second oldest guestworker program. Since World War II, the H2 program has brought hundreds of thousands of mostly Jamaican men to the United States to do some of the nation's dirtiest and most dangerous farmwork for some of its biggest and most powerful agricultural corporations, companies that had the power to import and deport workers from abroad. Jamaican guestworkers occupied a no man's land between nations, protected neither by their home government nor by the United States. The workers complained, went on strike, and sued their employers in class action lawsuits, but their protests had little impact because they could be repatriated and replaced in a matter of hours.
No Man's Land puts Jamaican guestworkers' experiences in the context of the global history of this fast-growing and perilous form of labor migration.
Combining history, economics, and commonsense political wisdom, The Fight for Fifteen makes a deeply informed case for a national $15/hour minimum wage as the only practical solution to reversing America’s decades-long slide toward becoming a low-wage nation.
Drawing both on new scholarship and on his extensive practical experiences organizing workers and grappling with inequality across the United States, David Rolf, president of SEIU 775—which waged the successful Seattle campaign—offers an accessible explanation of “middle out” economics, an emerging popular economic theory that suggests that the origins of prosperity in capitalist economies lie with workers and consumers, not investors and employers.
A blueprint for a different and hopeful American future, The Fight for Fifteen offers concrete tools, ideas, and inspiration for anyone interested in real change in our lifetimes.
Relevant statutes, regulations, charts, tables, and forms complete the total system approach. Kentucky Workers' Compensation is updated on an annual basis, so you always have the most current information.
Dobbin shows how Congress and the courts merely endorsed programs devised by corporate personnel. He traces how the first measures were adopted by military contractors worried that the Kennedy administration would cancel their contracts if they didn't take "affirmative action" to end discrimination. These measures built on existing personnel programs, many designed to prevent bias against unionists. Dobbin follows the changes in the law as personnel experts invented one wave after another of equal opportunity programs. He examines how corporate personnel formalized hiring and promotion practices in the 1970s to eradicate bias by managers; how in the 1980s they answered Ronald Reagan's threat to end affirmative action by recasting their efforts as diversity-management programs; and how the growing presence of women in the newly named human resources profession has contributed to a focus on sexual harassment and work/life issues.
Inventing Equal Opportunity reveals how the personnel profession devised--and ultimately transformed--our understanding of discrimination.
• Article, “The Limits of Unbundled Legal Assistance: A Randomized Study in a Massachusetts District Court and Prospects for the Future,” by D. James Greiner, Cassandra Wolos Pattanayak, and Jonathan Hennessy
• Book Review, “Stochastic Constraint,” by Neal Kumar Katyal
• Note, “Counteracting the Bias: The Department of Labor’s Unique Opportunity to Combat Human Trafficking”
• Note, “Tilling the Vast Wasteland: The Case for Reviving Localism in Public Interest Obligations for Cable Television”
• Note, “Preemption as Purposivism’s Last Refuge”
• Note, “The Meaning(s) of ‘The People’ in the Constitution
• Note, “Indian Canon Originalism”
The issue includes In Memoriam contributions about the life, scholarship, and teaching of Roger Fisher. Contributors include Martha Minow, Robert Mnookin, and Bruce Patton.
• The Hiring Process;
• Wage and Hour Laws;
• Public Sector Employee Rights, Obligations and Protections; and
• Public Agency Rights, Obligations and Liabilities.
Within these main categories, many subjects are unique to the public sector, such as retirement, due process, conflicts of interest, free speech, contracting out governmental services, open meeting laws, political activities, and public safety employees. Other subjects, such as wage and hour law, leaves of absence, hiring, privacy rights, and various litigation issues, cover areas that affect both the public and private sectors. Although issues that apply to the private sector are covered, the emphasis in this book is on the unique issues that affect the public sector.
In Encountering Religion in the Workplace, Raymond F. Gregory presents specific cases that cast light on the legal ramifications of mixing religion and work-in the office, on the factory floor, even within religious organizations. Court cases arising under Title VII and the First Amendment must be closely studied, Gregory argues, if we are to fully understand the difficulties that arise for employers and employees alike when they become involved in workplace disputes involving religion, and his book is an ideal resource for anyone hoping to understand this issue.
The labor and civil rights movements are the cornerstones of the Democratic Party, but for much of the twentieth century these movements worked independently of one another. Paul Frymer argues that as Democrats passed separate legislation to promote labor rights and racial equality they split the issues of class and race into two sets of institutions, neither of which had enough authority to integrate the labor movement.
From this division, the courts became the leading enforcers of workplace civil rights, threatening unions with bankruptcy if they resisted integration. The courts' previously unappreciated power, however, was also a problem: in diversifying unions, judges and lawyers enfeebled them financially, thus democratizing through destruction. Sharply delineating the double-edged sword of state and legal power, Black and Blue chronicles an achievement that was as problematic as it was remarkable, and that demonstrates the deficiencies of race- and class-based understandings of labor, equality, and power in America.