Employment Law for Human Resource Practice

Employment Law for Human Resource Practice

Language: English

Pages: 784

ISBN: 1305112121

Format: PDF / Kindle (mobi) / ePub

Packed with cutting-edge cases and hands-on applications, EMPLOYMENT LAW FOR HUMAN RESOURCE PRACTICE, 5TH EDITION explains the major issues and rules of employment law and how they apply to your human resource career. The text addresses human resource practices associated with each stage of the employment process--from hiring, to managing, to firing. Clippings of current news stories, hypothetical situations, and real cases help you understand how legal concepts apply to business situations, while practical advice for what to do as a manager is summarized at the end of each chapter. Covering the most important employment law topics, the text is completely up to date with the latest legislation, new regulations, and recent case law. It includes extended coverage of the rights of vulnerable employees under the Americans with Disabilities Act, racial discrimination, the use of background checks, the Family Medical Leave Act, and more.

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termination. Thus, employers are advised to have a policy requiring that job candidates provide complete and truthful information and specifying that the penalty for failing to do so will be either refusal to hire or termination if the falsification or omission is discovered post-hiring. As with any genuine policy, this policy needs to be consistently enforced and made known to job candidates. Cases involving after-acquired evidence show that there is another consequence to employee

Bureau (http://www.census.gov). Larry Swisher. “2006 Illegal Immigrant Population Estimated at 11.6 Million, Up 3.1 Million from 2000.” Daily Labor Report 171 (September 5, 2007), A-12. 3 Sam Roberts. “Study Foresees the Fall of an Immigration Record That Has Lasted a Century.” New York Times (February 12, 2008), A-11. 4 Roberts. 5 Julia Preston. “U.S. Immigrant Population Is Highest Since the 1920’s.” New York Times (November 29, 2007), A-15. 6 Swisher. 7 Jeffrey S. Passel. Estimates of the

employees.3 Thus, in Ohio, employers with between four and fourteen employees would fall under state law, but not federal law, whereas employers with fifteen or more employees would be subject to both federal law and state law. Only employers with fewer than four employees would not be subject to civil rights statutes. TABLE 1 .1 E M P L O Y M E N T S IZ E O F F I R M S ( 2 0 0 5 ) EMPLOYMENT SIZE (NO. OF EMPLOYEES) 0–4 5–9 10–19 20–99 100–499 500+ Total FIRMS (n) 3,677,879 1,050,062 629,946

called for interviews than were applicants with “black-sounding” names (e.g., Lakisha, Tamika), despite equal qualifications.5 Another study using a similar methodology found that job applicants with names common among Arab and South Asian persons were less likely to receive responses from temporary staffing agencies in California than were applicants whose names did not suggest these backgrounds.6 Survey data also suggest that the experience of discrimination is far from uncommon. A 2005 Gallup

relationship to compensable time under the FLSA. Chapter cases include Chao v. Gotham Registry (staffing agency’s responsibility for unauthorized overtime work) and Vehar v. Cole National Group (Equal Pay Act). Chapter 13: Two new cases are excerpted in this chapter. There is expanded coverage of the fiduciary duties of employers under ERISA, particularly with respect to the administration of defined contribution pension plans. The provisions of the Pension Protection Act of 2006 are outlined.

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