Leonard D. Duboff - Employment Law (in Plain English)

Copyright 2021 by Leonard D. DuBoff, Kenneth A. Perea, Christopher Perea, and Lauren Barnes

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Published by Allworth Press, an imprint of Skyhorse Publishing, Inc. 307 West 36th Street, 11th Floor, New York, NY 10018. Allworth Press is a registered trademark of Skyhorse Publishing, Inc., a Delaware corporation.

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Cover design by Mary Belibasakis

Library of Congress Cataloging-in-Publication Data is available on file.

Print ISBN: 978-1-62153-767-0

eBook ISBN: 978-1-62153-768-7

Printed in the United States of America

Praise for Employment Law (in Plain English)

In Employment Law (in Plain English) Leonard and his coauthors apply their decades of experience practicing law along with Leonards background in teaching to help the reader grasp often difficult, yet important, concepts in law. After reading this book, you will walk away with a clearer understanding of the laws in which we operate and live with every day.

Doug Holt, CEO at the Biocybernaut Institute

Leonard DuBoff and his coauthors have written a book which addresses a wide range of employment-related issues in a style easily accessible to employers, attorneys, and layman alike. As a practicing Administrative Law Judge, his work assists me in understanding all matters presented in each hearing by each participant, employer, judge, and claimant, and I deem it essential in aiding me to promulgate fair and just decisions.

Courtney Paine Snider, State Appellate Administrative Law Judge

Employment Law (in Plain English) couldnt be more valuable to small businesses needing to focus on product to stay competitive. Leonard DuBoffs Law Group has been a reliable resource for my company for decades. Their advice is practical, knowledgeable, and incredibly useful.

Aimee Sunseri, Winemaker for New Clairvaux Vineyard and Nichelini Family Winery

With Leonard DuBoff, and his coauthors, you get more than an attorneys knowledge. They reveal the education of a lifetime. In reading Employment Law (In Plain English), you will have the greatest resource for any employer or employee. Think you already know employment law? Well, that is your first mistake. This book should be in every employer and employees library.

Nancy Stecher, business owner and employer since 2001

To my mother, Millicent, and my father, Rubin, who provided me with the gift of life and the desire to use that gift effectively. To my mother-in-law, Cumi Elena Crawford, for her faith, trust, and inspiration, and to my wife, Mary Ann, for her enduring love and continuing support.

Leonard D. DuBoff

To my loving parents, Kenneth and Parletta, for their unending support and love on my journey through life. To my partner in crime, Lauren Barnes, for her trust, inspiration, and the constant reminder that legalese is not, in fact, plain English.

Christopher Perea

To my mom and dad, Dot and Ed, and my father- and mother-in- law, Harold and Lois, members of the Greatest Generation, of whom I am eternally grateful and proud; to my wife, Parletta, whose love and strength make all things possible; and to our son, Chris, whose love, intelligence, and goodwill bring joy into our lives every day, this book is lovingly dedicated.

Kenneth A. Perea

To my father, Bill Barnes, for supporting me and encouraging me to accomplish whatever I set my mind to, regardless of the challenges faced. To my partner, Chris Perea, for his constant love and encouragement, as well as for the many debates and brainstorming sessions on the finer points of the law.

Lauren Barnes

Contents

Acknowledgments

In order to assemble the vast quantity of statutes, cases, articles, and books that are available in this field, it was necessary to enlist the aid of numerous friends and colleagues. Their help is greatly appreciated, and some deserve special recognition. I would, therefore, like to express my sincere thanks to my collaborator, Kenneth A. Perea, a prominent employment law arbitrator, for his extraordinary help with this book. He has sacrificed many evenings and weekends to bring this project to fruition.

We would also like to express our extreme gratitude to Lauren Barnes, Esq. and Christopher Perea, Esq., for the time they spent in reviewing the manuscript for this book, providing recommendations, and assisting us with writing numerous sections of this book. They too have sacrificed numerous days, nights, and weekends working on the manuscript.

I am also grateful for the skill that my college English professor Anne Louthan provided me at Hofstra University many years ago, which enabled me to write books such as this in plain English.

We are indebted to Tad Crawford of Skyhorse Publishing and his staff especially our two editors, Chamois Holschuh and Caroline Russomanno, for their help in publishing this volume. Thanks also to my paralegal Francesca Hurd for all of her assistance and numerous recommendations.

Christopher would like to thank his mother, Parletta, for reminding him that even great writers sometimes need help when it comes to spelling and punctuation. Christopher would also like to thank his coauthor Leonard DuBoff for the opportunity to work on and learn from this project.

Ken Perea acknowledges with gratitude and appreciation his colleague, Leonard D. DuBoff, whose legal insight, enhanced by many years of both teaching and practicing law, boundless energy, enthusiasm for each given day, and sharp intellect are both inspirational and a guiding light to all who have had the privilege of contributing to his book. While many fine lawyers may practice law and serve their clients well, counsel DuBoff, in the highest traditions of the legal profession, explains the law in plain and understandable language so that ordinary people may consult these pages, seek his wisdom, and preventatively avoid entanglement in the legal system.

Lauren would like to thank her father, Bill Barnes, and her brother, Connor Barnes, for not only supporting her throughout life, but also for challenging her to articulate her points clearly and to think critically. She would also like to thank her legal research and writing professor, Edward Harri, for the countless hours spent mentoring her to become not only a better writer, but also a better lawyer and person.

We are very grateful for the blurbs written by Aimee Sunseri, one of the most prominent winemakers in California while serving as winemaker for New Claivaux Vineyard and Nichelini Family Winery. We are also grateful for the endorsement from Courtney Paine, a respected State Appellate Administrate Law Judge who specializes in employment law cases. She is kind enough to acknowledge that she will rely on this book for many of her important decisions. We are also extremely pleased for the very complimentary blurb written by Doug Holt, CEO of Biocybernaut Institute. Mr. Holts recognition of this book, given his prominence and the prominence of his international company, is truly flattering. The Biocybernaut US office is in Sedona, Arizona, and the company also has offices in Canada and Germany. Finally, we are also indebted to Nancy Stetcher for recommending this book to both Employers and Employees. Ms. Stetcher has operated one of the countrys leading childcare centers in several locations in Oregon..