Lewin G. I Joel - Every Employees Guide to the Law

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Copyright 1993, 1996 by Lewin G. Joel III

All rights reserved under International and Pan-American Copyright Conventions. Published in the United States by Pantheon Books, a division of Random House, Inc., NewYork, and simultaneously in Canada by Random House of Canada Limited, Toronto. Originally published by Pantheon Books, a division of Random House, Inc., New York, in 1993, subsequently revised in 1996, and published here in somewhat different form.

Library of Congress Cataloging-in-Publication Data
Joel, Lewin G.
Every employees guide to the law : what you need to know about your rights in the workplaceand what to do if they are violated / Lewin G. Joel III
p. cm.
1. Labor laws and legislationUnited StatesPopular works.
2. Employee rightsUnited StatesPopular works. I. Title.
KF3319.6.J64 2001 344.7301dc21 2001021501
eISBN: 978-0-307-77993-9

v3.1

D EDICATED
TO YOU
WHO WORK HARD FOR A LIVING

Contents

B EGINNING B EFORE THE B EGINNING

S O , H OW I MPORTANT I S K NOWING Y OUR R IGHTS ?

H OW TO U SE T HIS B OOK

J OB A DVERTISEMENTS : Limitations; bona fide occupational qualifications

P REEMPLOYMENT I NQUIRIES : What questions can (and cant) an employer ask on a job application? in an interview? Limits on background investigations

R EFERENCES /R ECOMMENDATIONS : When can an employer ask for references? When does a recommendation become an invasion of privacy? Slander? Or libel? Discrimination; blacklisting; negligent hiring

P REEMPLOYMENT T ESTS : What kinds of preemployment tests and physicals are allowed, and what kinds arent?

E MPLOYMENT V ERIFICATION (I-9 F ORMS ): Whose employment eligibility must be verified and how? Is it authorized employment eligibility verification or is it national origin discrimination?

A W ORD ABOUT E MPLOYMENT A GENCIES : How to use them and who has to pay

Summary

E MPLOYMENT AT W ILL : The freedom to quitor be fired; wrongful discharge: violations of the law, public policy and whistleblower laws, implied contract, employee handbooks as contracts, good faith; employment contracts; promotions and transfers; employment contracts

PROBATIONARY S TATUS : Additional rights when probationary period is up

S UMMARY

F AIR L ABOR S TANDARDS A CT : Coverage of employers; employees who are exempt from minimum wage and overtime laws

M INIMUM W AGE : State and federal minimum wage laws; tip and facility credits; Is docking pay legal?

O VERTIME : State and federal overtime laws; exempt employees; regular rate of pay; hours worked; meal and rest breaks; coffee breaks; Do I get paid for being on call, reporting in, or waiting to be given work to do? Travel time; comp. time

L IMITS ON H OURS OF W ORK : State and federal laws limiting hours of work in hazardous jobs

J URY D UTY , W ITNESS D UTY, AND V OTING T IME : Do employers have to give time off for jury duty, witness duty, and voting?

C HILD L ABOR L AWS : State and federal laws limiting types of jobs and hours of work for minors

P AYMENT OF W AGES : How and when wages must be paid (regular paydays, discharges and layoffs)

W ITHHOLDINGS AND D EDUCTIONS FROM W AGES : Which deductions are authorized and which are not? Proper (and improper) wage withholdings

C OURT -O RDERED J UDGMENTS A GAINST Y OUR W AGES : What part of my wages can a creditor (or ex-spouse) attach? Can I be disciplined or fired because my wages are attached?

S UMMARY

G ROUP H EALTH I NSURANCE : What kinds of insurance must be offered and how long can I stay on the insurance plan after Im discharged (COBRA)?

P AID D AYS O FF : Legal holidays; vacation pay, sick pay, personal days, severance pay, etc.; accruing paid time off; part-time employees

M ATERNITY AND P REGNANCY L EAVE : Pregnancy Discrimination Act; policies that may discriminate against men

F AMILY AND M EDICAL L EAVE : State and federal family and medical leave laws; eligibility; duration; job reinstatement

M ILITARY L EAVE : Time off to attend reserve meetings; reinstatement following active duty; health insurance

R ETIREMENT P LANS : Choice of plans; Who must be allowed to participate? Vesting; employee welfare plans

S UMMARY

C IVIL R IGHTS : State and federal civil rights laws; When is it discrimination (age, race, sex, religion, marital status, national origin)? And what can I do about it?

D ISCRIMINATION G ENERALLY : Types of discrimination (disparate treatment, adverse impact, perpetuating discrimination, statistical imbalance); accommodation

R ACE D ISCRIMINATION : Title VII of the Civil Rights Act of 1964; Title 42 of the U.S. Code, Section 1981

S EX D ISCRIMINATION : Sexual stereotyping; maternity and pregnancy; fetal protection policies; What is (and what isnt) sexual harassment? Sexual orientation discrimination

E QUAL P AY A CT : Equal pay for equal work; exceptions; comparable worth

H ANDICAP D ISCRIMINATION : Americans with Disabilities Act (ADA); state laws; Am I a qualified disabled person? When and how must an employer accommodate my handicap? AIDS as a disability

A GE D ISCRIMINATION : Age Discrimination in Employment Act (ADEA); making an age discrimination case

N ATIONAL O RIGIN (ETHNIC ) D ISCRIMINATION : Harassment; speak-English-only rules; height and weight requirements

R ELIGIOUS D ISCRIMINATION : Reasonable accommodation of religious practices

A FFIRMATIVE A CTION/REVERSE D ISCRIMINATION : Government contractors; private employers; affirmative action under fire

S UMMARY

A CCESS TO P ERSONNEL F ILES : What kinds of records can my employer keep? Confidentiality and employee access to records; Do I have the right to see (and make notes in) my file? Medical records

S EARCH AND S EIZURE : Legitimate expectation of privacy; reasonableness of search

S URVEILLANCE AND M ONITORING : To what extent can my employer legally eavesdrop on, record, or videotape my activities? union activities

L IE D ETECTOR (P OLYGRAPH ) T ESTING : Under what circumstances can I be asked to take one? What if I refuse?

D RUG AND A LCOHOL T ESTING : What are the requirements for legal drug testing? Government contractors; drug and alcohol abuse as protected handicap; Can I refuse to take a drug test?

AIDS T ESTING : Can I be tested? Americans with Disabilities Act

S UMMARY

O CCUPATIONAL S AFETY AND H EALTH A CT : Coverage and enforcement; state laws

S AFETY AND H EALTH S TANDARDS : Employers general duty to maintain a safe, healthy workplace; specific safety standards

W ORKING C ONDITIONS : Basic requirements; medical and first aid; fire prevention

OSHA I NSPECTIONS : Authority of inspectors to enter the workplace

A CCIDENT R EPORTS : Occupational safety and health laws; workers compensation laws

OSHA R EPORTING R EQUIREMENTS : Log and summary of injuries and illnesses; record of injury and illness; fatalities and hospitalization

K EEPING M EDICAL R ECORDS : What records must be kept and for how long

P OSTING R EQUIREMENTS : OSHA notices to employees

R IGHT-TO -K NOW L AWS IN G ENERAL : Workers right to information about toxic or cancer-causing agents and other dangerous substances in the workplace; fetal hazards

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