Jonathan Hyman - The Employer Bill of Rights: A Managers Guide to Workplace Law
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- Book:The Employer Bill of Rights: A Managers Guide to Workplace Law
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The Employer Bill of Rights: A Managers Guide to Workplace Law: summary, description and annotation
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Any employee can sue any employer at any time, and for just about any reason. There is no such thing as a bulletproof personnel decision. Its no wonder businesses fear lawsuits from employeesthey are costly in terms of time, money, and distraction.
But fear not. The Employer Bill of Rights: A Managers Guide to Workplace Law is a practical handbook designed to help managers and business owners navigate the ever-changing maze of labor and employment laws, rules, and regulations. Following its practical guidelines will help you deter most lawsuits and place you in the best possible position to defend those that ultimately are filed.
Your expert guide, employment attorney Jonathan T. Hyman, shows you how to assert your rights to protect your investment in people, operations, facilities, and other assetsall with any eye to maintaining a more productive, harmonious, and profitable workplace. In addition, The Employer Bill of Rights:
- Explains in practical and plain language the key legal issues that managers face on a daily basis in managing their employees.
- Describes how to make personnel decisions that will help you avoid costly litigation.
- Explains the who, what, why, when, where, and how of each of the major federal employment discrimination acts.
- Tackles cutting-edge human resources issues such as wage-and-hour disputes and managing social media in the workplace.
- Shows how to hire and fire employee without the fear of an expensive discrimination lawsuit.
- Describes how to control your operations by implementing legal policies and procedures related to plant shut downs, employee scheduling, work rules, and the maintenance of confidential, critical information.
- Proposes recordkeeping practices designed to support your decisions.
- Shows why you should follow the Golden Rule in all personnel matters with your employees.
No personnel decision or policy is litigation-proof, but The Employer Bill of Rights: A Managers Guide to Workplace Law will help you make informed decisions to hedge against and avoid the biggest blunders and errors that too often result in expensive and time-consuming lawsuits.
What youll learn- How to hire and fire employee without the fear of an expensive discrimination lawsuit.
- How to legally pay your employees under the complex and confusing regulatory scheme imposed by the Fair Labor Standards Act, in addition to legally granting or denying leave of absence requests.
- The who, what, why, when, where, and how of each of the major federal employment discrimination acts.
- The key provisions you need in your employee handbook, and how to draft them.
- How to maintain a bona fide open door to avoid problems with retaliation or union organizingas well as to promote an amicable workplace.
- How to control your operations by implementing legal policies and procedures related to plant shut downs, employee scheduling, work rules and policies, and the maintenance of confidential, critical information.
- Record keeping practices designed to support your decisions.
- Why it matters that you follow the Golden Rule in all personnel matters with your employees.
The Employer Bill of Rights: A Managers Guide to Workplace Law targets the owners of small to mid-size businesses and the managers that work in them. These businesses usually lack a dedicated in-house counsel responsible for, or knowledgeable in, labor and employment law. They often may also lack a human resources department. Without these internal resources, such businesses often shoot from the hip when making hiring, firing, pay, and other personnel decisions. Because of the intricacies and nuances of the ever-changing world of labor and employment law, these decisions can lead to costly mistakes. This book ensures that each personnel decision is made with the lawand the companys best interestsin mind.
Table of Contents- The Right to Hire on Qualifications and Fire on Performance
- The Right to Criticize to Improve Performance
- The Right to Control Operations
- The Right to Set Sane Work Rules
- The Right to Be Told When There Is a Problem
- The Right to Receive an Honest Days Work
- The Right to Have Our Say Before You Form a Union
- The Right to Reasonable Notice for Special Requests
- The Right to Confidentiality
- The Right to Be Treated With Respect
- Sample Forms
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The Employer Bill of Rights: A Managers Guide to Workplace Law
Copyright 2012 by Jonathan T. Hyman
All rights reserved. No part of this work may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording, or by any information storage or retrieval system, without the prior written permission of the copyright owner and the publisher.
ISBN-13 (pbk): 978-1-4302-4551-3
ISBN-13 (electronic): 978-1-4302-4552-0
Trademarked names may appear in this book. Rather than use a trademark symbol with every occurrence of a trademarked name, we use the names only in an editorial fashion and to the benefit of the trademark owner, with no intention of infringement of the trademark.
President and Publisher: Paul Manning
Acquisitions Editor: Jeff Olson
Developmental Editor: Robert Hutchinson
Editorial Board: Steve Anglin, Mark Beckner, Ewan Buckingham, Gary Cornell,
Louise Corrigan, Morgan Ertel, Jonathan Gennick, Jonathan Hassell, Robert
Hutchinson, Michelle Lowman, James Markham, Matthew Moodie, Jeff
Olson, Jeffrey Pepper, Douglas Pundick, Ben Renow-Clarke, Dominic
Shakeshaft, Gwenan Spearing, Matt Wade, Tom Welsh
Coordinating Editor: Rita Fernando
Copy Editor: Joanna Meekins
Compositor: Bytheway Publishing Services
Indexer: SPi Global
Cover Designer: Anna Ishchenko
Distributed to the book trade worldwide by Springer-Verlag New York, Inc., 233 Spring Street, 6th Floor, New York, NY 10013. Phone 1-800-SPRINGER, fax 201-348-4505, e-mail .
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The information in this book is distributed on an as is basis, without warranty. Although every precaution has been taken in the preparation of this work, neither the author(s) nor Apress shall have any liability to any person or entity with respect to any loss or damage caused or alleged to be caused directly or indirectly by the information contained in this work.
I dedicate this book to my family
my wife, Colleen, and my two children,
Norah and Donovan. Everything I do, I do for you.
Without your support, this book
would not have happened.
Jonathan Hyman is a partner in the Labor & Employment Group at Kohrman Jackson & Krantz in Cleveland, Ohio. On a daily basis, he puts 15 years experience to work providing proactive and result-driven solutions to employers workforce problems. Jon is the author of the nationally recognized and award-winning Ohio Employers Law Blog (www.ohioemployerlawblog.com). He also coauthored and edited the book Think Before You Click: Strategies for Managing Social Media in the Workplace. Jon serves as a frequent source for the local and national media on employment law issues, having been quoted in the Wall Street Journal, National Law Journal, Business Insurance Magazine, Crains Cleveland Business, and the Cleveland Plain Dealer. Jon is a sought-after speaker on myriad employment law topics, most recently presenting seminars on social media and employment law, the ADA, the FMLA, workplace technology, and harassment. Super Lawyers named Jon an Ohio Rising Star in the area of Employment Law five out of the last six years. He is a 1997 honors graduate of the Case Western Reserve University School of Law and a 1994 honors graduate of Binghamton University. Lastly, Jon appeared on a November 1999 episode of Who Wants to Be a Millionaire but, sadly, lacked the fastest fingers.
This book is the culmination of years of hard work and experience, which leaves many people to thank.
First, I must thank all of my partners at Kohrman Jackson & Krantz and, specifically, our managing partner, Marc Krantz, who knows that there exist many ways for a lawyer to market himself or herself. He never hesitated when I suggested that I author a legal blog or write a book (or two), and for his support I am eternally grateful.
Before attending law school, I worked at a few jobs that were less than glamorous. To all of the people who shared those jobs with me, thank you for unknowingly and unwittingly helping me craft my view of the modern workplace.
Thank you to anyone who has ever published anything I have written, quoted me in an article, hosted me on a show, invited me to speak at an event, re-tweeted one of my 140-character thoughts, or linked to my blog. Without each of you, this book would not have occurred.
I thank the wonderful publishing team at ApressRobert Hutchinson, Jeff Olson, and Rita Fernandoalong with the publisher itself. They made the writing process work smoothly, which was essential as I juggled the authoring of this book with my full-time legal practice. They also patiently put up with my less-than-perfect execution of their SharePoint site as we worked though the editorial process.
Thank you to my parents, who taught me the value of education without ever pushing too hard.
Finally, thank you to my familyColleen, Norah, and Donovan. You put up with my late-night and early-morning blogging and writing. You sometimes suffer in my absence caused by long workdays, late nights, or out-of-town trips. Yet, if I did not know that you are always standing behind me, none of it would be worth it. Thank you for loving me for who I am and supporting me for what I do.
I am not so naive as to think that businesses only fire people for good reasons. Companies fire people for lots of reasonsgood, indifferent, and unlawful reasons alike. In a perfect world, discrimination, retaliation, and harassment would not exist. But they do, and companies, even those with the best of intentions, run afoul of the complexities of our myriad employment laws. Every lawsuit, administrative charge, and internal complaint is an opportunity for a company to learn from a mistake, whether legal or interpersonal. It is an opportunity to train employers how to handle an employee relation problem better the next time.
In a perfect world, I would never get a call that a client has been sued. In a perfect world, companies would call me once a year to give their human resources practices a full review for compliance with the latest and greatest laws and court decisions. In a perfect world, companies would budget for proactive, preventative help and understand that a small amount of legal fees spent upfront would save a mess of headaches and a huge legal bill later.
Life, however, is far from perfect, and I often only receive calls after the summons arrives. While I love the thrill of the battle that litigation presents, it is the satisfaction I get from helping clients fix their problems so that they get it right the next time that motivates me to do my job every day.
This book explores the nature of the relationship between an employer and its employees. It is designed to serve as a comprehensive guide for business owners, human resources personnel, managers, and supervisors on the complex and confusing world of labor and employment law. It is not, however, a substitute for legal advice. Instead, it is a jumping-off point for your business to know where to start a conversation with your legal counsel when these issues arise. And while this book cannotand should notsubstitute for real-world legal advice, it will leave you more informed about the most important relationship people have besides that with their families, and, in many cases, Godthe relationship between a worker and the people for whom he or she works.
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