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Maatman G: The Employment Law Manual

The Employment Law Manual

A Practical Guide for Business Owners, Managers, and Executives

Preface xiii Chapter 1 An Introduction to Workplace Law 1 Chapter 2 What Managerial Personnel Need to Know About the Law of the Workplace 5 A. The At- Will Employment Rule in Theory 5 B. The At- Will Employment Rule in Practice 7 C. Employment Contracts 7 D. Federal and State Employment Discrimination Laws 9 E. Common Law Doctrines Bearing Upon Employment 13 F. Personal Legal Liability of Management Personnel 16 G. Potential Criminal Law Exposure for Workplace Problems 16 H. Potential Legal Exposure from Employment- Related Lawsuits 18 I. Heightened Exposure for Attorney's Fees in Employment Litigation 19 Concluding Points 21 Chapter 3 Strategies for Effectuating Fair and Just Terminations 23 A. Legal Problems Issues in Terminating Older Employees 24 B. Compliance Issues in Offering Releases to Older Workers 25 C. Severance Obligations in the Termination Process 26 D. How to Effectuate Fair and Just Terminations and Avoid Charges of Discrimination 27 E. Negotiating Releases with Terminated Employees 36 Concluding Points 43 Chapter 4 Avoiding Sexual Harassment Problems in the Workplace 45 A. What Is Illegal Sexual Harassment? 46 B. The Difficulties in Defending Sexual Harassment Charges 51 C. Legal Exposure Stemming from Sexual Harassment 58 D. Strategies to Avoid Charges of Sexual Harassment 58 E. Staying Clear of the Sexual Harassment "Danger Zone" 65 Concluding Points 67 Chapter 5 Strategies for Effective Hiring 69 A. The Importance of Job Applications 70 B. Interviewing Dos and Don'ts 74 C. Best Practices in Interviewing 77 D. Issues with Testing of Applicants 80 E. Proper Documentation of the Employment Relationship 84 Concluding Comments 86 Chapter 6 Getting Employee Orientation and Education Right 87 A. The Role of Personnel Policies and the Essentials of Any Employee Handbook 87 B. Safeguarding Employee Loyalty 96 C. The Importance of Employee Orientation and Training 99 D. Dissemination of Personnel Policies and Employee Handbooks 100 Concluding Points 102 Chapter 7 Strategies for Handling Employee Evaluation and Disciplinary Matters 105 A. Employment Discrimination Problems in the Workplace 106 B. Practical Strategies to Avoid Employment Discrimination in the Workplace 111 C. How Plaintiffs' Attorneys Put Management Personnel on Trial to Prove Discrimination by Circumstantial Evidence (and What the Process Should Teach Supervisors About Employee Evaluation and Discipline) 114 D. Conducting Effective and Appropriate Performance Evaluations 116 E. Imposing Effective Disciplinary Measures Against Employees 121 Concluding Points 125 Chapter 8 Dealing with Serious Employee Problems and Problem Employees 127 A. Conducting Effective Investigations of Serious Employee Misconduct 128 B. Methods for Conducting Interviews 131 C. Issues with Polygraph Testing and Other Intrusive Investigatory Techniques 135 D. Workplace Privacy Concerns 137 E. Concluding the Workplace Investigation 139 Concluding Points 140 Chapter 9 Managing Workplace Issues Arising from Electronic Communications and Internet Access 143 A. Workplace Laws in Cyberspace 144 B. Risk Management of the Electronic Workplace 148 Concluding Points 150 Chapter 10 Dealing with Substance Abuse and Violence in the Workplace 151 A. Strategies for Managing Employees with Drug and Alcohol Abuse Problems 151 B. Proper Handling of Workplace Violence Situations 154 Concluding Points 156 Chapter 11 Strategies for Managing Nontraditional Employment Relationships: Contingent Workers, Telecommuters, and Independent Contractors 157 A. Risks of Co- employment Liability 159 B. Dealing with Nontraditional Employment Relationships 163 Concluding Points 165 Chapter 12 Additional U.S. Employment Laws That Management Personnel Should Know About 167 A. Wage and Hour Laws 167 B. Laws Regarding Unions 171 C. Immigration Laws 173 D. Family and Medical Leave of Absence Laws 174 E. Safety and Health Laws 175 F. Employee Benefits Laws and COBRA 176 G. Veterans' Rights Laws 178 H. Laws Impacting Mass Layoffs and Plant Closings 178 I. Affirmative Action Laws 179 J. Laws Regarding Employee Health Information 182 K. Workers' Compensation Laws 184 L. Unemployment Insurance Laws 185 Concluding Points 186 Chapter 13 Understanding the Keys to Proper Personnel Documentation 189 A. How Properly Maintained Documentation Can Assist in Employee Relations and Preventing Employment- Related Lawsuits 190 B. Avoiding Record- Keeping Hotspots 194 C. Document Retention Policies 196 Concluding Points 197 Chapter 14 What Employers Should Know About the Process of Defending Employment- Related Litigation 199 A. The Litigation Process 199 B. The Stages of a Lawsuit 203 C. Settling and Resolving Employment- Related Litigation 207 D. Workplace Arbitration 209 Concluding Points 213 Chapter 15 Employment Practices Liability Insurance 215 A. Why Most Business and Personal Insurance Does Not Apply to Employment Practices Liability Claims 216 B. The Nature of EPLI Coverage 218 Concluding Points 222 Chapter 16 Conclusion 223 Glossary of Employment Law Terms 225 Appendix 1: Pre- termination Checklist 237 Appendix 2: Exit Interview Form 241 Appendix 3: Checklist of Negotiating Items for Employee Releases 245 Appendix 4: Sample Release Form for Use with Employees Under the Age of 40 249 Appendix 5: Sample Release Form for Use with Employees Over the Age of 40 253 Appendix 6: A Guide for Employers on Conducting an Internal Investigation of an Employee's Complaint of Sexual Harassment 257 Appendix 7: Sample Offer Letter 267 Appendix 8: Sample Equal Employment Opportunity, Nondiscrimination, and Anti-Harassment Policy 269 Appendix 9: Sample ADA/Reasonable Accommodation Policy 275 Appendix 10: A Guide to Responding to an Employee's Request for a Reasonable Accommodation Under the Americans with Disabilities Act 279 Appendix 11: Sample Personnel Policy on Confidentiality 289 Appendix 12: Sample At- Will/Management Rights- Employee Acknowledgment Form 291 Appendix 13: Sample Employment Code of Conduct 293 Appendix 14: Sample Workplace Ethics Policy 303 Appendix 15: Sample Religious Accommodation Personnel Policy 305 Appendix 16: Sample FMLA Policy and Forms 307 Appendix 17: Sample Neutral Leave of Absence Policy 321 Appendix 18: Sample Open- Door Policy 323 Appendix 19: Sample Orientation Form 327 Appendix 20: Sample Disciplinary Policy and Guide for Managers on Imposing Discipline 329 Appendix 21: Sample Personnel Policy on Workplace Violence 335 Appendix 22: Independent Contractor Agreement 339 Appendix 23: Workplace Agreement to Mediate and Arbitrate All Employment Disputes 345 Acknowledgments 349 About the Author 351 Index 353

A guide to organizational transformation targeting the country's trillion-dollar stagnancy problem-the "frozen middle" of corporate America-and offering strategies to overcome bureaucratic setbacks that hinder innovation, profit, and fulfillment Corporate America has a trillion-dollar problem: the frozen middle-paralysis in the critical layer of management caught between high-level leadership's vision and frontline employees' execution. This paralysis causes even the most promising initiatives to stall out. It traps passionate managers in inertia and stymies senior leadership. And every year it's costing companies billions. As experts in organizational transformation, Jimmy Leppert and Justin Wasserman have spent their careers figuring out how to thaw the frozen middle. Their consulting firm, Empactful Advisors, has led major organizations-including Chevron, Merck, and the Department of Defense-to generate more than $5 billion in cost savings and revenue growth. The key to their success comes from aligning senior leadership and middle management, using empathy and practical frameworks to illuminate the blocks that both sides face, and showing how they can shift from utter disconnect to collaborative goal setting that helps all parties-as well as the company-hit their targets. In Thaw, Leppert and Wasserman share their field-tested methods for turning strategic goals into tangible outcomes. Along the way, they offer a road map for employees at all levels to learn how to move through the bottlenecks that hold their organizations back and facilitate meaningful change. Middle managers will be empowered to unlock stalled careers, and senior leaders will learn how to galvanize their workforce and achieve bold, accelerated change. In the age of AI, a playbook for improving-and celebrating-human contribution is more essential than ever. Sharp, confident, and timely, Thaw is poised to be the definitive book on ending organizational paralysis and unlocking true potential.

Unfreeze Middle Management to Unlock Strategy, Innovation, and Growth

Thaw

Levi's former CEO--who joined the company after a 28-year career at Procter &amp; Gamble, where dozens of his direct reports became CEOs of other companies--shares how to build great brands and ignite growth.Levi's was lost. For more than a decade, the company that changed how the world dressed had been stagnating--at one point near bankruptcy--as its iconic product, 501 jeans, faded into a nostalgic relic amid more-fashionable competitors.Fast-forward to today. Levi's are back and just about everywhere, from college campuses and concerts to workplaces and red carpets. Influencers style them. Taylor Swift sings about them, and Beyoncé and Post Malone's hit "Levii's Jeans" compares them to a lover's hug. To paraphrase British Vogue, the jeans beloved by James Dean, Marilyn Monroe, Bruce Springsteen, and Kurt Cobain, as well as presidents and protestors, are once again part of the culture, worn by style icons like Hailey Bieber and Kendall Jenner, as well as moms and dads.This is the inspiring, instructive story of Levi's resurgence, from the CEO who led it.Chip Bergh was a die-hard Levi's fan when he was tapped to be CEO thanks to his track record leading successful brands at P&amp;G. In this brisk narrative, he reveals the most consequential decisions and the six timeless tenets of what he coins "brand-driven leadership" that fueled Levi's revival: origin stories matter; the brand is the business; marketing is an investment, not an expense; be customer obsessed; control how the brand shows up; and play the long game.With rich storytelling and actionable insights, Bergh shows how universal leadership principles returned Levi's to relevance, as he surprises readers with fun facts about the history of the company that introduced denim jeans to the world.For any leader facing crucial strategic choices, and anyone who loves jeans, A Levi's Story is a compelling narrative and a vital resource to start, build, or revive brands and unlock growth.

Leading the Revival of an Iconic Brand

A Levi's Story

Are you ready to lead your team?Creating effective teams is pivotal for business success, yet it's a daunting task for many leaders. This toolkit focuses on the first 100 days of novice team leaders, offering practical guidance to lay strong foundations, navigate challenges, and adapt in today's dynamic environment. It emphasizes quick learning and adaptation for success.Andy Fryer and Anna Inama are seasoned business leaders and accomplished executive and team coaches. With over three decades of experience, they accompany you on your journey, combining practical leadership insights with a deep understanding of team dynamics so you can step into the world of team leadership with confidence.

A practical guide for new team leaders

Starting Fast

In a world where strategy can be copied and technology is increasingly accessible; culture has become one of the few remaining sources of competitive advantage. This means that senior HR and business professionals can no longer afford to leave culture to chance so need a credible, practical way to design it on purpose and refine it at speed. This book shows them how. Written specifically for these senior practitioners, this book shows how to do a cultural diagnosis so that HR and OD professionals can assess existing systems and processes as well as company values and employee behaviours. They are then equipped to identify cultural priorities and assess where efforts are best focused. This includes examining the organization's operating model, work design and recognition systems. With expert discussion of the importance of employee communication, employee engagement and belonging as well as the difference that purpose and trust at work make to company performance, this is essential reading for all those needing to design a company culture that will support performance improvement for individual employees and the business as a whole. Most importantly, this book shows how to constantly refine company culture at speed so that it can be a key driver of sustainable performance improvement. Packed with tools, templates and frameworks, this guide is an essential playbook for all senior HR and OD practitioners as well as business leaders responsible for company culture.

A Practical Guide for High-Performing Organizations

Culture by Design

Now in it's eighth edition, with this practical book understand measuring and improving employee performance in modern organizations. Armstrong's Handbook of Performance Management by bestselling author Michael Armstrong is a core textbook for students of human resource management, organizational behaviour and leadership. Suitable for undergraduate and postgraduate study, this new edition aligns with performance management, appraisal and reward courses, while reflecting the impact of AI, digital transformation and evolving workplace practices. The book covers the full performance management cycle, including goal setting, measurement, feedback, development and managing underperformance, alongside leadership, performance culture and reward systems. This textbook includes: - Real-world examples from Microsoft, HSBC and IBM to demonstrate how theory is applied in practice across modern organizations - Practical frameworks for performance planning, measurement and evaluation - Exercises and activities to support critical thinking and application - Guidance on feedback, coaching and managing underperformance - Online resources including lecture slides, instructor materials, glossary and literature review Whether studying HRM or preparing for a career in people management, Armstrong's Handbook of Performance Management equips students with the knowledge and skills to manage performance effectively in today's workplace.

An Evidence-Based Guide to Performance Leadership

Armstrong’s Handbook of Performance Management

Design AI-powered learning experiences that drive engagement, performance and measurable business impact. Learning Experience Design by Donald Clark is a strategic guide for senior learning professionals who need to modernize learning in an AI-driven world. As organizations adopt generative technologies, this book shows how to move beyond outdated course-led models and build adaptive, human-centred learning ecosystems. Focusing on the evolving role of the learning designer, this updated edition combines learning science, data insight and AI capability to help you design scalable, personalized and effective learning strategies. Drawing on research and real-world examples, it addresses the critical challenges of engagement, ethics and skills sustainability. You will learn how to: -Design AI-enabled learning experiences that adapt to learner needs - Use data, context and performance signals to personalize learning - Integrate simulations, games and workflow learning effectively - Employ ethical AI use and support sustainable skills development - Lead AI learning projects and embed learning into daily work This book equips you to lead the transformation of learning, delivering smarter, scalable and more impactful outcomes across your organization. Themes include: learning experience design, AI in learning, adaptive learning, workplace learning, learning strategy, performance support

How to Build Effective Learning in the Age of AI

Learning Experience Design

Project Management, Planning and Control: The Art and Discipline of Delivery, Ninth Edition is a comprehensive guide designed to equip the reader with essential principles and techniques for managing engineering and technical projects from start to finish. This ninth edition is a widely recommended handbook, now enhanced with fresh insights to meet the evolving needs of project management professionals. Featuring brand new case studies, this edition includes significant updates on governance, adjudication, Building Information Modeling (BIM), agile project management, culture and diversity, international projects, sustainability, artificial intelligence, and digital tools. Chapters are restructured with clearly titled sections organized by theme, improving clarity and usability. Ideal for those pursuing Project Management Professional (PMP) qualifications, this edition aligns with the latest Project Management Body of Knowledge (PMBOK) from both the Project Management Institute (PMI) and the Association of Project Management (APM). It also includes questions and answers to help readers test their understanding. This book is an indispensable resource for both students and seasoned professionals seeking to master project management.

The Art and Discipline of Delivery

Project Management, Planning and Control

This book gives extraordinary new insights into the legal, political and industrial strife in the UK of the early 1970s, focusing on the National Industrial Relations Court and how its independence came to be injured at a time of national crisis. Constitutional and employment lawyers, and indeed anyone interested in the history of the times, will not want to be without this deeply researched yet entertaining work. When the Heath Government came to power in 1970, it set up the National Industrial Relations Court to referee highly contentious disputes between unions and employers. Regarded with hostility by the labour movement from the start, the Court and its President, Sir John Donaldson, faced mounting suspicion, and were regularly front-page news. When Donaldson jailed five dockers in 1972 - the Pentonville Five - for defying the Court's orders, strikes erupted and the docks closed. With the country's food supplies dwindling, a state of emergency loomed. How had it come to this? Could a way through be found? This is a revelatory account of the National Industrial Relations Court's defining crisis, set in the context of a wider, and frequently startling, exposition of how Donaldson went about his role as its President. Peter Oldham KC combines decades of experience as a barrister with archival research to shine a bright new light on how and why the Court found itself doing - in Donaldson's own words - 'rather peculiar things'.

'Rather Peculiar Things'

Law and Politics at the National Industrial Relations Court 1970-75

Navigate US employment law with confidence and reduce legal risk using SHRM's best-selling practical guide for HR professionals, managers, employers, and business leaders. The SHRM Essential Guide to Employment Law is the definitive reference for HR professionals, business owners, and organizational leaders who are responsible for making informed employment decisions and maintaining workplace compliance. Covering more than 200 essential employment law topics, this fully updated third edition translates complex legal requirements into clear, practical guidance to navigate in today's rapidly evolving legal landscape. Developed in partnership with SHRM and written by Charles H. Fleischer, an experienced employment attorney, this authoritative guide combines trusted legal expertise with practical workplace application. Updated to reflect the latest US federal and state employment law developments, it provides clear explanations, real-world examples, and actionable advice to help organizations remain compliant, reduce legal risk, and know when specialist legal counsel is needed. You'll learn how to: - Navigate more than 200 employment law topics covering hiring, employment, discipline, termination, and workplace compliance - Apply the latest legal developments relating to AI in hiring, remote work, the Pregnant Workers Fairness Act, overtime regulations, employee classification, paid leave, taxation, and employer reporting obligations - Identify legal risks before they become costly disputes and make informed, compliant employment decisions - Interpret complex workplace legislation through practical guidance and real-world scenarios that support confident day-to-day HR management - Build legally compliant workplace practices that protect your organization while strengthening employer-employee relationships Whether you're leading an HR function, managing people, advising business leaders, or overseeing organizational compliance, this comprehensive SHRM guide provides the practical tools, legal insight, and trusted guidance needed to navigate changing employment legislation with confidence. An indispensable desk reference, it helps you make informed decisions, supports your workforce, and reduce legal risk in today's complex workplace. Themes include: employment law, HR compliance, workplace law, US employment law, employee relations, AI in hiring, remote work compliance, employment regulations, employee classification, overtime rules, paid leave, legal risk management, HR best practice, SHRM, employers, managers, small business

A Handbook for HR Professionals, Managers, Businesses, and Organizations

The SHRM Essential Guide to Employment Law

A Complete Guide to Employee Rights and Employer Responsibilities

Your Rights at Work

Stay fully compliant with California's fast-changing employment laws and reduce workplace risk with the official SHRM annual guide for employers, HR professionals, and employment law practitioners. California Employment Law 2027 is the latest annual edition of the bestselling compliance resource for HR managers, business owners, people leaders, supervisors, employment lawyers, and compliance professionals who need practical guidance on navigating California's complex and constantly evolving employment regulations. California remains one of the most legally challenging environments for employers, with employment laws that are extensive, highly technical, and frequently updated. Even minor compliance mistakes can lead to costly penalties, class action lawsuits, and significant litigation exposure. Written by labor and employment lawyer James J. McDonald, Jr., this official SHRM guide provides authoritative, practical advice to help employers both inside and outside California stay informed, compliant, and confident in their day-to-day employment decisions. You'll learn how to: - Stay compliant with new minimum pay thresholds and Equal Pay Act obligations - Navigate expanded leave rights, Paid Family Leave updates, and sick-leave requirements - Understand new restrictions on "stay or pay" employment contracts - Manage expanded pay-data reporting requirements and avoid mandatory penalties - Implement compliant employee data-handling, workplace communication, and recordkeeping practices Updated annually to reflect the latest legislative, regulatory, and workplace developments, this trusted guide translates complex employment law into clear, actionable guidance that employers, HR teams, and legal advisors can apply immediately. Whether you oversee HR compliance, manage a growing workforce, support multi-state operations, or advise leadership teams on workplace policy and legal risk, this book helps you strengthen compliance processes, reduce exposure, and make informed employment decisions with confidence. Themes include: California employment law, HR compliance, labor law, employment litigation risk, Equal Pay Act, leave management, pay-data reporting, workplace regulation, employer risk management, employment policy, SHRM

The SHRM Guide for Employers

California Employment Law 2027

The Employment Law Manual

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