II. EMPLOYMENT AT-WILL AND EMPLOYEE HANDBOOKS
B. Are an Employee Handbook and an Ethics Policy Necessary?
A. Negligent Hiring and Retention
C. Advertising and Applications
1. Have Written Job Descriptions
4. Provide Examples of Permissible Questions
IV. EMPLOYEES VS. INDEPENDENT CONTRACTORS
B. Is a Worker an Employee or Independent Contractor
C. Treatment of Employees Versus Independent Contractors
D. Implications of Misclassifying Employees as Independent Contractors
E. Liability To Third Parties For Independent Contractors Vs. Employees
V. EXEMPT VS. NON-EXEMPT EMPLOYEES
A. Overview of Fair Labor Standards Act
B. Exempt vs. Non-Exempt Employees
VI. OTHER WAGE AND HOUR ISSUES
B. Overtime; Flexible Work Week
J. Work Performed Without the Employer's Knowledge
P. Payment of Wages; Deductions
Q. Record-Keeping Requirements
F. Other Types of Benefits; Domestic Partners
VIII. DRUG FREE WORKPLACE, DRUG AND ALCOHOL TESTING, SAFETY, SAFE MAIL HANDLING, AND SMOKING
1. Federal Drug Free Workplace Act
2 Federal Department of Transportation Rules for Drug and Alcohol Testing
B. Occupational Safety and Health
C. Workplace and Domestic Violence
D. Disclosure of Medical Records
F. Emergency Telephone Calls - Connecticut
X. PERFORMANCE EVALUATION AND PROGRESSIVE DISCIPLINE
A. Performance Evaluation System
B. Progressive Disciplinary Procedures
A. Accommodation of the Disabled
1. Coverage under Both the ADA and the FMLA.
2. Medical Inquiries and Records
3. "Undue Hardship" A Defense Only Under The ADA.
7. Impact of the FMLA and ADA on Workers' Compensation Practices
XII. PREVENTING UNLAWFUL HARASSMENT IN THE WORKPLACE
A. Establish a Policy Against Misconduct
C. Select and Monitor Supervisory Personnel Carefully
D. Consider a Non-fraternization Policy
E. Set Up Grievance Procedures
F. Conduct Effective Investigations
1. Scope of the Investigation-Having A Plan
3. Require Cooperation and Truthfulness in Investigations
5. Afford as Much "Due Process" as the Circumstances Warrant
G. Federal Fair Credit Reporting Act Implications on Sexual Harassment Investigations
XIII. DISCRIMINATION CHARGES AND EMPLOYMENT LITIGATION
XIV. RETALIATION AND WHISTLEBLOWING
B. New York, New York City, Westchester County and Connecticut Law
XVI. EMPLOYMENT PRACTICES LIABILITY INSURANCE
B. Intentional Acts Not Covered
XVIII. ENDING THE EMPLOYMENT RELATIONSHIP
B. Termination of the Individual Employee
C. Layoff or Reduction in Force
F. Separation Agreements and Release of Claims
C. Maintaining Employee Records and Files
APPENDICES
IMPORTANT NOTICE RE: APPENDICES
APPENDIX A
EMPLOYMENT PRACTICES AUDIT CHECKLIST
APPENDIX B
OUTLINE OF FEDERAL, NEW YORK, NEW YORK CITY, AND CONNECTICUT LAWS GOVERNING THE WORKPLACE
A. Age Discrimination in Employment Act ("ADEA")
B. Americans with Disabilities Act (the "ADA")
C. Civil Rights Act of 1964, Title VII
D. The Employee Retirement Income Security Act of 1974 ("ERISA")
F. Fair Labor Standards Act ("FLSA")
G. Family and Medical Leave Act ("FMLA")
H. Immigration Reform and Control Act ("IRCA")
I. Occupational Safety and Health Act ("OSHA")
J. Older Workers Benefit Protection Act ("OWBPA")
K. Other Laws Affecting Federal Contractors
A. The New York State Human Rights Law
B. New York State Labor Law Section 201 - Anti-Discrimination Statute
C. New York State Labor Law Section 740 - "Whistleblower" Statute
VI. DISTINCTIONS BETWEEN EMPLOYEES AND INDEPENDENT CONTRACTORS AND RELATED ISSUES
APPENDIX C
FEDERAL, NEW YORK, NEW YORK CITY, AND CONNECTICUT
POSTER REQUIREMENTS
APPENDIX D
FEDERAL, NEW YORK, NEW YORK CITY, WESTCHESTER COUNTY, AND
CONNECTICUT AGENCIES
APPENDIX E
CHECKLIST OF SUBJECTS FOR AN EMPLOYMENT MANUAL
APPENDIX F
MODEL INTRODUCTORY PROVISIONS AND EMPLOYEE ACKNOWLEDGEMENT FOE EMPLOYMENT MANUALS
APPENDIX G
SAMPLE ETHICS POLICY
APPENDIX H
OFFICE EQUIPMENT AND COMPUTER WORKSTATION
SECURITY AND USE GUIDELINES
APPENDIX I
PRE-EMPLOYMENT INQUIRY GUIDELINES
APPENDIX J
CHILD CARE CENTER EMPLOYMENT PRACTICES
I. NEW YORK STATE CHILD CARE CENTERS LOCATED OUTSIDE OF NEW YORK CITY
B. Applicant Screening Requirements
C. Employee Health Requirements
D. Employee Screening Requirements
II. DAY CARE SERVICES LOCATED IN NEW YORK CITY
B. Applicant Screening Requirements
C. Employee Health Requirements
D. Employee Screening Requirements
A. Applicant Screening Requirements
B. Employee Screening Requirements
APPENDIX K
MODEL EMPLOYMENT APPLICATION
APPENDIX L
SAMPLE OFFER LETTER
APPENDIX N
EXEMPT EMPLOYEE CHECKLIST
APPENDIX O
MODEL OVERTIME POLICY
APPENDIX P
MODEL DOMESTIC PARTNER POLICY
APPENDIX Q
SAMPLE SAFETY POLICY
APPENDIX R
VIDEO DISPLAY TERMINAL CHECKLIST
APPENDIX S
SAMPLE HAZARD COMMUNICATION PROGRAM
APPENDIX T
SAMPLE SMOKING POLICY
APPENDIX U
SMALL EMPLOYERS AND REASONABLE ACCOMMODATION
APPENDIX V
SAMPLE POLICY REGARDING
REASONABLE ACCOMMODATIONS FOR DISABLED EMPLOYEES
APPENDIX W
SAMPLE POLICY PROHIBITING HARASSMENT
APPENDIX X
MODEL GRIEVANCE PROCEDURE
APPENDIX Y
CHECKLIST FOR INVESTIGATION OF MISCONDUCT
APPENDIX Z
CHECKLIST FOR REVIEWING TERMINATION DECISIONS
APPENDIX AA
SAMPLE EMPLOYEE EXIT AGREEMENT - CONFIDENTIAL INFORMATION
APPENDIX BB
SAMPLE EMPLOYMENT SEPARATION AGREEMENT (INCLUDING WAIVER OF AGE DISCRIMINATION CLAIMS)
APPENDIX CC
SAMPLE INITIAL COBRA NOTICE (TO BE SENT AS SOON AS COVERAGE BECOMES EFFECTIVE)
APPENDIX DD
SAMPLE COBRA NOTIFICATION OF RIGHT TO ELECT CONTINUATION OF BENEFITS UNDER COBRA
APPENDIX EE
INDEX OF PERSONNEL RECORDS RETENTION REQUIREMENTS
I. COVERAGE UNDER THE NATIONAL LABOR RELATIONS ACT
III. EMPLOYER UNFAIR LABOR PRACTICES
IV. DETERMINATION OF SUPERVISORY STATUS
V. UNION UNFAIR LABOR PRACTICES
VII. NO SOLICITATION - NO DISTRIBUTION RULES
A. Use of Employer's Office Systems for Organizing
VIII. THE REQUEST FOR RECOGNITION
A. The Petition for Election and the Campaign
IX. PREPARING FOR NEGOTIATION AND NEGOTIATION WITH THE UNION
X. PROTECTED CONCERTED ACTIVITY IN THE NON-UNION CONTEXT
APPENDIX GG
DRUG TESTING POLICES
APPENDIX HH
HEALTH INSURANCE PORTABILITY AND ACCOUNTABLITY ACT (HIPAA)
APPENDIX
II
Model
Domestic Violence Employee Awareness and Assistance Policy for Private
Businesses