Page 7 - Castle Publications 2016 Seminar Series

CURRENT EDITION - OVER 430 SAMPLE POLICIES
NEW TENTh EDITION - COMPLETELY REVISED
EMPLOYEE HANDBOOK AND
EMPLOYMENT DISCRIMINATION AND EEO PRACTICE MANUAL
FOR CALIFORNIA EMPLOYERS
– tentH edition –
BY RICHARD J. SIMMONS, ATTORNEY WITH SHEPPARD, MULLIN, RICHTER & HAMPTON, L A
PERSONNEL POLICIES MANUAL
The first book of its kind.
A unique publication covering the full range of policies Included in personnel handbooks.
A complete, nontechnical guide to State and Federal employment discrimination laws.
An essential tool for every per- sonnel director, labor relations consultant, and EEO coordinator.
At last - a clear and understand- able manual that contains all the important information California employers need to make and implement important decisions
and to defend discrimination, disci- pline, and termination complaints.
– CURRent edition –
BY RICHARD J SIMMONS, ATTORNEY WITH SHEPPARD, MULLIN, RICHTER & HAMPTON, L A
A one-stop reference for personnel policies with guidelines on how to draft policies arid avoid common pitfalls.
EMPLOYEE HANDBOOK AND
oVeR 740 PAGeS Current Edition
Over 430 sample handbook provisions.
A one-stop desk reference showing requirements of laws applicable to California employers.
EMPLOYMENT DISCRIMINATION AND
An essential reference tool for every personnel director labor relations consultant. payroll manager, and EEO coordinator.
A manual showing how to comply with applicable laws and the costs of noncompliance.
A non-technical guide to laws and regulations applicable to handbooks and personnel policies.
oVeR 800 PAGeS
An indispensable resource for any labor relations library.
Sample Personnel Policies
Available On CD-ROM (PDF & Word) 10th Edition
EMPLOYEE hANDBOOK AND PERSONNEL POLICIES MANUAL - Table of Contents (partial listing)
Introduction
NEW - SAMPLE PERSONNEL POLICIES NOW ALSO AVAILABLE ON CD-ROM
General Scope
Advantages and Disadvantages of Handbooks Formal and Style of Handbooks
Essential Personnel Policies
Disclaimers Loose-Leaf Binders
Style, Tone, and Clarity of Handbooks
Timekeeping Practices
Daily Overtime
Weekly Overtime
Additional Overtime Obligations Hours Worked
Hours Worked Issue Benefit Rate
Grievance Steps
Levels of Authority
Designation of Substitutes
Time Constraints on Grievants
Written Grievances
Grievance Meetings vs Paper Grievances
State and Federal Requirements
Regular Rate of Pay
Holidays
Office and Work Schedules
Meal and Rest Periods
Meal Periods
Rest Periods
State Laws
Attendance at Lectures, Meetings, and
Introduction
Personal Leaves of Absence Bereavement Leave
Education Leave
Sabbatical Leave
Medical Leaves of Absence Work-Related Disability Leaves Pregnancy Leaves
Family Care Leaves
Layoff and Staff Reduction Policies
Overview
Applicable Labor Relations Laws Wage and Hour Laws
Fair Labor Standards Act
Other Federal Wage and Hour Laws State Wage and Hour Laws Employment Discrimination Laws
Performance, Discipline, and Grievances
Introduction
Formal vs. Informal Policies
Definition of Layoff
Circumstances (hat Give Rise to Layoffs Job Presentation Factors
handbook and Policies Checklists
Introduction
The Prohibition of Substance Abuse Drug-Free Workplace Act of 1988
Defense Contractors
Department of Transportation Regulations Other Federal Regulations
California Drug-Free Workplace Act of 1990 Drafting Considerations
Implications of Disability Discrimination
Scope of the Chapter
Subject Checklist
Legal Checklist
Checklist on Format and Style
Employee Benefits
Employee Classifications
Introduction.
E.R.I.S.A.
Coverage
Preemption
Reporting and Disclosure Drafting Considerations General Benefit Considerations Benefit Coverage
Types of Harassment
Solicitation and Distribution Rules Safety Rules
Language Requirements
Rules Governing Communication Skills English-Only Rules
Role of Evaluator
Handbook Provisions
Second-Tier Reviews
Generally
Common Classifications Types of Classifications Legal Restrictions Additional Classifications Probationary Employees Introductory Employees
Laws
Smoking in the Work Place
Compensation and Payroll Practices
Disability Benefits Sick Benefits
Pros and Cons
Contents Issues
Eligible Employee Classifications
Types of Matters and Disputes Covered
Generally
Exempt and Nonexempt Classifications Overtime Policies
Contract and Employer Policy Guide for Absenteeism Cash-Outs for Unused Benefits
Index
Training Programs
Reporting Time Pay (“Show-Up Pay”) Meal, Lodging, and TIp Credits Uniforms, Tools, and Equipment
Generally
Standards of Performance and Conduct Samples of Company Rules
Dress and Grooming Standards
Sexual and Other Prohibited
Safety, Efficiency, and Substance Abuse
Prorated Benefits
Long Term and Short Term
Grievance Procedures
Overview
Introductory and General Information Policies
Employee Acknowledgement Forms Application Form Statement Employment Classifications
EMPLOYMENT DISCRIMINATION AND EEO PRACTICE MANUAL FOR CALIFORNIA EMPLOYERS Table of Contents (partial listing)
Leaves of Absence
Sample Policies
Introduction
Sexual Preference and Sexual Orientation California Constitution
Medical Examinations
Mandatory Retirement
Early Retirement Incentive Programs Defenses and Permissible Conduct Enforcement and Remedies
Posting of ADEA Notice
Health Insurance for Older Workers Retirement Benefits
Waivers of Rights arid Claims OWBPA Rules
Procedural Rules and Charges
Jury Trials
Defenses, Burdens, and Remedies
General Scope
Interrelationship of State. arid Federal Laws FEHC Regulations
FEOC Regulations add Guidelines
Pregnancy Discrimination
Burdens of Proof and Production of Evidence Theories of Discrimination
Burden in Disparate Treatment Cases Burden fit Disparate Impact Claims
Coverage of Equal Employment Opportunity Laws
Title VII Restrictions
Medical Leaves of Absence
Accommodating Temporary Disabilities
Fringe Benefits. Sick Leave and Other Policies FEHA Restrictions
Leaves of Absence.
Transfers to Less Hazardous or Strenuous Positions
Educational Institutions
Defenses Remedies Jury Trials
Fair Employment and Housing Act
Title VII of the Civil Rights Act of 1964 California Equal Pay Law
Federal Equal Pay Act of 1963
Unruh and Ralph Civil Rights Acts
Age Discrimination in Employment Act of 1967 (“ADEA” ) Age. Discrimination Employment Act
Records and Posting
of 1975 and E.O. 11141
Rehabilitation Act of 1973
Americans with Disabilities Act of 1990 (“ADA”) Vietnam Era Veterans’ Readjustment
Sexual harassment
Disability Discrimination
Overview
Title VII Requirements FEHA Requirements AREA Requirements Federal Equal Pay Act California Equal Pay Law IRCA Requirements Other Requirements Record Retention Chart Reporting Requirements Posting Requirements
Assistance Act of 1974 (“Veterans’ Act’’) Executive Order 11246
Government Code Section 11135
National Labor Relations Act
Introduction
Conduct Constituting Harassment
The Types of Harassment Discrimination-Free Work Environment Standards Used to Review Conduct Measures to Prevent Harassment Damages and Other Remedies
Issues Concerning Confidentiality Constructive Discharge
The FEHA Provisions
Pre-Employment Inquiries
The Rehabilitation Act of 1973
The Americans with Disabilities Act of 1990 Covered Employers and Exemptions Covered Disabilities
Reasonable Accommodations
The Undue Hardship Limitation
Illegal Use of Drugs and Alcohol Abuse Smoking
Medical Examinations and Pre-Employment Inquiries Insurance and Benefits Defenses
Discrimination Based on Blindness Work-Related Injuries
Alcohol and Drug Rehabilitation Leaves Confidentiality of Medical Information
AIDS
Discipline and Termination of Employees
Civil Rights Act of 1866 (‘’Section 1981”)
Discipline Purposes and Limitations
Forms of Disciplinary Sanctions Documentation of Discipline and Progressive
Pre-Employment Practices and Conditions of Employment
Marital Status Discrimination
Generally
Advertisements and Recruiting Practices Pre-Employment Inquiries
Impermissible Inquiries
Permissible Inquiries
Post-Employment arid Defensible Inquiries Probationary and Introductory Periods
Employee Selection and Testing
Terms, Conditions and Privileges of Employment Pre-Employment Physicals and Medical Histories Drug and Alcohol Testing
Marital Status Policies that Affect Women Types of Discrimination
Application of Antinepotism Rules Conflicts of Interest and Hazards Marriage of Co-Employees
Discipline
Union Employees
Non-Union Employees Government Employees Additional Statutory Restrictions Defensive Practices
Sex Discrimination
Pre-Employment Practices
Theories of Discrimination
Employee Selection and Testing Procedures Harassment
National Origin Discrimination
Suspect Requirements Based on National Origin English-Only and Communication Skills Rules Garnishment of Wages
Dress and Grooming Rules
Protections of Title VII and the FEHA
Wage Discrimination
Strength and Agility Tests
Appearance, Grooming and Dress Standards Dangers to Health, Safety or Reproductive Functions
Complaint, Investigation, and Enforcement Procedures
Child Care Services BFOQ Exception Sexual Harassment Equal Pay Laws Comparable. Worth
Age Discrimination
FEHA Complaints
Right to Sue Letters
Exclusive Remedy Issues
FEHA Time Chart
Title VII Charges
Tolling Principles
Defense and Settlement of Charges
Appendices, Index
Fringe Benefits
Significance of Job Responsibilities and
Miscellaneous Obligations
Compulsory Use of Husband’s Name
Religious Discrimination
Inspection of Personnel Files
Polygraph Examinations
Voice Stress Analyzers and Wiretaps Recording of Confidential Communications Political Affiliations
Discipline Resulting from an Investigation Jury Duty and Witnesses
Employment Privileges
Retaliation
Whistleblower Protections
Workers’ Compensation
Discrimination Based on Race, Color, Ancestry and National Origin
Definition of Religion
Reasonable Accommodations
Availability for Weekend and Evening Work Dress and Grooming
Participation in Abortions
Religious Associations and Corporations
FEHA Restrictions
ADEA Restrictions
Termination and Disciplinary Actions
PERSONNEL POLICIES MANUAL
EEO PRACTICE MANUAL
FOR CALIFORNIA EMPLOYERS
RICHARD J. SIMMONS
RICHARD J. SIMMONS
ATTORNEY
ATTORNEY
CASTLE PUBLICATIONS, LIMITED
CASTLE PUBLICATIONS, LIMITED