Summary of “Employment Law for HR and Business Students” by Steven N. Kaplan (2017)

Summary of

Business Law and EthicsEmployment Law

Introduction

“Employment Law for HR and Business Students” by Steven N. Kaplan is a comprehensive guide that covers a wide range of topics in employment law, tailored specifically for HR professionals and business students. The book aims to equip readers with the knowledge and practical advice needed to navigate the complexities of employment law.

Chapter 1: Foundations of Employment Law

This chapter introduces the basic principles of employment law and the legal framework governing the employer-employee relationship.

Key Points:

  1. At-Will Employment: Employers can terminate employees at any time without cause, but there are numerous exceptions.

  2. Action: HR practitioners should always document performance issues and have a clear termination policy to avoid wrongful termination claims.

  3. Statutory Protections: Various laws protect employee rights, including the Fair Labor Standards Act (FLSA) and the Family and Medical Leave Act (FMLA).

  4. Action: Ensure payroll systems are compliant with FLSA requirements, and maintain adequate records to substantiate compliance.

  5. Employment Contracts: The importance of well-drafted employment contracts.

  6. Action: Review and update employment contracts regularly to reflect changes in laws and business needs.

Chapter 2: Recruitment and Hiring

Kaplan emphasizes the need for fair and lawful hiring practices.

Key Points:

  1. Non-Discriminatory Hiring: The Equal Employment Opportunity Commission (EEOC) guidelines prohibit discrimination against protected classes.

  2. Action: Implement structured interview processes and train hiring managers on unconscious bias.

  3. Job Descriptions: Clear job descriptions are essential for compliance with the Americans with Disabilities Act (ADA) and for managing employee expectations.

  4. Action: Regularly update job descriptions and conduct job analysis to ensure alignment with organizational needs and legal requirements.

Chapter 3: Employment Discrimination

This chapter covers the various forms of employment discrimination and the legal remedies available to employees.

Key Points:

  1. Harassment and Hostile Work Environment: Title VII of the Civil Rights Act of 1964 addresses workplace harassment.

  2. Action: Develop and enforce a robust anti-harassment policy, and ensure mandatory training for all employees.

  3. Reasonable Accommodation: Under the ADA, employers must provide reasonable accommodations to employees with disabilities.

  4. Action: Implement an interactive process for identifying and providing reasonable accommodations, and document each step of this process.

Chapter 4: Wage and Hour Laws

Kaplan outlines the importance of compliance with wage and hour laws to avoid costly penalties.

Key Points:

  1. Overtime Pay: Compliance with FLSA overtime regulations.

  2. Action: Audit employee classifications (exempt vs. non-exempt) to ensure compliance with overtime requirements.

  3. Minimum Wage: Adherence to federal and state minimum wage laws.

  4. Action: Regularly review and update payroll practices to comply with current minimum wage standards.

Chapter 5: Employee Benefits

This chapter reviews legally required employee benefits as well as optional benefits.

Key Points:

  1. Health Insurance: The impact of the Affordable Care Act (ACA) on employer-provided health insurance.

  2. Action: Ensure that health insurance offerings comply with ACA requirements and keep abreast of legislative changes.

  3. Retirement Plans: Regulations governed by the Employee Retirement Income Security Act (ERISA).

  4. Action: Conduct regular audits of retirement plan offerings to ensure compliance with ERISA standards.

Chapter 6: Workplace Safety

Kaplan emphasizes the importance of maintaining a safe work environment as required by the Occupational Safety and Health Administration (OSHA).

Key Points:

  1. Safety Policies: Implementation of workplace safety programs.

  2. Action: Develop and regularly review safety protocols, conduct training sessions, and carry out safety audits to ensure compliance with OSHA standards.

  3. Incident Reporting: Importance of adhering to OSHA reporting requirements.

  4. Action: Establish a system for the prompt reporting and investigation of workplace accidents and injuries.

Chapter 7: Employee Privacy

This chapter examines the balance between employer interests and employee privacy rights.

Key Points:

  1. Monitoring and Surveillance: Legal considerations for workplace monitoring.

  2. Action: Create explicit policies on workplace monitoring that comply with state and federal laws, and communicate these policies to employees.

  3. Handling Personal Data: Compliance with privacy laws related to employee data.

  4. Action: Implement data protection measures and train employees on the company’s data privacy policies.

Chapter 8: Termination of Employment

Termination procedures, whether voluntary or involuntary, require careful legal consideration.

Key Points:

  1. Constructive Discharge: Conditions that might lead to claims of constructive discharge.

  2. Action: Address employee complaints promptly and document efforts to resolve issues to mitigate the risk of constructive discharge claims.

  3. Severance Agreements: Components and enforceability of severance agreements.

  4. Action: Consult with legal counsel to draft severance agreements that include waivers of claims and adhere to enforceability standards.

Chapter 9: Labor Relations

Kaplan explores the rights of employees to organize and the legal framework governing labor relations.

Key Points:

  1. Unionization: Understanding the National Labor Relations Act (NLRA).

  2. Action: Train managers on what they can and cannot say/do during union organizing campaigns to avoid unfair labor practice charges.

  3. Collective Bargaining: Navigating the collective bargaining process.

  4. Action: Prepare thoroughly for collective bargaining negotiations by understanding both the employer’s and the union’s priorities.

Chapter 10: Emerging Issues in Employment Law

This final chapter looks at emerging trends and issues in employment law that HR professionals should be aware of.

Key Points:

  1. Gig Economy: The legal challenges posed by the gig economy and independent contractor classifications.

  2. Action: Review and adapt employment policies to address the legal complexities of hiring gig workers or independent contractors.

  3. Social Media: The implications of social media use in the workplace.

  4. Action: Develop a comprehensive social media policy that balances employee freedom of expression with the employer’s reputation management needs.

Conclusion

“Employment Law for HR and Business Students” by Steven N. Kaplan provides a valuable resource for understanding the multifaceted aspects of employment law. By addressing these areas comprehensively and recommending actionable steps, Kaplan ensures that HR professionals and business students are well-equipped to manage employment law issues effectively.

Actionable Summary:
– Document performance issues and maintain clear termination policies to mitigate wrongful termination claims.
– Implement structured, non-discriminatory hiring processes and regular updates of job descriptions for compliance.
– Develop robust anti-harassment and safety protocols, alongside proper training and documentation.
– Audit compliance with wage, overtime, and minimum wage laws, while also ensuring benefits and retirement plans meet regulatory standards.
– Establish clear policies on data privacy and workplace monitoring, and be well-prepared for collective bargaining efforts.
– Adapt employment policies to the nuances of the gig economy and manage the new challenges posed by social media in the workplace.

By following these practical steps, HR professionals can not only ensure legal compliance but also foster a fair, safe, and respectful work environment.

Business Law and EthicsEmployment Law