A manager's guide to employment law : how to protect your by Dana M. Muir

By Dana M. Muir

Managers in any respect degrees are consistently challenged to do extra with fewer staff, to encourage diversified teams of individuals, and to resist tricky humans difficulties of their workforces. a huge key to managers' good fortune is reaching those objectives whereas conserving themselves and their businesses from criminal legal responsibility. but a few in administration are inclined to blame criminal necessities for hindering development towards fixing difficulties. U.S. legislations, although, offers managers with huge discretion in lots of employment events and generally is helping make sure that managers practice their crucial features in a fashion that's essentially reasonable whereas nonetheless aiding corporation objectives.

A Manager's consultant to Employment Law can help managers make daily judgements on how top to control their staff and deal with problems with criminal legal responsibility. specialist writer Dana Muir identifies the sophisticated and pointless error managers make that reason criminal complications and indicates how turning into accustomed to simple rules of employment legislation will allow them to advance an inner compass to assist make the fitting judgements. each one bankruptcy specializes in felony options of vast software in trendy office, delivering genuine examples of difficulties managers face and supplying thoughts for addressing these problems.

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Extra resources for A manager's guide to employment law : how to protect your company and yourself

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Thus, Fact or Fallacy? item 1 is true. Before addressing those issues, it is useful to briefly outline the different types of tests used in employment decisions. Employment tests can be grouped into four broad categories: personality or attitudinal, cognitive or simulation, drug, and medical. Managers who want to screen out applicants who have poor attitudes, who might be violent, or who are particular risks for committing other security violations may be most interested in using personality tests.

Item 2, however, personality tests are not illegal in and of themselves. Privacy concerns are also associated with drug testing. As with personality tests, the relevant law applied to private em- Selecting Employees 43 ployers tends to be state or local law, and the law varies significantly from one state to another. No state that I know of, however, currently bans all preemployment drug testing. In fact, permitting some drug testing is consistent with the federal Drug-Free Workplace Act. That law does not require private employers to engage in drug testing, but it does require government contractors to make good faith efforts to ensure that their workplaces are drug-free.

Certainly some employees are fired, discriminated against in salary, 20 A Manager’s Guide to Employment Law or otherwise mistreated at work in ways that we all agree are and should be illegal. No one in this country suggests that children should be chained to machines and forced to work. Few managers would argue that the minimum wage laws should not be enforced against a competing company. However, enforcement of employment laws largely relies on claims by employees. Many employees, particularly the low-paid employees who might be most vulnerable to mistreatment, would not be able to afford the up-front costs of hiring a lawyer.

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