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Your Rights in the Workplace »

Book cover image of Your Rights in the Workplace by Barbara Kate Repa

Authors: Barbara Kate Repa
ISBN-13: 9781413312102, ISBN-10: 1413312101
Format: Paperback
Publisher: NOLO
Date Published: June 2010
Edition: (Non-applicable)

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Author Biography: Barbara Kate Repa

Barbara Kate Repa is an attorney and expert on employment rights. She has been a guest on national radio and television including The Today Show, ABC News, NPR, CNBC, Court TV, KFI and KGO radio and has been quoted in a number of publications including The New York Times, The Wall Street Journal, The San Francisco Chronicle, USA Today and more. Author of Avoid Employee Lawsuits, Your Rights in the Workplace and Sexual Harassment on the Job, Ms. Repa is an author and editor at Nolo.com. She has 20 years of experience working as a legal journalist covering workplace issues, and more recently, as a consultant on workplace discrimination. She currently lives in San Francisco.

Book Synopsis

The most complete guide available to workplace laws, Your Rights in the Workplace is essential for every employee. In plain English, the handbook covers your rights on the job, from hiring and getting paid through privacy and firing. Learn everything you need to know about:

  • illegal firings and layoffs
  • challenging a job loss
  • wages and hours, including overtime & leave
  • privacy on your e-mail and voice mail
  • family and medical leave
  • on the job safety and health
  • health insurance and retirement plans
  • workplace testing
  • sexual harassment
  • sex, race and age discrimination
  • discrimination against workers with disabilities
  • unemployment, disability and workers' compensation insurance

The 6th edition of Your Rights in the Workplace has been completely updated to provide current state and federal laws and regulations.


About the Author

Barbara Kate Repa is an attorney and expert on employment rights. She has been a guest on national radio and television including The Today Show, ABC News, NPR, CNBC, Court TV, KFI and KGO radio and has been quoted in a number of publications including The New York Times, The Wall Street Journal, The San Francisco Chronicle, USA Today and more. Author of Avoid Employee Lawsuits, Your Rights in the Workplace and Sexual Harassment on the Job, Ms. Repa is an author and editor at Nolo. She has 20 years of experience working as a legal journalist covering workplace issues, and more recently, as a consultant on workplace discrimination. She currently lives in San Francisco.

U.S. News & World Report

Offers both a general and state-by-state guidance on how ... employees can protect themselves against illegal staff cuts and make the most of compensation programs if let go.

Table of Contents

1. Your Rights in the Workplace
Analyzing Your Options
Talking It Over With Your Employer
Documenting the Problem
Considering Legal Action

2. Wages and Hours
The Fair Labor Standards Act
Rights Under the FLSA
Calculating Your Pay
Calculating Workhours
State and Local Laws
State Minimum Wage Laws for Tipped and Regular Employees
Payroll Withholding and Deductions
Enforcing Your Right to Be Paid Fairly
Filing a Complaint or Lawsuit
Violations of State and Local Laws

3. Health Insurance
No Legal Right to Coverage
Coverage for Current Employees
Coverage for Former Employees
Individual Health Insurance
State Laws on Insurance Continuation
Utilization Review

4. Family and Medical Leave
The Family and Medical Leave Act
State Laws on Family Leave
The Pregnancy Discrimination Act
Work/Life Balance

5. Privacy Rights
Your Personnel Records
Workplace Testing
Surveillance and Monitoring
Searches and Seizures
Clothing and Grooming Codes
Conduct Codes

6. Health and Safety
The Occupational Safety and Health Act
Enforcing OSHA Rights
Criminal Actions for OSHA Violations
State and Local Health and Safety Laws
Tobacco Smoke in the Workplace
Pesticide Laws
Hazardous Substances Laws
Violence in the Workplace

7. Illegal Discrimination
Title VII of the Civil Rights Act
State Laws Prohibiting Discrimination in Employment
State and Local Anti-Discrimination Laws
The Equal Pay Act
The Age Discrimination in Employment Act
The Older Workers Benefit Protection Act
The Americans With Disabilities Act
Discrimination Against Workers WithHIV or AIDS
Discrimination Against Gay and Lesbian Workers

8. Sexual Harassment
The Effects of Sexual Harassment
Federal Law
State Laws
Taking Steps to End Sexual Harassment
Where to Get More Information

9. Losing or Leaving a Job
The Doctrine of Employment at Will
When a Firing May Be Illegal
Employees' Rights
Finding Out the Reason
Getting Documentation
Waiving Your Right to Sue
Taking Action Against Your Dismissal
Plant Closings

10. After a Job Loss
Your Final Paycheck
Severance Pay
State Laws That Control Final Paychecks
Getting References
Collecting Fringe Benefits
Outplacement Programs
Replacing Your Income
Agreements Not to Compete
Blacklisting

11. Unemployment
Who Is Covered
Being Disqualified for Benefits
Calculating Your Benefits
Filing a Claim
Appealing Benefit Decisions

12. Workers' Compensation
Who Is Covered
Conditions Covered
The Right to Medical Care
Filing a Workers' Compensation Claim
Calculating Benefits
State Workers' Compensation Offices
Related Lawsuits for Work Injuries

13. Social Security Disability Insurance
Who Is Covered
Disabilities Covered
Dependents Entitled to Benefits
Filing a Social Security Claim
Appealing a Denied Claim
Collecting Other Benefits

14. Retirement Plans
Social Security Retirement Benefits
Private Pensions
401(k) Deferred Compensation Plans

15. Labor Unions
Federal Laws
State Laws
The Bargaining Unit
Types of Union Work Situations
Union Elections
The Right to Unionize
The Right to De-Unionize
Where to Get More Help

16. Immigration Issues
Federal Law
Documentation Required to Work in the US
Illegal Discrimination
English-Only Rules

17. Lawyers and Legal Research
Mediation and Arbitration
Small Claims Court
Class Action Lawsuits
Hiring a Lawyer
Legal Research
Appendix
Resources
Advocacy, Generally
AIDS-HIV
Civil Rights
Disabled Workers
Discrimination
Gay and Lesbian
Immigration
Labor Departments
State Labor Departments
Legal Referrals
Mediation and Arbitration
Older Workers
Retirement Plans and Pensions
Safety and Health Issues
Unions
Women's Issues
Work/Life Issues
Index

Subjects