Fight Back! at Work

Fight Back! at Work

by David Horowitz, Dana Shilling


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Know your rights on the job. Protect your family’s health and welfare with the book that shows you how to combat the job crunch and take action now!

We’re trapped in an economic environment where the price for national recovery is fewer jobs, lower pay, and radical belt-tightening for most. Learn your rights as a job applicant, worker, or former worker in the toughest job market in years. Famed TV commentator and award-winning consumer activist David Horowitz and legal rights specialist Dana Shilling give you all the information you need in the book that shows you how to fight back and take control.

• Compete—and thrive—in the changing workplace
• Protect your pension and benefits—including health care
• Fight employment discrimination and sexual harassment
• Take control of your retirement

Product Details

ISBN-13: 9780440506362
Publisher: Random House Publishing Group
Publication date: 04/02/1995
Pages: 256
Product dimensions: 5.50(w) x 8.50(h) x 0.50(d)

About the Author

David Horowitz is a writer, editor, and political commentator. He is the founder of the Los Angeles-based David Horowitz Freedom Center and published the magazine Heterodoxy. He is the co-author of Destructive Generation, the bestselling political biographies The Kennedys, The Rockefellers, and The Fords, and a memoir entitled Radical Son.

Table of Contents

1The New Profile of the Workplace5
Employee Priorities6
Who's Who in the Workplace?7
Bad News for New Graduates9
What to Do?9
Part-time and Temporary Workers10
Voluntary Part-timers12
Audition Jobs12
"Disposable Workers"13
Job Sharing and Flextime14
Independent Contractors15
Legal Implications of Temporary Work16
Will the Office Become Obsolete?17
2Before You're Hired18
Preparing for the Interview: Best Foot Forward or Resume Fraud?19
Making Interviews Productive20
Interview Questions: Legitimate and Otherwise21
Stress Interviews24
What Makes an Employment Test Valid?24
Truth in Hiring: The Employer's Obligation to the Applicant26
Clear Up Job Details27
3What You Earn: Salary30
FLSA Issues31
Minimum Wage Exceptions31
Exempt Employees33
The Equal Pay Act35
New Ways to Get Paid37
Off the Books38
4The Rest of the Iceberg: Pensions and Benefits39
Qualified, Schmalified40
The Role of Erisa41
Section 51044
Pension Protection44
Pension, Welfare45
Benefits and Contributions45
PBGC Problems46
Other Types of Plans47
Stock Bonus47
CODA (401(k))48
Nonprofit Plans49
Nondiscrimination Rules50
Minimum Participation Rules51
The Retirement Equity Act51
The Amazing Disappearing Pension53
GICs Can be Sticky55
Pension Procedures56
Miscellaneous Benefits57
Cafeteria Plans57
Flexible Spending Accounts57
Company Car58
Employee Discounts on Merchandise Made/Sold by Employer58
Home Office Expenses58
Outplacement Assistance58
Severance Pay59
RRA '9359
Who Gets What?60
Unmarried Partners61
Making Choices61
Fiduciary Obligations63
5Health Insurance: Significant Benefits, Significant Problems65
Understanding Your Coverage67
Health Insurance and Career Planning68
Practical Morality69
Health Insurance and ERISA70
Health Insurance and the ADA71
HIV, AIDS, and Health Insurance72
Confidentiality Issues75
6Work-Family Issues76
The Family and Medical Leave Act77
After the Leave79
Health Insurance and FMLA Leave80
New Family Members81
Sick Family Members82
Penalties and Litigation Factors82
Effective Date83
FMLA Effects83
Child Care: The Employer's Role84
Child Care and Taxes85
Family-Friendly Employers86
Elder Care and the Corporation87
Combining Dependent Care88
7Civil Rights at Work: Fighting Employment Discrimination90
Title VII92
Title VII Procedure93
Sue Who?95
Proving and Winning a Title VII Case96
The Arbitration Hurdle97
Kinds of Illegal Discrimination98
Racial Discrimination98
Sex Discrimination98
National Origin/Language Discrimination99
Religious Discrimination100
Civil Rights Act '91102
The Pregnancy Discrimination Act103
Health Plan104
Fetal Protection105
Sexual Harassment106
Work Environment107
Employer Obligations108
Equal Pay Act110
Three Decades of Stasis110
The ADEA111
Pensions, Benefits, and Older Workers112
RIFs and the Older Employee113
Timing of ADEA Claims114
Releasing a Claim114
Bringing an ADEA Claim115
Proving the ADEA Case116
The ADA117
Defining Disability118
HIV/AIDS as Handicaps119
Disability and Health Plans119
Who Is Qualified?120
Reasonable Accommodations121
ADA Cases122
Is It Working?122
After You Win122
8Privacy and Other Civil Rights Issues in the Workplace124
Privacy Rights124
Drug Testing125
Drug-Free Workplace Act126
Interstate Transportation127
Case Law127
EAPs and Confidentiality128
Lie Detectors129
Free Speech; Communications132
Occupational Safety and Health132
Employee Rights and Obligations135
General Duty Clause136
9Your Right to Organize: Unions and Labor Law138
The Right to Organize140
Union Certification142
Bargaining Unit144
Fair and Unfair Election Conduct145
Union Solicitation145
Union Security147
Union Representation148
Strikes, Walkouts, Lockouts148
Presidential Intervention150
Economic/Labor Practices151
Voter Status153
Strike Strategy Pros and Cons153
Who Elects the Union Power Structure?154
Grievances and Discipline154
Grievance Procedures155
Nonunion Workplaces155
Discriplinary Interviews156
The Right to Know157
Worker Ownership158
10The Terminators: Losing Your Job160
Wrongful Termination161
Corporate Transitions165
Successor Liability165
Collective Bargaining Agreements166
Pension Plans166
Decision and Effects Bargaining167
Labor Law and Bankruptcy169
Hanging On170
The WARN Act170
Plant Closings and Incentives173
After the Pink Slip174
Continuing Health Coverage175
Severance Pay176
Parachutes, Golden and Otherwise177
Tin Parachutes177
Unemployment Insurance178
Tax Funding178
Collecting Benefits179
The Check180
Duration of Benefits181
Voluntary Quits183
Suitable Work183
Workers' Compensation Effects184
Workers' Compensation184
Covered Events185
Four Categories187
Tax and Related Issues187
Claims Process188
Communications About Ex-employees190
11Retirement: What Are You Doing the Rest of Your Life?192
Retirement Timing193
Early Retirement Plans194
Early Retirement Trends195
Court Cases195
The Three-Legged Stool197
How Big Will Your Pension Be?198
Here Today, Gone Tomorrow199

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