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Don't Get Sued, Get Smart
A Small Business Pocket Guide to Avoiding Employment Law Landmines
Don't Get Sued, Get Smart
A Small Business Pocket Guide to Avoiding Employment Law Landmines
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Description
Small-business owners don't know what they don't know about employment law. And that's a problem. The majority of businesses in the United States are small businesses; they make up 99.3 percent of all firms, according to the U.S. Chamber of Commerce. Of those, 36 to 53 percent are sued each year because they unknowingly violate employment law.
HR compliance and employment law expert Diane Faulkner has witnessed many glaring mistakes by well-meaning small-business owners. She has seen how simple things like providing comp time rather than paying overtime or telling employees they can't talk about their wages can get an owner sued, not only by individuals, but by local, state, and federal government agencies. It's sad and oh-so-avoidable. In this handy guide, as a small business owner, you will learn where you can risk running afoul of the most commonly broken laws and how easily – and even innocently – this often happens. Then, learn what each law actually says and what your responsibilities are so you can avoid the legal landmines that lie ahead.
Table of Contents
Introduction
Part One: What You Need to Know Right Now
Chapter One: Title VII of the Civil Rights Act of 1964 (Title VII)
Chapter Two: National Labor Relations Act of 1938 (NLRA)
Chapter Three: Fair Labor Standards Act of 1938, Part I
Chapter Four: Fair Labor Standards Act of 1938, Part II
Chapter Five: Americans with Disabilities Act of 1960
Chapter Six: Age Discrimination in Employment Act of 1967
Chapter Seven: Pregnancy Discrimination Laws
Chapter Eight: Genetic Information Non-Discrimination Act of 2008 (GINA)
Part Two: Lifecycle of an Employee vs. an Independent Contractor
Chapter Nine: I Think I Need Help
Chapter Ten: How Do I Choose?
Chapter Eleven: Solidifying the Hire or Contract and Onboarding
Chapter Twelve: Managing People Problems and Performance
Chapter Thirteen: Discipline and Termination
Chapter Fourteen: A Final Word
Appendix 1: Job Posting Dos and Don'ts
Appendix 2: Federal Employment Laws Cheat Sheet
Appendix 3: Independent Contractor Agreement Template
Appendix 4: Affordable Legal Tech Tools for Small Business
Appendix 5: Employment Laws by Number of Employees
Appendix 6: When and How to Fill Out the I-9 Form
Appendix 7: When and How to Use E-Verify
Acknowledgments
Contact Information
Product details
| Published | 15 Oct 2026 |
|---|---|
| Format | Ebook (PDF) |
| Edition | 1st |
| Pages | 224 |
| ISBN | 9798216386674 |
| Imprint | Bloomsbury Academic |
| Publisher | Bloomsbury Publishing |
About the contributors
Reviews
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"Diane's book is perfect for small business owners-who often don't know what they don't know. Even HR professionals are sure to learn from this easy-to-read book!"
David Miklas, Law Office of David Miklas, P.A., Labor & Employment Law for Employers Only
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"In my HR consulting work, I've seen too many well-meaning small business owners suffer devastating financial consequences simply because they were ignorant of employment laws. Don't Get Sued, Get Smart brilliantly explains how to avoid the pitfalls that have crippled small businesses. It's a must-read for every small business owner I work with. It's like having an expensive HR consultant on speed dial."
Danielle M. Venderosa, SPHR, SHRM-SCP, Founder & President, HR Allies
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"Diane is my go-to for anything HR. She breaks down complicated topics clearly. She's sharp, and she knows how to protect business owners before things become a problem.
Diane knows the laws. She knows the industry... and she gives the kind of advice that helps you breathe easier because you know you're protected. Her new book will help small business owners rest easy."Zelda Greenberg, Co-Founder, Legacy Realty Group North Florida
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"In Don't Get Sued, Get Smart, Diane brings her passionate, deeply experienced HR background to small-business owners in a way that is both easy to understand and immediately useful. With decades of hands-on insight across industries, she breaks down the complexities of employment law with empathy, clarity, and a sharp eye for the details many owners overlook. Her knowledgeable, story-driven approach helps readers feel informed, not intimidated, so they can confidently navigate the laws that govern having employees. This book is a must-read for any business owner ready to protect their company, support their team, and get smarter about the rules that impact their success."
Tracey Phillips, REACH Success Systems, Inc., Founder and CEO
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"Diane's expertise is unmatched, and her quick guidance has spared my company and me countless hours of digging for answers. Time is money. Don't Get Sued, Get Smart is easily one of the most worthwhile investments of your time that you can make.” It is a great reference book to have when you need answers NOW."
Kim Stanley, LUTCF, CLTC, President, KSI Financial
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"Working with Diane for HR guidance has been truly invaluable. While we recognized the need for assistance, we did not fully appreciate the extent of that need until we began collaborating with her. We were approaching 50 employees. Diane's counsel was clear, precise, and consistently on point. Each time we believed our HR manual was complete, she identified areas requiring revision or updates. Her comprehensive understanding of employment law and her attentiveness to regulatory changes ensured that our policies remained accurate, current, and compliant.
Following her meticulous review, we felt confident that our handbook would withstand legal scrutiny and safeguard our organization from potential risks. We are deeply grateful to Diane for her expertise and dedication. Her new book will serve as a true safety net for all who rely upon it."Joani Maskell, Owner, Swimming Safari Swim School

























