Complete Guide to Human Resources and the Law, 2013 Edition by Dana Shilling List Price: $219.00   Eligible for Free Standard Shipping on U.S. Prepaid Orders Imprint: Aspen Publishers ISBN: 9781454810261 Paperback: 1,500 pages Publication Cycle: Published annually Last Updated: 10/4/2012 Automatic Supplementation More Info. Available: Item ships in 3-5 Business Days

The Complete Guide to Human Resources and the Law will help you navigate complex and potentially costly Human Resources issues. You'll know what to do (and what not to do) to avoid costly mistakes or oversights, confront HR problems - legally and effectively - and understand the rules. The Complete Guide to Human Resources and the Law offers fast, dependable, plain English legal guidance for HR-related situations from ADA accommodation, diversity training, and privacy issues to hiring and termination, employee benefit plans, compensation, and recordkeeping. It brings you the most up-to-date information as well as practical tips and checklists in a well-organized, easy-to-use resource. The 2013 Edition provides new and expanded coverage of issues such as: At the very end of the term, a divided Supreme Court did not find the health care reform law unconstitutional and permitted it to go into effect Agencies continued issuing guidance on the ACA, and businesses continued to prepare, as various provisions come on line A 5-4 Supreme Court decision held that the states cannot be sued for money damages under the FMLA's "self-care" provision (leave taken for the employee's own illness rather than to care for a family member) The EEOC published a final rule on recordkeeping requirements under the Genetic Information Nondiscrimination Act (GINA), requiring retention of relevant personnel and employment records for at least one year, or until final disposition of any GINA charges filed Washington state and Maryland passed same-sex marriage statutes; a similar statute was passed in New Jersey but vetoed by the governor The Treasury proposed a rule under which Qualified Longevity Annuity Contracts (QLACs) would be a permissible planning measure The employee (but not the employer) share of FICA tax was reduced to 4.2% (thus making the rate for self-employed persons 10.4%) by the Temporary Payroll Tax Cut Continuation Act, and this was extended to the end of 2012 by the Middle Class Tax Relief and Job Creation Act of 2012 Late 2011's Veterans Opportunity to Work (VOW) to Hire Heroes Act, provides a new tax credit for hiring veterans; the credit can be as high as $9,600, for a veteran with service-related disabilities The Department of Labor published a final rule on the "408(b)(2) notice" - the disclosures that a plan's service providers must give to the plan's fiduciary, to demonstrate the reasonableness of the compensation paid from plan assets to the service providers And much more! View the Highlights for this title. 1. PAY PLANNING Decision Factors in Setting Compensation Benefits as an Element of Compensation Avoiding Discrimination Variable Pay Wage and Hour Issues Minimum Wage Determining Who Is an "Employee" Staffing Arrangements Size of the Contingent Workforce Co-Employers Applicable Tests Benefits for Contingent Workers Work Scheduling Overtime and Overtime Planning Vacations and Vacation Pay Garnishments and Deductions for Support Orders USERRA 2. TAX ASPECTS OF PAY PLANNING The Compensation Deduction Income Tax Withholding FUTA Tax Trust Fund Tax Compliance and the 100% Penalty W-2s and Other Tax Forms Tax Deposits Transition to Electronic Filing Bankruptcy Issues The Interaction Between §§409A and 415 3. BONUSES AND SEVERANCE PAY 4. BASIC PENSION CONCEPTS Extent of Coverage Effect of Demographics on Plans Investment Factors Defined Benefit/Defined Contribution Other Plan Types IRA/Qualified Plan Interface Incidental Benefits Structure of ERISA Required Provisions for All Qualified Plans Normal Retirement Age Normal Retirement Benefit Participation and Coverage Vesting Break-In-Service Rules Plan Limits Employee Contributions Plan Loans Employer's Deduction Reversions Forfeitures Discrimination Testing Leased Employees Communicating with Employees Fiduciary Duty Bankruptcy Effects Factors in Choosing a Plan Form 5. DEFINED BENEFIT PLANS Benefit Limits Benefit Forms for Defined Benefit Plans Mortality Tables Funding the Defined Benefit Plan Benefit Accruals Notices of Reduction of Benefit Accruals PBGC Compliance Reportable Events Special Rules for At-Risk Plans 6. DEFINED CONTRIBUTION AND 401(k) PLANS Defined Contribution Plans New Comparability Plans 401(k) Plans 401(k) Antidiscrimination Rules Distributions from the 401(k) Plan Administration of the 401(k) Plan Investment Advice for Participants 401(k) Plans Respond to the Economy 7. CASH BALANCE PLANS Cash Balance Plans: Pros and Cons "Whipsaw" and Financial Factors Case Law on Cash Balance Plans The Conversion Process December 2002 Regulations: Proposal and Withdrawal Cash Balance Plans Under the PPA and WRERA 8. NONQUALIFIED PLANS Taxation of Nonqualified Plans Prohibited Transactions and Corrections 9. EARLY RETIREMENT AND RETIREE HEALTH BENEFITS ADEA Issues of Early Retirement Incentives Disclosures to Employees EEOC Manual on Early Retirement Incentives ERISA Issues Phased Retirement Retiree Health Benefits: Introduction The Right to Alter or Terminate Retiree Health Benefits Tax Issues for Retiree Health Benefits MPDIMA and the Medicare Interface SOP 92-6 Reports Implications of the Employer's Bankruptcy 401(h) Plans 10. ADOPTING AND ADMINISTERING A PLAN Determination Letters Prototype and Master Plans Routine Tax Compliance ERISA Compliance Issues 11. COMMUNICATIONS WITH EMPLOYEES AND REGULATORS Summary Plan Description (SPD) Summary Annual Report (SAR)/Annual Funding Notice Individual Account Plan Disclosures Notices of Reduction of Benefit Accruals Other Notices and Disclosures Disclosure on Request Electronic Communications Disclosure of Documents to the DOL and PBGC Form 5500 12. PLAN DISTRIBUTIONS Cashout Lump Sums Anti-Alienation Rule QJSA/QOSA Payments Post-Death Payments The Required Beginning Date Divorce-Related Orders Reduction of Benefit Forms Rollovers Withholding Plan Loans as Deemed Distributions 13. PROCESSING AND REVIEWING CLAIMS AND APPEALS Third-Party Administrators (TPAs) Health Plan Claims HIPAA EDI Standards Case Law on Claims Glenn and the Standard of Review Case Law on Claims Procedural Issues 14. AMENDING A PLAN Flexibility Through Amendment Change in Plan Year Reduction in Forms of Distribution EGTRRA and PPA Conforming Amendments ERISA 204(h) Notice Amendments to a Bankrupt Sponsor's Plan Issues Highlighted by the IRS 15. ENFORCEMENT AND COMPLIANCE ISSUES FOR QUALIFIED PLANS Who Is a Fiduciary? Fiduciary Duties Duties of the Trustee The Employer's Role Investment Managers Duty to Disclose Penalties for Fiduciary Breach ERISA § 502 ERISA § 510 Other Enforcement Issues Liability of Co-Fiduciaries Bonding Indemnification Prohibited Transactions Payment of Plan Expenses Service Providers ERISA Litigation Correction Programs 16. EFFECT OF CORPORATE TRANSITIONS ON PENSION AND BENEFIT PLANS Choice of Form The Anticutback Rule Notice of Reduction of Benefits The Minimum Participation Rule In-Service Distributions and Rehiring Tax Issues The PBGC Early Warning Program Stock Options 17.PLAN TERMINATION Termination Types The PBGC's Role Involuntary Termination Plan Reversions Effect on Benefits Reporting and Compliance Payment of Expenses 18. EMPLOYEE GROUP HEALTH PLANS (EGHPs) The Health Care Landscape Benefits Mandates Dental Plans Prescription Drug Coverage Domestic Partner Benefits, Civil Unions, and Same-Sex Marriage Tax Issues in EGHPS Health-Based Discrimination Health Savings Accounts (HSAs) and Archer MSAs Medical Expense Reimbursement Plans Flexible Spending Accounts (FSAs) EGHP Structures Managed Care Employer Liability for HMO Actions Labor Law Issues in the EGHP Qualified Medical Child Support Orders (QMCSOs) The Employer's Right of Subrogation Defined Contributions, CDHP, and HRA Plans 19. HEALTH INSURANCE CONTINUATION AND PORTABILITY (COBRA AND HIPAA) COBRA Continuation Coverage COBRA and the FMLA COBRA Notice Health Insurance Portability 20. DISABILITY PLANS Employment-Based Plans State Mandates Compliance Issues Case Law on "Total Disability" Effect of Plan Amendments Claims Procedures and the Standard of Review After Glenn Appeals of Claim Denials 21. INSURANCE FRINGE BENEFITS Life Insurance Fringe Benefits Long-Term Care Insurance Plans 22. OTHER FRINGE BENEFITS Stock Options Cafeteria Plans Education Assistance Employee Assistance Programs (EAPs) Miscellaneous Fringes Voluntary Employee Benefit Associations (VEBAs) Fringe Benefit Plans: Tax Compliance ERISA Regulation of Welfare Benefit Plans 23. HIRING AND RECRUITMENT Productive Hiring Analyzing Job Requirements Recruitment Search Firms Job Applications Establishing Terms and Conditions Reference Checks Nondiscriminatory Hiring Pre-Employment Testing Immigration Issues ADA Compliance in Hiring Credit Reporting in the Hiring Process 24. RECORDKEEPING OSHA Records Title VII Recordkeeping and Notice Requirements FMLA Records Immigration Records Employment Tax Records Unemployment Insurance Records Record-Retention Requirements 25. CORPORATE COMMUNICATIONS Employment Contracts Employee Handbooks Work Rules Systems of Progressive Discipline Employee Evaluations Mandatory Predispute Arbitration Provisions Defamation Privileged Statements Duty to Communicate Responses to Reference Checks Negotiated Resignations Releases Sarbanes-Oxley Notices 26. PRIVACY ISSUES Polygraph Testing Drug Use in the Workplace Criminal Record and Credit Checks Genetic Testing Searches and Surveillance HIPAA Privacy Rules 27. THE ROLE OF THE COMPUTER IN HR Internet Research Recruiting Via the Internet Benefits Management Online Legal Implications of E-Mail and Social Networking Federal Rules on Digital Communications 28. WORK-FAMILY ISSUES Employer-Provided Day Care Breast Feeding in the Workplace Adoption Assistance Corporate Elder Care Activities The Corporate Elder Care Role Dependent Care Assistance Plans 29. DIVERSITY IN THE WORKPLACE The Glass Ceiling Diversity Training Diversity Audits English-Only Rules Promoting Diversity 30. LABOR LAW Sources of Labor Law Employee Status Elections, Certification, and Recognition The Appropriate Bargaining Unit Union Security The Collective Bargaining Process Elections After Certification Strikes The WARN Act Labor Law Issues of Shared Liability Employer Domination NLRB Jurisdiction Labor Law Implications of Bankruptcy Filings 31. OCCUPATIONAL SAFETY AND HEALTH OSHA Powers OSHA Regulations Controlling Physical Hazards Controlling Exposure to Hazardous Conditions Ergonomics Variances Division of Responsibility OSHA Enforcement OSHA Citations OSHA Appeals Abatement OSHA Consultation Voluntary Programs 32. UNEMPLOYMENT INSURANCE Eligibility for Benefits Calculation of Benefits Experience Rating Administration and Appeals FUTA Compliance 33. WORKER'S COMPENSATION Classification of Benefits WC Exclusivity Alternatives for Insuring WC Setting the WC Premium Ban on Retaliation Administration of WC WC in Relation to Other Systems Techniques for Lowering Comp Costs 34. TITLE VII Treatment/Impact Title VII Coverage Exceptions to Title VII Coverage Racial Discrimination Sex Discrimination Religious Discrimination and Reasonable Accommodation Retaliation 35. SEXUAL HARASSMENT The Employer's Burden Appropriate Employer Responses Hostile Work Environment Harassment Same-Sex Harassment Orientation and Perceived Orientation Wrongful Discharge Claims Damage Issues Liability of Individuals Interaction with Other Statutes 36. AMERICANS WITH DISABILITIES ACT (ADA) Reach and Range of ADA Title I Forbidden Discrimination Defining “Disability” Reasonable Accommodation Defenses "Regarded As" Liability Disability and the Benefit Plan Questions and Medical Tests Interaction with Other Statutes ADA Enforcement The ADA Prima Facie Case Damages Arbitration of ADA Claims 37. AGE DISCRIMINATION IN EMPLOYMENT ACT ADEA Exceptions Forbidden Practices Implications for BenefitPlans Health Benefits Proving the ADEA Case Waivers of ADEA Rights 38. THE FAMILY AND MEDICAL LEAVE ACT (FMLA) FMLA Eligibility Issues When Leave Is Available The Employer's Obligation Intermittent Leave Relating FMLA Leave to Other Leave Notifying the Employer Certification of Health Care Leave Disclosure to Employees Administrative Requirements FMLA Enforcement 39. WRONGFUL TERMINATION AND AT-WILL EMPLOYMENT Employee Tenure Promissory Estoppel Public Policy Preemption Arguments 40. ARBITRATION AND ADR Grievances and Discipline Mediation Arbitration vs. Litigation Labor Arbitration Arbitration of Employment Discrimination Claims Mandatory Predispute Arbitration Clauses Factors That Promote ADR Success 41. EEOC AND STATE ENFORCEMENT OF ANTIDISCRIMINATION LAWS EEOC ADR Title VII Enforcement EEOC Investigation ADEA Enforcement The Federal-State Relationship 42. DISCRIMINATION SUITS BY EMPLOYEES: PROCEDURAL ISSUES Causes of Action Statistics About Charges and Results Title VII Procedure Timing Requirements Class Actions The Discrimination Complaint Meeting Burdens Retaliation Charges Title VII Litigation ADEA Suits Title VII Remedies Settlement of a Discrimination Suit 43. INSURANCE COVERAGE FOR CLAIMS AGAINST THE EMPLOYER Commercial General Liability Occurrences and the Problem of Intention Employment Practices Liability Insurance Other Insurance Duty of the Insurance Contract Questions of Timing Fiduciary Liability Insurance Employment Law Answer Book, Seventh Edition Mark R. Filipp, James O. Castagnera Getting accurate answers to employment law questions is crucial to establishing sound personnel policies and procedures in today's litigious environment. That's why thousands of employers, HR managers, attorneys, and business owners rely on Employment Law Answer Book, Seventh Edition in order t more... Add to cart   |  Price: $355.00  |  ISBN: 9780735582033  |  Format: Hardcover  Imprint: Aspen Publishers  Employee Relations Law Journal Steven A. Meyerowitz For over 25 years, senior human resource executives, in-house counsel, and attorneys specializing in employment law have turned to Employee Relations Law Journal to find out what the law says, how the courts are ruling, and what to do to comply. Practicing professionals provide you with clear an more... Add to cart   |  Price: $499.00  |  PIN: 9900036000  |  Format: Paperback  Imprint: Aspen Publishers  Basic Labor and Employment Law for Paralegals, Second Edition Clyde E. Craig An effective teaching and learning text, Basic Labor and Employment Law for Paralegals covers all the essential elements in depth and breadth in a rational three part structure. “Introduction to Labor and Employment Law” examines the historical development  more... Add to cart   |  Price: $97.95  |  ISBN: 9780735507777  |  Format: Paperback  Imprint: Aspen Publishers  Safety Compliance Letter Safety Compliance Letter monitors and reports on the regulatory environment and provides up-to-date information in a concise and easy to-read format, with references and resources to get additional compliance help on particular topics. Each issue delivers critical need-to-know articles on late-b more... Add to cart   |  Price: $459.00  |  PIN: 9900003200  |  Format: Paperback  Imprint: Aspen Publishers  Employers Guide to Health Care Reform, 2012-2013 Edition Brian M. Pinheiro, Jean C. Hemphill, Clifford J. Schoner, Jonathan M. Calpas, Kurt R. Anderson Employer's Guide to Health Care Reform is the premier step-by-step practical guide for employers struggling to keep up with the rapid pace of changes affecting their health benefit plans. Specifically, it will help you: Grasp every implication of health care reform from the employer's perspec more... Add to cart   |  Price: $275.00  |  ISBN: 9781454810322  |  Format: Paperback  Imprint: Aspen Publishers  Privacy and Data Security Law Deskbook Lisa J. Sotto An essential compliance tool for every privacy officer and attorney involved in managing privacy and data security issues, Privacy and Data Security Law Deskbook provides the thorough, practical, sector-specific guidance that helps you meet today's challenges and minimize the risk of data breac more... Add to cart   |  Price: $395.00  |  ISBN: 9780735591103  |  Format: Looseleaf  Imprint: Aspen Publishers  Journal of Pension Benefits Ilene Ferenczy, Adam Pozek With its timely, informative articles focusing on the most critical happenings in the pension world, the Journal of Pension Benefits keeps you on top of the rules and ahead of trends…for all pension administration, design, funding, and compliance issues. Here's a sample of the coverage y more... Add to cart   |  Price: $349.00  |  PIN: SS10694064  |  Format: Paperback  Imprint: Aspen Publishers  American Payroll Association (APA) Basic Guide to Payroll, 2013 Revised Edition Joanne Mitchell-George, Delores Risteau Between the American Taxpayer Relief Act of 2012, a new Form I-9, active courts, and the IRS has been promulgating new regulations, it's more important than ever to be in compliance with payroll laws and regulations! How do you keep up with all the changes and stay in compliance to avoid penalties more... Add to cart   |  Price: $389.00  |  ISBN: 9781454825340  |  Format: Looseleaf  Imprint: Aspen Publishers  How the New 2013 Social Security Changes Affect You Joanne Mitchell-George How the New 2013 Social Security Changes Affect You is an easy - and inexpensive - way to make sure your HR and Payroll departments aren't inundated with time-consuming questions. Now, you can take a single, proactive step to ease employees' concerns, answer their questions, and help guarantee more... Add to cart   |  Price: $1.65  |  ISBN: 9781454808442  |  Format: Paperback  Imprint: Aspen Publishers  Mandated Benefits 2013 Compliance Guide The Balser Group Mandated Benefits Compliance Guide, 2013 Edition is a comprehensive and practical reference manual covering key federal regulatory issues that must be addressed by human resources managers, benefits specialists, and company executives in all industries. Mandated Benefits Compliance Guide i more... Add to cart   |  Price: $359.00  |  ISBN: 9781454810445  |  Format: Paperback  Imprint: Aspen Publishers  State by State Guide to Human Resources Law, 2013 Edition John F. Buckley, Ronald M. Green State by State Guide to Human Resources Law is the most comprehensive, authoritative guide to the employment laws of the 50 states and the District of Columbia. It is designed to provide quick access to each state's laws on the expanding number of issues and concerns facing business executives  more... Add to cart   |  Price: $365.00  |  ISBN: 9781454810636  |  Format: Paperback  Imprint: Aspen Publishers  Understanding the AMA Guides in Workers' Compensation Steven Babitsky, Esq., James J. Mangraviti, Jr. The American Medical Association's Guides to the Evaluation of Permanent Impairment (or AMA Guides ) is mandated for use in many workers' compensation systems. The AMA Guides are now in their sixth edition, and various states are using either the third, fourth, fifth, or sixth edition of the  more... Add to cart   |  Price: $375.00  |  ISBN: 9780735509399  |  Format: Looseleaf  Imprint: Aspen Publishers