Complete Guide to Human Resources and the Law, 2011 Edition

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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 ...

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Overview

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 2010 Edition provides new and expanded coverage of issues such as:

• Discussion of the economic recovery measures under the Emergency Economic Stabilization Act of 2008, the Worker, Retiree and Employer Recovery Act of 2008, and the American Recovery and Reinvestment Act of 2009

• The PBGC flat-rate premium for single employer plans for 2009 is $34/participant

• The requirement of distributing Summary Annual Reports to participants and beneficiaries has been replaced by the requirement of issuing annual funding notices for most benefit plans; DOL issued a model notice and FAQs for implementing the requirement

• Courts continued to develop standards under Metropolitan Life Insurance v. Glenn, 128 S. Ct. 2343 (2008), for reviewing claims decisions made by decision-makers (such as plan sponsors and insurers) that have a conflict of interest because they are responsible for paying whatever claims are allowed

• The Children's Health Insurance Program Reauthorization Act of 2009, Pub. L. 111-3 (CHIPRA), intended to improve coordination between EGHPs and state Medicaid and SCHIP (coverage for uninsured children) plans, caused EGHP and cafeteria plans to be amended "Michelle’s Law," Pub. L. 110-381, requires EGHPs to extend coverage to employees' dependent children who are covered as post-secondary students if they have to interrupt their studies for health-related reasons

• More states allowed same-sex couples to marry or have legally related domestic partnerships or civil unions - with implications for work-related benefit plans that cover "spouses."

• The requirement of benefit parity between mental and physical illnesses was made permanent by EESA

• The HITECH Act (Health Information Technology for Economic and Clinical Health; part of ARRA) was enacted to strengthen the privacy and security rules under HIPAA, and to promote broader usage of electronic medical records. State Attorneys General now have the power to enforce HIPAA through suits in federal court.

• The Lilly Ledbetter Fair Pay Act (Pub. L. 111-2) was enacted. It increases the number of employment discrimination suits that can be brought by reversing the Supreme Court's decision that the timing rules for lawsuits begin when an allegedly discriminatory practice is adopted.

• The Supreme Court extended its string of pro-arbitration cases by ruling in 14 Penn Plaza LLC v. Pyett, 129 S. Ct. 1456 (4/1/09), that a collective bargaining agreement clause that clearly obligates union members to arbitrate ADEA claims is enforceable.

• The Supreme Court held that federal labor law preempts a California law that forbade employers that receive state contracts or other funding to discuss union matters with employees. As long as employers avoid coercion, federal law seeks to promote wide-open debate on labor issues: Chamber of Commerce v. Brown, 128 S. Ct. 2408 (2008).

• Another Supreme Court ruling discussed allows unions to charge non-members who pay agency fees in lieu of joining the union amounts representing certain expenses of national litigation: Locke

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Product Details

  • ISBN-13: 9780735591387
  • Publisher: Wolters Kluwer Law & Business
  • Publication date: 10/20/2010
  • Pages: 1584
  • Product dimensions: 7.00 (w) x 10.00 (h) x 2.30 (d)

Table of Contents


• SPECIAL SECTION: HEALTH CARE REFORM UNDER PPACA


• Employer Mandates
• Small Business Tax Credit
• Extended Coverage of Participants’ Children
• Retiree Issues
• Cafeteria Plans, HSAs, HRAs, and FSAs
• Wellness Programs
• Penalties for Failure to Offer Affordable Coverage
• The CLASS Act
• PPACA Effects on Employees
• Recordkeeping, Reporting, and Disclosure
• Health Insurance Exchanges and High-Risk Pools
• Timeline
• PPACA Resources
• The Future of PPACA
• Implementing Regulations


• 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
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