Complete Guide to Human Resources and the Law, 2012 Edition

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More About This Textbook


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 2012 Edition provides new and expanded coverage of issues such as:

Rule-making and guidance about the health care reform bill, the Patient Protection and Affordable Care Act (PPACA), in the context of ongoing efforts in Congress and the courts to repeal or modify it

Enactment of several federal statutes dealing with tax and financial matters, such as the Preservation of Access to Care for Medicare Beneficiaries and Pension Relief Act of 2010, Pub. L. 111-192 (PRA); the Small Business Jobs and Credit Act of 2010, Pub. L. 111-240 (SBJCA), and the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010, Pub. L. 111-312 (TRUIRJCA)

The Making Work Pay credit expired December 31, 2010, but TRUIRJCA takes a different approach to economic stimulus by cutting the employee's FICA rate to 4.2% for one year

The SEC published the "Say on Pay" rules required by the Dodd-Frank Act, so that shareholders have non-binding votes on issues such as management compensation and golden parachutes

In November 2010, the SEC issued a 181-page document to implement the Dodd-Frank Act's whistleblower program. Whistleblowers can receive between 10–30% of the fines and settlements resulting from the information they provide to the SEC if their information leads to penalties of over $1 million.

The Supreme Court ruled that verbal complaints to management about wage and hour issues are protected conduct under the Fair Labor Standards Act's anti-retaliation provision: Kasten v. St. Gobain Performance Plastics, 131 S. Ct. 1325 (2011)

The Supreme Court permitted use of the "cat's paw" theory of employment discrimination liability, so employers can be liable if an agent of the corporation intentionally causes an adverse employment action by influencing the direct decision-maker: Staub v. Proctor Hospital, 131 S. Ct. 1186 (2011)

"Association discrimination" is a valid Title VII cause of action. The Supreme Court held that the Title VII ban on retaliation extends to adverse employment actions taken to punish an associate of a person who made a discrimination complaint, such as a family member or other person within the "zone of interests" protected by Title VII: Thompson v. North American Stainless, 131 S. Ct. 863 (2011).

In a major decision on privacy issues, the Supreme Court unanimously upheld the federal government's background check procedure for workers employed by federal contractors, holding that the process is reasonably related to security needs, and inappropriate disclosures are controlled by the Privacy Act: NASA v. Nelson, 131 S. Ct. 746 (2011)

Another privacy development is the Supreme Court's ruling that a corporation does not have a right of "personal privacy" in the FOIA context: FCC v. AT&T, 131 S. Ct. 1177 (2011)

The Fifth Circuit, in a case of first impression, held that there is no USERRA cause of action for a hostile work environment: Carder v. Continental Airlines, No. 10-20105 (5th Cir. Mar. 22, 2011)

Starting in 2011, small employers (with an average of 100 or fewer employees) can offer Simple Cafeteria

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Product Details

Table of Contents


• 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


• 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


• 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


• 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


• 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


• 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


• Taxation of Nonqualified Plans
• Prohibited Transactions and Corrections


• 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


• Determination Letters
• Prototype and

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