The Manager's Guide to HR: Hiring, Firing, Performance Evaluations, Documentation, Benefits, and Everything Else You Need to Know [NOOK Book]


Just when you think you've got the whole management thing down - your employees are getting the job done, your projects are on schedule and below budget - comes word that you need to double as an HR expert. In a workplace landscape that grows more legal-minded every day, your company has got to protect itself from the repercussions of poor decisions, inconsistent policy, and just plain ignorance.
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The Manager's Guide to HR: Hiring, Firing, Performance Evaluations, Documentation, Benefits, and Everything Else You Need to Know

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Just when you think you've got the whole management thing down - your employees are getting the job done, your projects are on schedule and below budget - comes word that you need to double as an HR expert. In a workplace landscape that grows more legal-minded every day, your company has got to protect itself from the repercussions of poor decisions, inconsistent policy, and just plain ignorance.
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Editorial Reviews

From the Publisher

"The book is ideal for workplace leaders and managers at companies of all employee sizes." --Eric Jacobson on Management and Leadership

“This book is a desktop must-have. It shows you what you need to know about hiring, firing, evaluation, documentation, and benefits…” --Big Ideas for Small Business

"…not only balanced and authoritative, but it is also concise and clearly organized — a valuable manual for HR directors and personnel in any organization." --Soundview Executive Book Summaries

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Product Details

  • ISBN-13: 9780814412718
  • Publisher: AMACOM
  • Publication date: 1/14/2009
  • Sold by: Barnes & Noble
  • Format: eBook
  • File size: 3 MB

Meet the Author

MAX MULLER is an attorney who has specialized in human resources law for more than 30 years. He has presented thousands of human resources seminars for premier organizations including the American Management Association.

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Read an Excerpt


When I wrote the first edition of The Manager's Guide to HR, my objective was to present, in accessible language, key legal information managers need to know in order to treat their direct reports in an equitable and legal manner.

The success of the first edition suggests I achieved my objective; however, the law is organic. It expands, contracts, morphs, and often goes off in surprising directions. And so, this second edition continues to take you down the path laid down by the first edition and lights the way to the future with revised, new, and expanded information. Among other things, Chapter 1, "Hiring," now includes:

Information related to how employers are using social media sites (e.g., LinkedIn) in their recruitment efforts

The definition of an "Internet Applicant" under the guidelines of the Office of Federal Contract Compliance Programs (OFCCP)

In Chapter 6, "Employment Laws," information related to the Americans with Disabilities Act has been revised and updated, and the Equal Employment Opportunity Commission's (EEOC) Guidance regarding the use of criminal background check information has been added.

Information on the EEOC's Americans with Disabilities Act "interactive process"

The United States Citizenship and Immigration Services (USCIS) checklist titled "Common Mistakes Every Employer Needs to Avoid," related to Form I-9

In Chapter 2, "Performance Evaluations," a section dealing with common rating errors made by reviewers has been added. Also, the section titled "Employee Self-Review" has been rewritten.

A significant amount of material related to cross-training has been added to Chapter 3, "Training."

Amendments to the Family and Medical Leave Act (FMLA) went into effect after the first edition of this book was published. Consequently, Chapter 4, "Benefits," has been revised and updated accordingly. In addition, sections have been added related to the Employee Retirement Income Security Act (ERISA), a federal law that sets minimum standards for pension plans in private industry, and the Uniformed Services Employment and Reemployment Rights Act (USERRA), a federal law that establishes rights and responsibilities for uniformed service members and their civilian employers.

Important changes have been made to Chapter 5, "Compensation," including:

Bringing information into alignment and conformity with the Department of Labor (DOL)'s Final Rule dealing with (1) the fluctuating workweek method of calculating overtime, and (2) tip pooling and tip credits

Introduction of the Patient Protection and Affordable Care Act (PPACA)'s break time requirements for nursing mothers

A discussion of the differences between the Internal Revenue Service (IRS)'s "common law" view of who qualifies as being an independent contractor vs. the "ABC Test" of who an independent contractor is as followed by some 23 states for state unemployment tax purposes

Expansion of material related to the DOL's views regarding rounding related to early clock-in

Inclusion of a discussion related to misclassification of who is or is not exempt from the overtime provisions of the Fair Labor Standards Act (FLSA) and, significantly, how to conduct an internal classification audit

In Chapter 8, "Privacy Issues," a new subsection dealing with the use of the Internet in undertaking background checks has been added, as has a major section dealing with the National Labor Relations Act (NLRA) and employer social media and other Internet policies.

Information has been added to Chapter 10, "Documentation and Records Retention," relating to the EEOC's Final Rule extending the existing recordkeeping requirements under Title VII and the ADA to entities covered by Title II of the Genetic Information Nondiscrimination Act (GINA).

That's it. Enjoy.

Max Muller

Excerpted from THE MANAGER’S GUIDE TO HR, Second Edition, by Max Muller. Copyright © 2013 by Max Muller. Published by AMACOM Books, a division of American Management Association, New York, NY. Used with permission. All rights reserved.

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Table of Contents

Chapter 1 Hiring 1


Defining the Job

Writing the Job Description



Verifying Employment Eligibility

Chapter 2 Performance Evaluations 35


The Job Description

Employee Self-Review

Structured Performance Reviews and Discrimination

Chapter 3 Training 41




Sexual Harassment

Trainig Records

Chapter 4 Benefits 51

Introduction: The Family and Medical Leave Act

Covered Entities

The Twelve-Month Period


Scheduling the Leave

The Workweek

Employee Eligibility

Eligible Reasons for Leave

Unpaid Nature of Leave

Maintaining Health Benefits

Serious Health Conditions

Health-Care Provider

Key Employees

Consolidated Omnibus Budget Reconciliation Act of 1985

Health Insurance Portability and Accountability Act of 1996-Preexisting Conditions

Chapter 5 Compensation: The Fair Labor Standards Act 87


Minimum Wage and Overtime

Compensable Hours

Equal Pay for Men and Women (Equal Pay Act)

Child Labor


Benefits and Payroll Practices Not Covered by the FLSA

Exempt vs. Nonexempt Status Under the FLSA

Wage and Hour Violations

Chapter 6 Employment Laws 117


Key Federal Employment Laws

Prohibited Acts

Enforcement Mechanisms

Proof of Discrimination

Title VII Remedies

Federally Protected Classes

State and Local Protected Classes

Chapter 7 Hot-Button Issues: Sexual Harassment and Workplace Violence 165

Sexual Harassment: Introduction

Sexual Harassment Defined

The Ellerth/Faragher Defense

The Investigation

Workplace Violence

Chapter 8 Privacy Issues 201



Medical Information During the Hiring Process

Monitoring Employees in the Workplace

Invasion of Privacy

Defamation, Libel, and Slander

Intentional Infliction of Emotional Distress or Outrage

False Imprisonment

Chapter 9 Firing and Separation 231


Policy Statements May Alter At-Will Employment

How to Reestablish the At-Will Privilege

Progressive Discipline

The Termination Session

Wrongful Discharge

The Worker Adjustment and Retraining Notification Act

Chapter 10 Documentation and Records Retention 247


Personnel Records in General

Medical Information

Other Documents That Should Not Be Kept in a Personnel File

EEOC Minimum Document Retention Rules Under Title VII

Document Retention Policies

OSHA Record Keeping

Index 287

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Sort by: Showing 1 Customer Reviews
  • Anonymous

    Posted March 16, 2012

    I learned some important laws, when I could keep my eyes open!

    This book is not for the narcoleptic. It reads like a law textbook, but I was trying to familiarize myself with some of the laws that I need to know in order to be a competent manager. I was looking for a book that would give some examples and legal guidance on documenting employee behavioral and performance problems. This book didn't answer my questions and I have not yet found one that does. However, I did learn a lot about employment laws that has been helpful in my supervisory position.

    1 out of 1 people found this review helpful.

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