The Manager's Guide to HR: Hiring, Firing, Performance Evaluations, Documentation, Benefits, and Everything Else You Need to Know
320
The Manager's Guide to HR: Hiring, Firing, Performance Evaluations, Documentation, Benefits, and Everything Else You Need to Know
320Paperback
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Overview
The original edition of The Manager’s Guide to HR gives you an introduction to the regulations, rights, and responsibilities related to hiring and firing, benefits, compensation, documentation, performance evaluations, training, and more. However, much has changed since then.
Extensively revised, this second edition covers all the key areas of the original edition and brings you up to speed on current developments in employment law, including:
- How social media is changing the recruitment landscape
- Shifting labor standards regarding compensation and benefits
- The National Labor Relations Board’s stance on work-related employee speech on social media
- The Employee Retirement Income Security Act
- New record-keeping requirements
- Amendments to the Family and Medical Leave Act and the Americans with Disabilities Act
Featuring step-by-step guidance on everything from COBRA compliance to privacy issues, The Manager’s Guide to HR is now once again the most up-to-date, invaluable resource any manager of personnel could have.
Product Details
| ISBN-13: | 9781400245697 |
|---|---|
| Publisher: | AMACOM |
| Publication date: | 07/02/2024 |
| Pages: | 320 |
| Sales rank: | 303,939 |
| Product dimensions: | 7.00(w) x 10.00(h) x (d) |
About the Author
Read an Excerpt
PREFACE
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
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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. http://www.amacombooks.org.
Table of Contents
Chapter 1 Hiring 1
Introduction
Defining the Job
Writing the Job Description
Recruiting
Interviewing
Verifying Employment Eligibility
Chapter 2 Performance Evaluations 35
Introduction
The Job Description
Employee Self-Review
Structured Performance Reviews and Discrimination
Chapter 3 Training 41
Introduction
Strategy
Safety
Sexual Harassment
Trainig Records
Chapter 4 Benefits 51
Introduction: The Family and Medical Leave Act
Covered Entities
The Twelve-Month Period
Notice
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
Introduction
Minimum Wage and Overtime
Compensable Hours
Equal Pay for Men and Women (Equal Pay Act)
Child Labor
Coverage
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
Introduction
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
Introduction
BackgroundChecks
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
Introduction
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
Introduction
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