Author: Ronald M. Green

Publisher: Aspen Publishers

Published: 2020-12

Total Pages: 1664

ISBN-13: 9781543819229

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1. Trends and Controversies in Human Resources Law Supreme Court Decisions Invalidate Defense of Marriage Act, Proposition 8 D.C. Circuit Holds 2012 Recess Appointments to NLRB Invalid Federal Tax Relief, Unemployment Insurance Reauthorization Update on Health Care Reform States Address Health Care Reform House Passes Compensatory Time Off Bill Supreme Court Decides Important Title VII Discrimination Cases Bills Prohibiting Discrimination Against Unemployed Introduced in Federal, State Legislatures Private Sector Discrimination Charges Decrease Slightly in FY 2012 EEOC Updates Guidance on Employer Use of Arrest and Conviction Records Supreme Court Decides Arbitration Cases Supreme Court Decides Cases Involving Arizona''s Unauthorized Worker Laws Supreme Court Rules Pharmaceutical Sales Representatives Are Exempt Outside Sales Persons Under FLSA Federal, State Legislation Banning Employer Requests for Social Media Information Supreme Court Applies Proximate Cause Analysis to USERRA "Cat''s Paw" Case Supreme Court Addresses Employee Privacy Expectations DOL, IRS Agree with Several States to Address Employee/Independent Contractor isclassification Americans with Disabilities Amendments Act; Proposed Pregnant Workers Fairness Act; Revised EEOC Guidance on ADA and USERRA for Employers Supreme Court Decides States Are Immune from Suit for Damages Under FMLA''s Self-Care Provision DOL Publishes Revision to FMLA Regulations FMLA Leave for Family of Injured Military Service Members and Veterans States Also Provide Family Military Leave Connecticut Governor Signs Legislative Package Expanding Veterans'' Benefits New Jersey Is Third State to Enact Paid Family Leave Legislation New York, Hawaii, California Enact Domestic Workers'' Bill of Rights States Adopt Measures Prohibiting Discrimination on the Basis of Sexual Orientation and Gender Identity Employment Non-Discrimination Act Prohibiting Discrimination on the Basis of Sexual Orientation and Gender Identity Passed by Senate Genetic Information Nondiscrimination Act Generates Charge Filings; EEOC Discussion Letter New Developments in Workplace Violence Prevention Federal Immigration and Employment Verification Initiatives States Enact Immigration and Employment Verification Measures Increased Fines Against Employers for Federal Immigration Violations Update on State Compliance with REAL ID Regulations Limiting Use of Social Security Numbers on Pay Stubs and Other Documents Pension Reform Mental Health Parity Act Requirements Expanded by PPACA Sexual Favoritism in the Workplace Reverse Age Discrimination Domestic Partner Benefits and Same-Sex Unions State-Mandated or Authorized Background Checks Limiting Mandatory Overtime Restrictions on Employee Discussion of Compensation May Violate the NLRA Additional Protection for Whistleblowers Under the Sarbanes-Oxley Act Medical Information Privacy Regulations Loss of Unemployment Benefits for Misuse of FMLA Leave California Paid Family Leave, a Model for Other States New York Expands Prohibition of Religious Discrimination Courts Limit Public Policy Exception to At-Will Rule Ergonomics and the Repeal of the Federal Standard Hostile Work Environment Claim Based on Non-Sexual Conduct DOL Issues Opinion Regarding Deductions from Exempt Employees'' Salaries for Absences Due to Inclement Weather Computer Tech Workers Must Report Discovered Child Pornography Under Illinois Law 2. Defining the Employment Relationship Various Forms of Employment Relationships Offer and Acceptance of Employment Oral Contracts for Employment Written Contracts Obligations Imposed by Operation of Law--Tort Liability Dissolution of the Employment Relationship 3. Fair Employment Practices Overview: Increasing Importance of State Fair Employment Practice Laws Current Issues in Fair Employment Practice Laws Protected Classifications, Compliance, Prohibitions, and Exceptions Disposition of Fair Employment Practice Violations Affirmative Action The Role of Federal Guidelines and Precedent in State Fair Employment Practice Enforcement 4. Wages, Hours, and Holidays Overview: The Fair Labor Standards Act and State Regulation of Employment Ongoing Compensation Requirements and Penalties Minimum Wage Requirements and Exemptions Overtime Compensation Requirements and Exemptions Penalties for Violating Minimum Wage Laws and Overtime Provisions State Laws on Employment of Minors Employers'' Recordkeeping Requirements for Adult Employees and Minors Penalties for Violating Recordkeeping Requirements State Holidays Meal and Rest Period Requirements 5. Employment at Will Overview: Erosion of Traditional Employment-at-Will Doctrine Causes of Action for Wrongful Discharge Based on Implied Contracts Causes of Action for Wrongful Discharge Based on Tort Theories Causes of Action for Wrongful Discharge Based on Public Policy Violations Statutory Restrictions on Discharging Employees Remedies and Defenses in Wrongful Discharge Lawsuits State Right-to-Work and Other Labor Laws 6. Benefits Overview: ERISA and State Regulation of Benefits Coverage Requirements for Group Health Insurance Plans Health Benefits Continuation and Conversion State Regulation of Health Maintenance Organizations State Administrative Requirements for Health Insurance Group Life Insurance Severance and Other Benefits Due on Termination Family and Medical Leave Laws Legal Expenses Insurance Dental Insurance 7. Unemployment Compensation Overview: Federal-State Collaboration in Administering and Funding Unemployment Compensation Employers Subject to State Unemployment Compensation Laws Unemployment Disqualifications and Exemptions Benefits Eligibility Criteria and Payouts Employer Contributions and Recordkeeping Requirements 8. Workplace Privacy Overview: Expansion of Privacy Rights in the Workplace Regulation of Workplace Testing Use of Arrest and Conviction Records in Hiring Decisions Use of Consumer Credit Reports Blacklisting, References, and Personnel Records Employee Privacy Rights in Work Space, Workplace Telephone and Computer Systems and Electronic Mail Employment Decisions Based on Off-Duty Conduct Policy Guidance for Workplace Privacy Issues 9. Health and Safety Overview: Occupational Safety and Health Act and State Analogues Workplace Smoking: Federal Efforts at Regulation State Smoking Laws State Laws on Possession of Firearms in the Workplace 10. Summary of Federal Legislation, Guidelines, and Policies on Human Resources Law Overview: Federal Law and Regulation of Human Resources Management Fair Employment Practices The Fair Labor Standards Act of 1938 Benefits Privacy The Occupational Safety and Health Act Labor Relations The Immigration Reform and Control Act The Worker Adjustment and Retraining Notification Act Whistleblower Laws

Download or read book State by State Guide to Human Resources Law written by Ronald M. Green and published by Aspen Publishers. This book was released on 2020-12 with total page 1664 pages. Available in PDF, EPUB and Kindle. Book excerpt: 1. Trends and Controversies in Human Resources Law Supreme Court Decisions Invalidate Defense of Marriage Act, Proposition 8 D.C. Circuit Holds 2012 Recess Appointments to NLRB Invalid Federal Tax Relief, Unemployment Insurance Reauthorization Update on Health Care Reform States Address Health Care Reform House Passes Compensatory Time Off Bill Supreme Court Decides Important Title VII Discrimination Cases Bills Prohibiting Discrimination Against Unemployed Introduced in Federal, State Legislatures Private Sector Discrimination Charges Decrease Slightly in FY 2012 EEOC Updates Guidance on Employer Use of Arrest and Conviction Records Supreme Court Decides Arbitration Cases Supreme Court Decides Cases Involving Arizona''s Unauthorized Worker Laws Supreme Court Rules Pharmaceutical Sales Representatives Are Exempt Outside Sales Persons Under FLSA Federal, State Legislation Banning Employer Requests for Social Media Information Supreme Court Applies Proximate Cause Analysis to USERRA "Cat''s Paw" Case Supreme Court Addresses Employee Privacy Expectations DOL, IRS Agree with Several States to Address Employee/Independent Contractor isclassification Americans with Disabilities Amendments Act; Proposed Pregnant Workers Fairness Act; Revised EEOC Guidance on ADA and USERRA for Employers Supreme Court Decides States Are Immune from Suit for Damages Under FMLA''s Self-Care Provision DOL Publishes Revision to FMLA Regulations FMLA Leave for Family of Injured Military Service Members and Veterans States Also Provide Family Military Leave Connecticut Governor Signs Legislative Package Expanding Veterans'' Benefits New Jersey Is Third State to Enact Paid Family Leave Legislation New York, Hawaii, California Enact Domestic Workers'' Bill of Rights States Adopt Measures Prohibiting Discrimination on the Basis of Sexual Orientation and Gender Identity Employment Non-Discrimination Act Prohibiting Discrimination on the Basis of Sexual Orientation and Gender Identity Passed by Senate Genetic Information Nondiscrimination Act Generates Charge Filings; EEOC Discussion Letter New Developments in Workplace Violence Prevention Federal Immigration and Employment Verification Initiatives States Enact Immigration and Employment Verification Measures Increased Fines Against Employers for Federal Immigration Violations Update on State Compliance with REAL ID Regulations Limiting Use of Social Security Numbers on Pay Stubs and Other Documents Pension Reform Mental Health Parity Act Requirements Expanded by PPACA Sexual Favoritism in the Workplace Reverse Age Discrimination Domestic Partner Benefits and Same-Sex Unions State-Mandated or Authorized Background Checks Limiting Mandatory Overtime Restrictions on Employee Discussion of Compensation May Violate the NLRA Additional Protection for Whistleblowers Under the Sarbanes-Oxley Act Medical Information Privacy Regulations Loss of Unemployment Benefits for Misuse of FMLA Leave California Paid Family Leave, a Model for Other States New York Expands Prohibition of Religious Discrimination Courts Limit Public Policy Exception to At-Will Rule Ergonomics and the Repeal of the Federal Standard Hostile Work Environment Claim Based on Non-Sexual Conduct DOL Issues Opinion Regarding Deductions from Exempt Employees'' Salaries for Absences Due to Inclement Weather Computer Tech Workers Must Report Discovered Child Pornography Under Illinois Law 2. Defining the Employment Relationship Various Forms of Employment Relationships Offer and Acceptance of Employment Oral Contracts for Employment Written Contracts Obligations Imposed by Operation of Law--Tort Liability Dissolution of the Employment Relationship 3. Fair Employment Practices Overview: Increasing Importance of State Fair Employment Practice Laws Current Issues in Fair Employment Practice Laws Protected Classifications, Compliance, Prohibitions, and Exceptions Disposition of Fair Employment Practice Violations Affirmative Action The Role of Federal Guidelines and Precedent in State Fair Employment Practice Enforcement 4. Wages, Hours, and Holidays Overview: The Fair Labor Standards Act and State Regulation of Employment Ongoing Compensation Requirements and Penalties Minimum Wage Requirements and Exemptions Overtime Compensation Requirements and Exemptions Penalties for Violating Minimum Wage Laws and Overtime Provisions State Laws on Employment of Minors Employers'' Recordkeeping Requirements for Adult Employees and Minors Penalties for Violating Recordkeeping Requirements State Holidays Meal and Rest Period Requirements 5. Employment at Will Overview: Erosion of Traditional Employment-at-Will Doctrine Causes of Action for Wrongful Discharge Based on Implied Contracts Causes of Action for Wrongful Discharge Based on Tort Theories Causes of Action for Wrongful Discharge Based on Public Policy Violations Statutory Restrictions on Discharging Employees Remedies and Defenses in Wrongful Discharge Lawsuits State Right-to-Work and Other Labor Laws 6. Benefits Overview: ERISA and State Regulation of Benefits Coverage Requirements for Group Health Insurance Plans Health Benefits Continuation and Conversion State Regulation of Health Maintenance Organizations State Administrative Requirements for Health Insurance Group Life Insurance Severance and Other Benefits Due on Termination Family and Medical Leave Laws Legal Expenses Insurance Dental Insurance 7. Unemployment Compensation Overview: Federal-State Collaboration in Administering and Funding Unemployment Compensation Employers Subject to State Unemployment Compensation Laws Unemployment Disqualifications and Exemptions Benefits Eligibility Criteria and Payouts Employer Contributions and Recordkeeping Requirements 8. Workplace Privacy Overview: Expansion of Privacy Rights in the Workplace Regulation of Workplace Testing Use of Arrest and Conviction Records in Hiring Decisions Use of Consumer Credit Reports Blacklisting, References, and Personnel Records Employee Privacy Rights in Work Space, Workplace Telephone and Computer Systems and Electronic Mail Employment Decisions Based on Off-Duty Conduct Policy Guidance for Workplace Privacy Issues 9. Health and Safety Overview: Occupational Safety and Health Act and State Analogues Workplace Smoking: Federal Efforts at Regulation State Smoking Laws State Laws on Possession of Firearms in the Workplace 10. Summary of Federal Legislation, Guidelines, and Policies on Human Resources Law Overview: Federal Law and Regulation of Human Resources Management Fair Employment Practices The Fair Labor Standards Act of 1938 Benefits Privacy The Occupational Safety and Health Act Labor Relations The Immigration Reform and Control Act The Worker Adjustment and Retraining Notification Act Whistleblower Laws