State by State Guide to Human Resources Law, 2013 Edition

State by State Guide to Human Resources Law is the most comprehensive, authoritative guide to the employment laws of the 50 states and the District of Columbia. It is designed to provide quick access to each state's laws on the expanding number of issues and concerns facing business executives and their advisors - the professionals in HR, compensation, and employee benefits who work in multijurisdictional environments.

Useful, time-saving features provided throughout State by State Guide to Human Resources Law include:

• Concise overviews of each topical area
• Dozens of at-a-glance tables summarizing the law in each state and how it applies to specific situations
• Citations to Authority with reference to court cases and state statutes giving you immediate access to original source
• And more!

The 2013 Edition of State by State Guide to Human Resources Law has been updated to include:

• Coverage of the Patient Protection and Affordable Care Act (PPACA), its effect on employers, and the latest development on the constitutionality of the Act
• Update on health care legislation enacted in several states
• Analysis of private sector employment discrimination charges filed with the EEOC, including charge statistics, with a breakdown by type of discrimination alleged
• Discussion of federal and state legislation that would prohibit discrimination against the unemployed in hiring
• Coverage of federal and state efforts to curb illegal immigrant hires and the results of legal challenges
• Examination of the progress of the states in complying with the federal REAL ID Act and regulations
• Discussion of federal and state efforts to combat the misclassification of employees as independent contractors
• Update on state laws on possession of firearms at places of employment
• Coverage of recent state and federal legislative efforts to prohibit employers from requiring employees and job applicants to disclose their passwords to social media and private email accounts as a condition of employment
• The California Supreme Court has ruled that employers do not have a duty under the California Labor Code's meal period requirements to make sure that their hourly workers actually take their meal breaks
• Discussion of the latest developments in the unemployment benefit and tax cut provisions of the American Recovery and Reinvestment Act (ARRA) and the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act
• Analysis of recent Supreme Court decisions, including the case upholding the PPACA (National Federation of Independent Business v. Sebelius), two cases involving Arizona’s illegal immigration laws (Chamber of Commerce of U.S. v. Whiting and Arizona v. United States), and a case involving pharmaceutical sales representatives and the Fair Labor Standards Act (Christopher v. Smith Kline Beecham Corp.)
• Discussion of developments in the area of same-sex unions and domestic partner benefits
• Updated information on state drug testing legislation in the workplace

• 1. Trends and Controversies in Human Resources Law
  • Health Care Reform Legislative Update
  • States Address Health Care Reform Issues
  • FY 2009 Shows Slight Decrease in Discrimination Charges Filed with EEOC
  • Congress Extends ARRA Unemployment Benefits
  • Supreme Court Addresses Employee Privacy Expectations
  • Supreme Court Decides Important Title VII Discrimination Cases
  • Americans with Disabilities Amendments Act; ADA and H1N1 Influenza Preparedness
  • Lilly Ledbetter Fair Pay Act Becomes Law
  • EEOC Charges Filed by Immigrants—Federal Court Bars Employer's Questions About Immigration Status
  • Paycheck Fairness Act Passes House
  • Comprehensive Working Families Bill Introduced in House
  • DOL Publishes Long-awaited Revision to FMLA Regulations
  • New Laws and Regulations Provide FMLA Leave for Family of Injured Military Service Members and Veterans
  • States Also Provide Family Military Leave
  • New Jersey Becomes Third State to Enact Paid Family Leave Legislation
  • States Adopt Measures Prohibiting Discrimination on the Basis of Sexual Orientation and Gender Identity
  • Employment Non-Discrimination Act Prohibiting Discrimination on Basis of Sexual Orientation and Gender Identity Introduced in Senate, House
  • Legislation Prohibiting Genetic Discrimination Signed into Law
  • New Developments in Workplace Violence Prevention
  • Third Phase of Federal Minimum Wage Rate Increase Takes Effect
  • States Increase Minimum Wage Rates
  • Supreme Court Addresses ADEA Issues
  • Testimonial Evidence in Employment Bias Claims
  • Federal Immigration and Employment Verification Initiatives
  • States Enact Immigration and Employment Verification Measures
  • Increased Fines Against Employers for Federal Immigration Violations
  • DHS Releases REAL ID Regulations
  • Tax Credit for Employers Offering English Literacy Programs—Proposed Legislation
  • Supreme Court Adopts Broad Interpretation of Title VII Anti-Retaliation Provision
  • EEOC Updates ADEA Regulations to Conform to Supreme Court Ruling
  • Limiting Use of Social Security Numbers on Pay Stubs and Other Documents
  • Pension Reform
  • Mental Health Parity Act
  • Sexual Favoritism in the Workplace
  • Supreme Court Addresses Issue of Number of Employees to Qualify as "Employer" Under Title VII
  • OFCCP Revises Regulations on Rehabilitation Act and Compliance Check Procedures
  • Reverse Age Discrimination
  • Domestic Partner Benefits and Same-Sex Unions
  • Same-Sex Unemployment Benefits in New York
  • State-Mandated or Authorized Background Checks
  • DOL Considering Expanded Employer UI Wage Reporting
  • Limiting Mandatory Overtime
  • Living Wage Ordinances
  • Restrictions on Employee Discussion of Compensation May Violate the NLRA
  • Employer Could Not Refuse FMLA Leave for Noncompliance with Internal Notice Policy
  • Supreme Court Alters Mixed-Motive Proof Scheme Under Title VII
  • Additional Protection for Whistleblowers Under the Sarbanes-Oxley Act
  • Medical Information Privacy Regulations
  • Loss of Unemployment Benefits for Misuseof FMLA Leave
  • Labor Department Finalizes USERRA Regulations
  • Record Inspections and Working Conditions
  • California Paid Family Leave, a Model for Other States
  • New York Expands Prohibition of Religious Discrimination
  • The ADA's Coverage of Carpal Tunnel Syndrome
  • Courts Limit Public Policy Exception to At-Will Rule
  • Ergonomics and the Repeal of the Federal Standard
  • Scope of Safe Harbor Protection for Employees in Drug Rehabilitation Program
  • Age Discrimination and Disparate Impact
  • Hostile Work Environment Claim Based on Non-Sexual Conduct
  • Supreme Court Decision on Portal-to-Portal Act Exemption to FLSA
  • IRS Issues Final FICA Regulations on Workers' Compensation
  • DOL Issues Opinion Regarding Deductions from Exempt Employees’ Salaries for Absences Due to Inclement Weather
  • Fourth Circuit Finds That FMLA Claims May Not Be Waived
  • Computer Tech Workers Must Report Discovered Child Pornography Under Illinois Law
  • Employee Free Choice Act (EFCA) Introduced in Congress
  • New York Enacts Domestic Workers' Bill of Rights
  • New Web Tool Assists Search for Health Coverage Options
• 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
  • Penalties for Violating Child Labor Laws
  • 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
• 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