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Index
Title Page
About the Authors
Copyright Page
Dedication
Contents At A Glance
Contents
Acknowledgments
Introduction
Chapter 1 Human Resources Certifications
Professional Certification
The Benefits of Certification
The HR Certification Institute Certifications
HR Certification Institute’s Role
The Significance of the Body of Knowledge
The Test Development Process
The Exam Experience
Chapter Review
Endnotes
Chapter 2 U.S. Laws and Regulations
What You Need to Know Concerning Employee Management
1. When You Have One or More Employees
1.1 The Clayton Act (1914)
1.2 The Consumer Credit Protection Act (1968)
1.3 The Copeland “Anti-Kickback” Act (1934)
1.4 The Copyright Act (1976)
1.5 The Davis-Bacon Act (1931)
1.6 The Dodd-Frank Wall Street Reform and Consumer Protection Act (2010)
1.7 The Economic Growth and Tax Relief Reconciliation Act (EGTRRA) (2001)
1.8 The Electronic Communications Privacy Act (ECPA) (1986)
1.9 The Employee Polygraph Protection Act (1988)
1.10 The Employee Retirement Income Security Act (ERISA) (1974)
1.11 The Equal Pay Act (EPA) (Amendment to the FLSA) (1963)
1.12 The FAA Modernization and Reform Act (2012)
1.13 The Fair and Accurate Credit Transactions Act (FACT) (2003)
1.14 The Fair Credit Reporting Act (FCRA) (1970)
1.15 The Fair Labor Standards Act (FLSA) (1938)
1.16 The Foreign Corrupt Practices Act (FCPA) (1997)
1.17 The Health Information Technology for Economic and Clinical Health Act (HITECH) (2009)
1.18 The Health Insurance Portability and Accountability Act (HIPAA) (1996)
1.19 The Immigration and Nationality Act (INA) (1952)
1.20 The Immigration Reform and Control Act (IRCA) (1986)
1.21 The IRS Intermediate Sanctions (2002)
1.22 The Labor-Management Relations Act (LMRA) (Taft-Hartley Act) (1947)
1.23 The Labor-Management Reporting and Disclosure Act (Landrum-Griffin Act) (1959)
1.24 The Mine Safety and Health Act (1977)
1.25 The National Industrial Recovery Act (1933)
1.26 The National Labor Relations Act (Wagner Act) (NLRA) (1935)
1.27 The Needlestick Safety and Prevention Act (2000)
1.28 The Norris-LaGuardia Act (1932)
1.29 The Occupational Safety and Health Act (OSHA) (1970)
1.30 The Omnibus Budget Reconciliation Act (OBRA) (1993)
1.31 The Pension Protection Act (PPA) (2006)
1.32 The Personal Responsibility and Work Opportunity Reconciliation Act (1996)
1.33 The Portal-to-Portal Act (1947)
1.34 The Railway Labor Act (1926)
1.35 The Rehabilitation Act (1973)
1.36 The Retirement Equity Act (REA) (1984)
1.37 The Revenue Act (1978)
1.38 The Sarbanes-Oxley Act (SOX) (2002)
1.39 The Securities and Exchange Act (1934)
1.40 The Service Contract Act (SCA) (1965)
1.41 The Sherman Anti-Trust Act (1890)
1.42 The Small Business Job Protection Act (1996) (SBJPA)
1.43 The Social Security Act (1935)
1.44 The Tax Reform Act (1986)
1.45 The Taxpayer Relief Act (1997)
1.46 The Trademark Act (1946)
1.47 The Unemployment Compensation Amendments Act (UCA) (1992)
1.48 The Uniformed Services Employment and Reemployment Rights Act (USERRA) (1994)
1.49 The Vietnam Era Veterans Readjustment Assistance Act (VEVRAA) (1974) [as amended by the Jobs for Veterans Act (JVA) (2008)]
1.50 The Wagner-Peyser Act (1933) [as amended by the Workforce Investment Act of 1998]
1.51 The Walsh-Healey Act (Public Contracts Act) (1936)
1.52 The Work Opportunity Tax Credit (WOTC) (1996)
1.53 Whistleblowing
2. When You Have 15 or More Employees
2.1 Americans with Disabilities Act (ADA) (1990)
2.2 The Civil Rights Act (Title VII) (1964)
2.3 The Civil Rights Act (1991)
2.4 The Drug-Free Workplace Act (1988)
2.5 The Equal Employment Opportunity Act (EEOA) (1972)
2.6 The Genetic Information Nondiscrimination Act (GINA) (2008)
2.7 Guidelines on Discrimination Because of Sex (1980)
2.8 The Lilly Ledbetter Fair Pay Act (2009)
2.9 The Pregnancy Discrimination Act (1978)
2.10 Uniform Guidelines on Employee Selection Procedures (1976)
3. When You Have 20 or More Employees
3.1 The Age Discrimination in Employment Act (ADEA) (1967)
3.2 The American Recovery and Reinvestment Act (ARRA) (2009)
3.3 The Consolidated Omnibus Budget Reconciliation Act (COBRA) (1986)
3.4 The Older Workers Benefit Protection Act (OWBPA) (1990)
4. When You Have 50 to 100 Employees
4.1 Executive Order 11246—Affirmative Action (1965)
4.2 The Family and Medical Leave Act (FMLA) (1993)
4.3 The Mental Health Parity Act (MHPA) (1996)
4.4 The Mental Health Parity and Addiction Equity Act (MHPAEA) (2008)
4.5 The National Defense Authorization Act (2008)
4.6 The Patient Protection and Affordable Care Act (PPACA) (2010)
5. When You Have 100 or More Employees
5.1 The Worker Adjustment and Retraining Notification Act (WARN) (1988)
6. For Federal Government Employees
6.1 The Civil Service Reform Act (1978)
6.2 The Congressional Accountability Act (1995)
6.3 The False Claims Act (1863)
6.4 The Homeland Security Act (2002)
6.5 The Privacy Act (1974)
6.6 The USA Patriot Act (2001)
Employment Visas for Foreign Nationals
E Nonimmigrant Visas
H Visas
L-1 Intra-Company Transferee
O-1 Alien of Extraordinary Ability in Arts, Science, Education, Business, Athletics
P Visa Categories
EB Employment-Based Visas
Chapter Review
Questions
Is Safety the Most Important Policy?—A Case Study
Answers
Case Study Outcome
Endnotes
Chapter 3 Core Knowledge
23 Core Knowledge Requirements
Needs Assessment and Analysis
Third-Party or Vendor Selection, Contract Negotiation, and Management, Including Development of Requests for Proposals (RFPs)
Communication Skills and Strategies (For Example: Presentation, Collaboration, Sensitivity)
Organizational Documentation Requirements to Meet Federal and State Guidelines
Adult Learning Processes
Motivation Concepts and Applications
Training Techniques (For Example: Virtual, Classroom, On-the-Job)
Leadership Concepts and Applications
Project Management Concepts and Applications
Diversity Concepts and Applications (For Example: Generational, Cultural Competency, Learning Styles)
Human Relations Concepts and Applications (For Example: Emotional Intelligence, Organizational Behavior)
Ethical and Professional Standards
Technology to Support HR Activities (For Example: HR Information Systems, Employee Self-Service, e-Learning, Applicant Tracking Systems)
Qualitative and Quantitative Methods and Tools for Analysis, Interpretation, and Decision-Making Purposes (For Example: Metrics and Measurements, Cost/Benefit Analysis, Financial Statement Analysis)
Change Management Theory, Methods, and Application
Job Analysis and Job Description Methods
Employee Records Management (For Example: Electronic/Paper, Retention, Disposal)
Techniques for Forecasting, Planning, and Predicting the Impact of HR Activities and Programs Across Functional Areas
Types of Organizational Structures (For Example: Matrix, Hierarchy)
Environmental Scanning Concepts and Applications (For Example: Strengths, Weaknesses, Opportunities, and Threats [SWOT], and Political, Economic, Social, and Technological [PEST])
Methods for Assessing Employee Attitudes, Opinions, and Satisfaction (For Example: Surveys, Focus Groups/Panels)
Budgeting, Accounting, and Financial Concepts
Risk-Management Techniques
Chapter Review
Questions
Answers
Endnote
Chapter 4 Risk Management
Key Legislation Governing Risk Management
Cross-Reference to Other Legislation Requirements and Enforcement Agencies That Impact Risk Management
Applicable Legal Cases Involving Risk Management
Hazard (Risk) Identification and Communication
Needs Analysis (Audits)
Recordkeeping Requirements
Investigating Complaints
Communication Skills and Strategies
Human Relations Concepts and Applications
Job Analysis
Review of Job Descriptions
Communication to Employees
HR Technology Activities
Employee Records Management
HR Information Systems (HRIS)
Employee Self-Service
e-Learning
Applicant Tracking Systems
Techniques for Forecasting, Planning, and Predicting Impact of HR Activities
Risk Management Techniques
Occupational Injury and Illness Prevention Programs
General Health Practices
General Safety Practices
Safety Audit and Communication Plans
Return to Work Policies
Modified Duty Assignments
Reasonable Accommodation
Independent Medical Exam
Plans to Protect Employees and Minimize Organization Liability
Emergency Response Plans
Business Continuation
Password Usage
Social Engineering
Disaster Recovery
Workplace Violence
Budgeting, Accounting, and Financial
Substance Abuse
Theft
Sabotage
Social Media, Internet, and E-mail Use Policies
Social Media
Internet Access
E-mail Use
Diversity Concepts and Applications
Ethical and Professional Standards
Privacy Issues
Internal Privacy Issues
External Privacy Issues
Protection of Data
Password Protections, Monitoring Software, and Biometrics
Identity Theft
Workplace Monitoring
Methods for Assessing Employee Attitudes, Opinions, and Satisfaction
Use of Third Parties or Vendors
Developing Requests for Proposals (RFPs)
Contract Negotiation
Contract Management
Chapter Review
Questions
Answers
Endnotes
Chapter 5 Workforce Planning and Employment
Key Legislation Governing Workforce Planning and Employment
Equal Employment Opportunity and Affirmative Action
Equal Employment Opportunity Commission (EEOC)
EEOC Complaint Investigation Procedures
EEOC Guidelines
Federal Contracting and Affirmative Action Requirements
Goods and Services Contractors
Construction Contractors
Compliance Evaluations by OFCCP
Affirmative Action Reporting Requirements
Placement-Rate Goals and Good Faith Efforts
Office of Federal Contract Compliance Programs (OFCCP)
Outreach and Recruiting Requirements for Affirmative Action
Recordkeeping Requirements
Gender Discrimination and Harassment in the Workplace
Gender-Neutral Job Advertisements
Types of Harassment
Employer Prevention Obligations
Organizational Staffing Requirements
Forecasting Placement Opportunities
Compliance with WARN Act
Workforce Planning, Forecasting, and Predicting Metrics
Strategic Workforce Planning
Job Analysis and Documentation
Identifying Key Job Responsibilities and Essential Functions
Identifying Job Qualifications
Identifying Physical and Mental Job Requirements
Job Competencies
Point Systems for Job Evaluation
Annual Review of Job Contents
Recruitment and the Application Process
Internal and External Recruitment Sources
State Employment Services
Recruitment Strategies
Applicant Tracking
Resumes vs. Job Applications
Invitations to Self-Identify as Part of the Application Process
Analysis of Labor Market Data
Diversity Management
Measurements and Metrics of Recruitment
The Impact of Compensation and Benefits on Recruitment and Retention
Flexible Staffing
Temporary Employees
Job Sharing
Part-Time vs. Full-Time
Project Hires/Contract Labor
Phased Retirement
Retiree Annuitants
Payrolling
Employee Leasing and Professional Employer Organizations (PEOs)
Outsourcing and Managed Service Providers (MSPs)
Temp-to-Lease Programs
Rehires and Transfers
Selection
Selection Systems
Criteria for Selection
Employment Testing
Job Accommodation Requests
Documentation of Selection Decisions
The Selection Approval Process
Employment Policies, Practices, and Procedures
Negotiation Skills and Techniques
Employment Offers
Employment Reference Checks, Background Checks, and Credit Reports
New Employee Orientation
Retention
Management Training
Rewards
Metrics and Measurements for Retention
Organizational Exit
Involuntary Separations
Voluntary Separations
Exit Interviews
Employee Records Management
Employment Authorization (Form I-9)
E-Verify System
Employee Files
Documentation Techniques and Guidelines
Retention Requirements
Records Destruction
Employee Skill Sets Database
Workforce Assessment Techniques
International Workforce Management
International Workforce Planning
Types of International Workers
Organizational and Staffing Approaches to International Business
Types of International Assignments
Chapter Review
Questions
Answers
Endnotes
Chapter 6 Business Management and Strategy
Key Legislation Governing Business Management and Strategy
Role of Human Resources in Organizations
Strategic Alliances
Community Partnership
Facilitation and Communication
HR Business Management and Acumen
Business Acumen
Budgeting and Financial Analysis
Business Concepts
Management Skills
HR Management Skill Development
Organizational Structures
Business Structures and Functions
Corporate Culture
Life Cycles of Organizations
Corporate Restructuring
Strategic Planning
Developing Goals and Objectives
Environmental Scanning
Internal Environment Scanning
Strategic Planning Contributions
Measuring Strategic Results
Methods and Tools Used in Decision Making
Decision Making Methods
Develop Metrics to Measure Milestones/Results
Performance Cost and Benefit (ROI) Analyses
Organizational Vision, Mission, and Values
Vision Statement
Mission Statement
Values
Corporate Ethics
Corporate Governance Compliance
Assessment of Policies/Procedures
Ethics Investigations
Monitoring Legislative and Regulatory Issues
Chapter Review
Questions
Answers
Endnotes
Chapter 7 Employee and Labor Relations
Federal Laws That Apply to This Body of Knowledge
Common Law and the Napoleonic Code
Napoleonic Code
Common Law
Labor Laws Currently
Employment Types
Employment at Will
Written Employment Agreements and Oral Contracts
Collective Bargaining Agreements
Right to Work States
Limitations to Agency Shop
Exceptions to Employment at Will
Public Policy
Implied Contract
Covenant of Good Faith and Fair Dealing
Invasion of Privacy
Common Law Tort Claims
Defamation (Slander/Liable)
Fraudulent Misrepresentation
Other Factors Involved in the Employment Relationship
Employer Expectation of Employee Loyalty
Unfair Competition and Non-Compete Clauses
Concept of Inevitable Disclosure
Workplace Policies and Procedures
Developing and Communicating Policies
Discipline and Termination
Background Investigations
Credit Checks
Work Rules/Codes of Conduct
Non-Monetary Rewards
Employee Relations Programs and Organizational Culture
Recognition
Special Events
Diversity Programs
Self-Directed Work Teams
Employee-Management Committees
Labor Leadership Concepts and Applications
Employee Complaints and Grievances
Using Employee Input to Prevent Complaints
Conflict Resolution
Complaint/Grievance Handling
Conducting Unbiased Investigations
Internal vs. External Complaints
Mediation and Arbitration (Alternative Dispute Resolution—ADR)
Using External Experts
HR’s Role in the Litigation Process
Collective Bargaining
Governance of the Union-Employer Relationship
Contract Negotiation
Establishing Contract Costs
Administering Union Contracts (MoU or CBA)
Unfair Labor Practices
Labor-Management Cooperative Strategies
Strikes, Picketing, and Boycotts
Employment Legal Issues
Negligent Hiring
Negligent Retention
Defamation
Measuring Disparate Impact During Reduction in Force
Evaluating Program Effectiveness
Turnover Rates
Employee Surveys
Developing and Implementing Strategies to Maintain a Union-Free Environment
NLRB Procedures for Recognizing a Union
Employer Reactions to Union Organizing Efforts
Decertification or Deauthorization of a Union
Common Employee Relations Strategies
Identifying and Addressing Union Interests in Your Workplace
Strategies for Maintaining a Union-free Environment
Chapter Review
Questions
Answers
Endnotes
Chapter 8 Human Resource Development
Federal Laws That Apply to This Body of Knowledge
HR’s Role in Organizational Development (OD)
Learning Organization
Change Process Theory
Training and Development
Training Needs Assessment and Analysis
Establishing Training Objectives
Instructional and Delivery Methods
Adult Learning Processes and Principles
Teacher-Centered Approaches
Learner-Centered Approaches
Talent Management
Employee Development Programs
Skills Training
Teams
Career Development
Career Development Programs
Coaching and Mentoring
Employee Retention
Challenges in Talent Management
Performance Management
Performance Standards
Performance Appraisal Methods
Shortcomings of Performance Appraisals
HR Interventions
Conflict Resolutions
Emotional Intelligence
Management by Objectives
Quality Initiatives
Leadership Development
Leadership Theories
Leadership Concepts
Organizational Development Initiatives
Theories and Applications
Diversity Initiatives
Programs for Organizational and Employee Changing Needs
Measuring Results Establishing Metrics
Global Issues and Considerations
Cultural Issues
Chapter Review
Questions
Answers
Endnotes
Chapter 9 Compensation and Benefits
A Total Rewards Philosophy and Strategy
Strategic Objectives of Compensation
Federal Laws That Impact Compensation
Federal Agency Non-Discrimination Enforcement
United States Department of Labor (DOL)
Equal Employment Opportunity Commission (EEOC)
Office of Federal Contract Compliance Programs (OFCCP)
Job Evaluation
Job Evaluation Methods
Pay Surveys
Pay Structure
Pay Grades
Pay Ranges
Compa-ratios
Base-Pay Systems
Single or Flat-Rate System
Time-Based Step Rate System
Performance-Based Merit Pay System
Productivity-Based System
Person-Based System
Variations in Pay
Red Circle Rates
Green Circle Rates
Cost of Living Adjustments (COLAs)
Types of Pay Increases
General Pay Increases
Seniority Pay Increases
Lump Sum Increases
Market-Based Increases
Pay Differentials
Premium Pay
Travel Pay
Hazard Pay
Labor Cost Differentials
Geographic-Based Differential Pay
Location-Based Differentials
Time-Based Differential Pay
Overtime Pay
Payroll
Payroll Administration
Payroll Systems
Incentive Pay
Requirements
Plan Criteria
Required Internal Processes
Types of Incentive Programs
Compensation Administration
Exempt and Non-Exempt Status
Strategic Objectives of Benefits
Benefits Needs Assessment
Federal Legislation Impacting Benefits
Tax and Accounting Organizations with Benefits Oversight
U.S. Internal Revenue Service (IRS)
Pension Benefit Guaranty Corporation (PBGC)
Financial Accounting Standards Board (FASB)
Fiduciary Responsibilities
Government-Mandated Benefits
Social Security
Medicare
Unemployment Insurance (UI)
Workers’ Compensation
Healthcare Benefits
Fee-for-Service Plans
Managed Care Plans
Prescription Drug Plans
Dental Plans
Vision Care Plans
Healthcare Funding
Fully Funded Plans
Self-Funded Plans
Health Insurance Purchasing Cooperatives (HIPCs)
Healthcare Costs
High Deductible Health Plans
Section 125 Cafeteria (Flexible Benefit) Plans
Full Cafeteria Plans
Common Benefits Provided to Employees
Disability Benefits
Life Insurance
Long-Term Care Insurance (LTC)
Employee Assistance Programs (EAPs)
Supplemental Unemployment Benefits (SUB)
Paid Time Off (PTO)
Paid Leaves
Less Common Benefits Provided to Employees
Childcare Services
Elder Care
Commuter Assistance
Tuition Reimbursement
Prepaid Legal Insurance
Benefits—Taxable and Non-Taxable
Evaluating and Communicating Compensation and Benefits Programs
Measurements and Analysis
Legally Required Communications
Other Required Communications
Developing Employee Self-Service Technologies (ESS)
Compensation and Benefits—International Employees
Assignment Compensation Terms
International Benefits Variations
Non-Salary International Benefits
Chapter Review
Questions
Answers
Endnotes
Appendix A List of Common HR Acronyms
Appendix B Federal Case Laws
Case Applications by Chapter
Chapter 4: Risk Management
Chapter 5: Workforce Planning and Employment
Chapter 6: Business Management and Strategy
Chapter 7: Employee and Labor Relations
Chapter 8: Human Resources Development
Chapter 9: Compensation and Benefits
Appendix C For Additional Study
Appendix D About the Download
System Requirements
Downloading Total Tester Premium Practice Exam Software
Total Tester Premium Practice Exam Software
Installing and Running Total Tester
Technical Support
Glossary
Index
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