HUMAN RESOURCES COMPLIANCE

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HUMAN RESOURCES COMPLIANCE

• HRS/TND Associates, Inc.
• www.hrstndassociates.com
• 610/371-9505
• Serving America From offices in Pennsylvania,
  Maryland and Delaware

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Some Federal Laws which apply to us ALL

• FLSA Fair Labor Standards Act
• IRCA Immigration Reform and Control Act
• USERRA Uniformed Services Employment
  Reemployment Rights Act
• NLRA National Labor Relations Act

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Additional Federal Laws

• ADA Americans With Disabilities Act (15
  employees)
• COBRA (20 employees) -- PA Mini-COBRA in
  our future

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FAIR LABOR STANDARDS ACT (FLSA)

• Non-exempt Eligible for overtime for hours
  worked in excess of 40/week
• Exempt exempt from protection of FLSA i.e.
  not eligible for overtime
• Regulations changed in August 2004
• Significant penalties and back wages if overtime
  not paid to eligible positions

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So Whats New Lately

• New Minimum Wage 7.25 per hour effective July
  24, 2009
• Elimination of training wage for teenagers

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Heres a Hint

• Review Job Descriptions to correctly identify
  Exempt / Non-Exempt positions
• Position details, not job titles, determine
  exempt/non-exempt status
• Safe harbor language can limit fines back
  wage payments
• Recordkeeping of hours worked crucial
• Workplace posting required

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IMMIGRATION REFORM CONTROL ACT (IRCA)

• Since 1986, all employers must have new employees
  complete Employment Eligibility Verification
  forms (I-9)
• E-Verify Internet based system operated by the
  Department of Homeland Security (DHS) Social
  Security Administration (SSA) for electronic
  verification of new employees  
• E-Verify is free and voluntary

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So Whats New Lately

• New I-9 form must be used effective April 3, 2009
• E-Verify mandatory for all Federal contractors
  effective date delayed to June 30, 2009
• New enforcement guidelines issued April 30, 2009
  target employers who hire undocumented immigrants
  building cases before they raid workplaces

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Heres a Hint

• File I-9 forms separately from other employment
  records Suggestion, not requirement
• Department of Labor and US Citizenship
  Immigration Services can audit I-9 forms if
  kept separately, may limit scope of audit
• Restricts access to race/national origin info and
  may defend against potential discrimination
  claims

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USERRA Uniformed Services Employment
Reemployment Rights Act

• Protects employees who serve in the military
• Allows for re-employment after service
• Allows for continuation of employer health
  insurance
• July 2008 workplace posting required

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So Whats New LatelyNLRA Card Check

• Employee Free Choice Act stalled in Congress
• Would allow union to be formed if over 50 of
  workers sign cards, eliminating current
  requirement of a secret ballot
• Would also require binding arbitration if union
  employer fail to agree on first contract within
  90 days

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Americans with Disabilities Act (ADA)

• Disability discrimination by employers prohibited
• Reasonable accommodation required
• Employee Eligibility
• Qualified individual with a disability
• Can perform the job with or without reasonable
  accommodation

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So Whats New Lately

• ADA Amendments Act effective Jan 1, 2009
• Now someone with an impairment can be regarded as
  having a disability, even without the perception
  that the impairment limits a major life activity,
  provided that the impairment is not an impairment
  with an actual or expected duration of six months
  or less.

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Heres a Hint

• Employers will need to make reasonable
  accommodations even if employees are fully able
  to perform with meds or devices
• Fine tuning of legislation expected through court
  cases exercise caution!

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On the Horizon

• Governor Rendell expected to sign SB 189 which
  will require availability of coverage for
  dependents up to age 30 on employer group plans,
  as long as the dependent is unmarried, has no
  dependents, and is a full-time student OR lives
  in PA. Additional premium to be paid by the
  insured employee law to be effective 90 days
  after being signed.

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On the Horizon

• Family Friendly Workplace Act reintroduced in the
  House would allow employers to offer employees
  the option of receiving paid time off in lieu of
  cash wages for overtime hours worked

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On the Horizon

• Common Sense English Act introduced in the House
  would allow employers the right to implement
  English-only policies in the workplace

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On the Horizon

• Family Leave Insurance Act reintroduced in the
  House would provide up to 12 weeks paid leave
  for employee to care for ill family member to
  be funded by employers and employees

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QUESTIONS???

• HRS/TND Associates, Inc.
• www.hrstndassociates.com
• Serving America from offices in Pennsylvania,
  Maryland and Delaware