Title: Alphabet Soup of HR Compliance
1Alphabet Soupof HR Compliance
- HRS/TND Associates, Inc.
- Your full-service HR and benefits consultant
- Serving America from offices in Pennsylvania,
Maryland and Delaware - www.hrstndassociates.com
- 610-371-9505
2Civil Rights Act of 1964 Title VII
- Employment agencies labor organizations
- Purpose is to "level the playing field"
- Prohibits discrimination on the basis of
- race
- color
- religion
- gender
- pregnancy
- national origin
3Civil Rights Act of 1964 Title VII
- Protects qualified disabled
- Protects workers age 40
- 20 or more employees
- No forced retirement
- Penalties back pay, reinstatement, retroactive
seniority, and attorneys fees -
4Consumer Credit Protection Act
- Cant terminate for garnishments for any one
indebtedness - Two or more do allow termination
- Penalties fines up to 1,000, 1 year
imprisonment or both
5Employee Polygraph Protection Act
- Cant require employees/candidates for employment
to submit to a lie detector. - May ask (not require) if investigating theft,
embezzlement or economic loss - If ee. had access to property that was lost and
there is reasonable suspicion
6Employee Retirement Income Security Act
- Regulates the provision and administration of
benefit plans - Includes health care benefits, profit sharing,
and pension plans - Many must file annual form 5500 on plan expenses,
income, assets and liabilities - Also submit a summary annual report
7Equal Pay Act of 1963
- Prohibits discrimination by paying one gender
more than the other - If work requires equal skill, effort, and
responsibility, and are performed under similar
working conditions. - Penalties Back pay for up to two years, or three
years if the violation was willful, and
liquidated damages equal to back pay.
8Fair and Accurate Credit Transactions Act
- Amended the Fair Credit Reporting Act in 12/2003.
- Includes many new provisions that impact the
credit reporting system and the prevention of
identity theft.
9Fair Credit Reporting Act
- Regulates collection, dissemination, and use of
consumer credit information - Users of this information must
- Notify consumer of adverse action
- Identify the Co. providing report.
- Max 1,000 statutory damages, plus actual
damages, punitive atty. fees if willful
10Fair Labor Standards Act
- Most employers are covered.
- Public agencies interstate businesses.
- Guidelines on child labor, min. wage, OT,
record-keeping requirements. - Exempt non-exempt.
- Wage and time requirements for minors.
- Sets minimum wage mandates when OT paid.
11Federal Insurance Contributions Act of 1935
- Must withhold taxes from pay. Taxes include the
following - Income tax withholding (FITW)
- Unemployment taxes (FUTA)
12HIPAA
- Leaving must creditable coverage cert.
- Includes
- restrictions on preexisting conditions
- special enrollment rights protections against
discrimination. - Penalties 100 per/day ea. affected ee.
- Actions against non-complying plans may be
brought both by participants DOL.
13Immigration Reform and Control Act
- Prohibits
- employment of individuals not legally authorized
to work in the US - in an employment classification that they are not
authorized to fill. - 3 days certify identity eligibility on I-9.
- I-9 retained for 3 yrs. after employment or 1 yr.
after termination whichever is later.
14National Labor Relations Act
- All have right to form, join, assist labor
organization. - Bargain collectively.
- Enforcement NLRB
- Board has extensive standards for electing and
decertifying unions negotiating bargaining
agreements defining activities as fair or unfair
labor practices. - Penalties Wide variety of penalties may be
applied, depending on the violation.
15Newborns' and Mothers' Health Protection Act
- Requires a min. hospital stay for childbirth.
- Applies to health plans health insurance
companies providing hospital stays for
childbirth. - Provides min. 48 hrs. for a normal delivery ,
96 hrs. for a cesarean.
16Occupational Safety and Health Act
- General duty clause virtually all employers
hazard free workplace. - Most must comply with workplace safety health
standards that apply. - Keep log of injuries, illnesses, deaths.
- Post annual records.
17Occupational Safety and Health Act
- Cant discharge who refuse job that places them
at risk of injury or exposes a hazard. - Penalties
- Civil up to 1,000 for individual violations
- Up to 10,000 repeated willful violations
- Back pay reinstatement if discrimination.
18Sarbanes-Oxley Act of 2002
- Whistleblower Protection for public Co.
- Gives a private right of legal action if
- Believes federal securities law violated
- Rules or regulations of the SEC
- Fraud against shareholders.
- Penalties Retaliators subject to criminal
penalties of fines prison up to ten years.
19Sarbanes-Oxley Act of 2002
- Requires blackout notice with reason
- ID investments participant rights affected
- Beginning date and length of blackout
- Caution to review investment decisions because
cant diversify accounts during the blackout. - Penalties Plan Administrators with no blackout
notice fined up to 100 a day per affected
participant/beneficiary.
20Uniform Guidelines on Employee Selection
Procedures
- Covers interviewing, testing, training and other
employee selection tools - Impact on race, color, religion, sex or national
origin discrimination. - Adverse impact, 80 test, if a practice yields
less than 80 of a protected group as compared to
the most frequently selected group, there may
discrimination.
21Uniformed Services Employment Reemployment
Rights Act
- Very broadly prohibits employers from
discriminating against individuals because of
past, present, or future membership in a
uniformed service (including periods of voluntary
training and service). - Prohibits discrimination in employment, job
retention and advancement
22Uniformed Services Employment Reemployment
Rights Act
- Requires employers to provide
- Retraining opportunities
- Health care and pension benefits continue
- Added protection for disabled veteran
- Employees must
- Provide notice of need for leave
- Give notice of intention to return
23Uniformed Services Employment Reemployment
Rights Act
- Generally required to be allowed to return to
work with all the benefits and seniority. - Penalties Back pay and benefits and liquidated
damages (if conduct was willful).
24OSHA Recordkeeping
- Maintain data on OSHA 300 for all work-related
injuries and illnesses. - Post the OSHA 300A with summary data
- 1,000 for each year a company fails to properly
maintain the OSHA 300. Additional penalties
include 1000 up to 7,000 for employers who have
not filled out the form at all.
25Title VII
- Applies to employers with 15 or more.
- Penalties
- Intentional discrimination, may seek a jury
trial - Compensatory and punitive damages according
the employer's number of employees. - Remedies back pay, reinstatement, and
retroactive seniority are available whether
intentional or disparate impact.
26Americans With Disabilities Act
- Prohibits discrimination against qualified
- individuals with disabilities.
- Covers job application procedures, hiring, firing
advancement, compensation, job training and other
terms, conditions and privileges of employment. -
27Americans With Disabilities Act
- Can a reasonable accommodation remove barrier?
- Individual has a disability when
- Physical or mental impairment substantially
limits 1 or more major life activities - Has a record of an impairment
- Is regarded as having an impairment
- Penalties same as for Title VII violations
28Age Discrimination in Employment Act
- Protects those 40 and over by prohibiting
discrimination in any employment or
employment-related decision. - Applies to most employers with 20 or more.
- A main provisions employers can not force
retirement.
29Age Discrimination in Employment Act
- Voluntary retirements with very specific
conditions allowed. - Penalties
- Back pay
- Reinstatement
- Retroactive seniority
- Attorney's fees.
- Liquidated damages willful.
30COBRA
- When leaving employment may continue in group
health plan usually for 18 months - If death or divorce, coverage may be longer
- No COBRA if terminated for gross misconduct
- There is a 2 administrative fee
- Active military have up to 24 months
31Family and Medical Leave Act
- Employed 12 months with 1,250 hours of service
in the preceding 12 months may take up to 12
weeks of unpaid leave for - Serious health condition
- Care for family member with a serious health
condition - The placement of a child for adoption or foster
care
32Family and Medical Leave Act
- There is no list of serious health conditions
- Six general conditions
- gt Hospital Care gt Pregnancy
- gt Absence Treatment gt Multiple
-
Treatments - gt Permanent Long-term w. Supervision
- gt Chronic Condition Requiring
- Treatment
- The determination is made by employee or family
members doctor -
33Family and Medical Leave Act
- Employers required to
- 1. Allow eligible ees to take up to
- 12 weeks of unpaid leave
- 2. Provide continued health benefits
- 3. Restore to same position or same
- pay, benefits terms of employment
- 4. Notify ee. of their rights
responsibility
34Family and Medical Leave Act
- 12 weeks leave may be taken in
- 1. One block of time
- 2. Intermittent smaller blocks
- 3. Reduced work schedule (i.e. part-
time for 24 weeks) - Employer must designate notify leave as FMLA
whether ee mentions FMLA or not
35Family and Medical Leave Act
- Penalties
- Back pay and benefits with interest
- Reinstatement and/or promotion
- Attorneys fees and cost
- Generally covers employers with 50 or more
employees in 20 or more workweeks per year in the
current or preceding calendar year.
36Family and Medical Leave Act 2008 Amendment
- Spouse, son, daughter, parent, or next of kin"
up to 26 workweeks - Care for a "member of the Armed Forces National
Guard or Reserves - undergoing medical treatment
- recuperation, or therapy
- outpatient status, or is on the temporary
disability retired list - for a serious injury or illness.
37EEO-1 Report
- Must be filed if a federal contractor with 50 or
more employees - All employers, with 100 or more regular full-time
and part-time employees must file with the Equal
Employment Opportunity Commission by September 30
of each year
38Mental Health Parity Act
- Group health plans and insurance Co.s cant set
annual or lifetime limits on mental health
benefits if lower than limits set other
conditions. - For example, no impose annual or lifetime limit
on surgery, no limits on mental health benefits.
39Mental Health Parity Act
-
- Two exemptions to this law.
- It does not apply to small employers
(2 to 50 employees) - Group health plans whose costs would increase one
percent or more as a result of compliance. - Penalties for noncompliance 100 per day for
each day a failure occurs.
40Worker Adjustment and Retraining Notification
Act
- Employers with 100 or more full-time employees.
- Provide 60 days written advance notification of
plant closings and mass layoffs to - employees
- bargaining units
- state and local government officials.
41Worker Adjustment and Retraining Notification
Act
- Penalties
- back pay lost benefits
- including medical expenses which would have
otherwise been paid, for up to 60 days - attorneys' fees.
- Class action suits are specifically allowed but
punitive damages will not be awarded.
42Executive Order 11246
- Federal contractors cant discriminate on race,
color, religion, gender, or national origin. - With contracts of 50,000 and more than 50
- Maintain an Affirmative Action Plan regarding
utilization of those in protected classes. - Penalties suspend, terminate or cancel contract
and be ineligible for future federal contracts
43Vocational Rehabilitation Act
- Contract over 10,000
- By any Federal department or agency
- Affirmative action to employ and advance in
employment qualified individuals with
disabilities.
44Drug-Free Workplace Act of 1988
- Requires some Federal contractors and all Federal
grantees to - Provide drug-free workplaces as a precondition of
receiving a contract or grant from a Federal
agency.
45Vietnam-Era Veterans Readjustment Act
- Contract (or sub-contract) in the amount of
25,000 - Contractor take affirmative action to employ
special disabled veterans
46Vietnam-Era Veterans Readjustment Act
- Veterans of
- Vietnam era
- Other veterans who active duty during war
campaign expedition - Campaign badge has been authorized.
47Davis-Bacon Act
- Contract over 2,000
- On
- Public works projects
- Federal Construction contract
- Must pay prevailing wags benefits. Â
48Copeland Anti-kickback Act
- Prohibits federal contractors
- In building construction/repair
- Induce ee. give up compensation
- Contractors submit weekly statement of compliance
49Walsh-Healey Act
- Federal law
- Protects ee govt. contractors
- Contract over 10,000
- Establishes
- Overtime in excess of 8 hrs. (40/wk.)
- Min. wage prevailing wage
- Standards child convict labor
- Sanitation safety standards
50Service Contract Act
- Contracts of 2,500
- Federal contracts using service employees.
- Any employee engaged in performing servicesother
than a bona fide executive, administrative, or
professional. - Pay no less than the prevailing wage rates and
fringe benefits.
51Genetic Information Nondiscrimination Act
- Prohibits employers and health insurance
companies from discriminating against or refusing
coverage to individuals based on the results of
genetic testing. - The employment provisions of the law take effect
in November 2009
52Thank You
- And your questions are
- Copies of the presentation can be found on our
website at www.hrstndassociates.com