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Alphabet Soup of HR Compliance

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Title: Alphabet Soup of HR Compliance


1
Alphabet 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

2
Civil 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

3
Civil 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

4
Consumer 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

5
Employee 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

6
Employee 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

7
Equal 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.

8
Fair 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.

9
Fair 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

10
Fair 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.

11
Federal Insurance Contributions Act of 1935
  • Must withhold taxes from pay. Taxes include the
    following
  • Income tax withholding (FITW)
  • Unemployment taxes (FUTA)

12
HIPAA
  • 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.

13
Immigration 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.

14
National 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.

15
Newborns' 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.

16
Occupational 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.

17
Occupational 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.

18
Sarbanes-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.

19
Sarbanes-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.

20
Uniform 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.

21
Uniformed 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

22
Uniformed 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

23
Uniformed 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).

24
OSHA 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.

25
Title 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.

26
Americans 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.

27
Americans 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

28
Age 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.

29
Age Discrimination in Employment Act
  • Voluntary retirements with very specific
    conditions allowed.
  • Penalties
  • Back pay
  • Reinstatement
  • Retroactive seniority
  • Attorney's fees.
  • Liquidated damages willful.

30
COBRA
  • 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

31
Family 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

32
Family 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

33
Family 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

34
Family 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

35
Family 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.

36
Family 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.

37
EEO-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

38
Mental 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.

39
Mental 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.

40
Worker 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.

41
Worker 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.

42
Executive 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

43
Vocational Rehabilitation Act
  • Contract over 10,000
  • By any Federal department or agency
  • Affirmative action to employ and advance in
    employment qualified individuals with
    disabilities.

44
Drug-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.

45
Vietnam-Era Veterans Readjustment Act
  • Contract (or sub-contract) in the amount of
    25,000
  • Contractor take affirmative action to employ
    special disabled veterans

46
Vietnam-Era Veterans Readjustment Act
  • Veterans of
  • Vietnam era
  • Other veterans who active duty during war
    campaign expedition
  • Campaign badge has been authorized.

47
Davis-Bacon Act
  • Contract over 2,000
  • On
  • Public works projects
  • Federal Construction contract
  • Must pay prevailing wags benefits.  

48
Copeland Anti-kickback Act
  • Prohibits federal contractors
  • In building construction/repair
  • Induce ee. give up compensation
  • Contractors submit weekly statement of compliance

49
Walsh-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

50
Service 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.

51
Genetic 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

52
Thank You
  • And your questions are
  • Copies of the presentation can be found on our
    website at www.hrstndassociates.com
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