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

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Thank You

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