How to Make HR Alphabet Soup. Shellie Haroski, SPHR

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1 How to Make HR Alphabet Soup Shellie Haroski, SPHR

2 Today s Topics Relevant Acronyms to Build HR Alphabet Soup Discuss impact to your organization

3 Title VII Civil Rights Act of 1964 Prohibits discrimination in employment based on: Race Sex/Gender Color Religion National Origin Protects employees 40+ (ADEA) Regulated by EEOC 15 or more employees

4 Title VII Civil Rights Act of 1964 Employment Activities that are covered: Hiring (include EOE statements) Promotions Assignments/Transfers Discipline Training Performance appraisals Benefits, conditions or privileges of employment Any activity that occurs in the employee s life cycle. Penalties back pay, reinstatement, retro seniority, attorney s fees

5 Americans With Disabilities Amendment Act ADAA provides rights for individuals with disabilities and responsibilities for employers: Applies to candidates and employees Prohibits discrimination against qualified individual with a disability because of disability Qualified individuals must be able to perform essential functions of job, with or without reasonable accommodation Disability physical or mental impairment that substantially limits 1 or more major life activities Regulated by EEOC 15 or more employees

6 Americans With Disabilities Amendment Act Essential Function defined: Are other employees required to perform the same function? If you remove the function, would it fundamentally change the job? Does the position exist to perform the job? Are there other employees available to help perform this function of the job? Is the task consistent with the Job Description?

7 Americans With Disabilities Amendment Act Employers need to ensure: Strong Job Descriptions with Essential Functions defined Physical requirements language on each Job Description Proper interview questions around Job Descriptions and performing essential functions, with or without reasonable accommodations Accommodations not intended to create undue hardship to employer Penalties - $55,000 for 1 st violation, compensatory and punitive damages if willful

8 Equal Pay Act Prohibits discrimination in paying one gender more than the other Equal Skills, Equal Effort, Equal Responsibility, Same Working Conditions Equal Pay Regulated by EEOC

9 Equal Pay Act Does this mean that all employees in the same position make the same amount of money? Penalties back pay for up to 2-3 years if willful, liquidated damages equal to back pay

10 Fair Credit Reporting Act Regulates collection, dissemination, and use of consumer credit information: Employers must: Obtain release/signature File disclosure Notify consumer of adverse action Identify the Company providing report Employee opportunity to investigate, dispute, correct or delete inaccurate data Regulated by Federal Trade Commission

11 Fair Credit Reporting Act Employers need to ensure: Authorization obtained Offers of employment should be made contingent upon successful completion Reports should not be run prior to offer as a qualifier Protect data and file in confidential file Penalties $1,000 statutory damages, plus actual damages, punitive and attorneys fees if willful

12 Fair Labor Standards Act - FLSA FLSA regulates Wage and Hour laws: Minimum Wage- $7.25 per hour effective July 24, 2009 Child Labor different laws for different ages Exempt vs. Non-Exempt determined by responsibilities, not titles Employees vs. Independent Contractors Overtime over 40 hours in work week Record Keeping Requirements requirements in personnel file (demographics, workweek, hours worked each day and each week, deductions, regular wages, overtime wages, time and day of week workweek begins, etc.) Regulated by Wage and Hour Division of DOL

13 Fair Labor Standards Act - FLSA Employers need to ensure: Minimum wage Proper Overtime pay Accurate classification exempt/non-exempt, employee/independent contractor Proper documentation, records FLSA Poster compliance Penalties varying costs for different violations, very costly

14 Family Medical Leave Act - FMLA FMLA requires covered employers to grant eligible employees up to 12 weeks of unpaid leave in a 12-month period; job protection. FMLA leave may be taken for: birth or adoption of an employee s child employee to care for a child, spouse or parent with a serious health condition employee is unable to work because of his or her own serious health condition Eligibility: Works in a location with 50 or more employees within 75 mile radius Worked at least 12 months (does not have to be consecutive) Worked at least 1,250 hours during 12 month period preceding leave request Seeks leave to care for self, spouse, parent or child

15 Family Medical Leave Act - FMLA Employers need to be aware: Burden is not on employee Employer should ask employee if they need FMLA leave Time sensitive Required notices and forms Triangular impact of ADA, FMLA, and Workers Comp Ensure detailed tracking of times, doctor s notes, forms, etc. Intermittent medical leave FMLA component military caregiver, qualifying exigency leave Penalties back pay with benefits, reinstatement, attorney s fees

16 GINA prohibits employers and health insurance companies from discriminating against or refusing coverage to individuals based on results of genetic testing Genetic information includes: Information about individual s genetic tests Genetic tests of individuals family members Information about the manifestation of a disease or disorder in individuals family members (family history, increased risk) Regulated by EEOC Genetic Information Nondiscrimination Act - GINA

17 Genetic Information Nondiscrimination Act - GINA Employers need to ensure: File documents appropriately Ensure privacy around PHI Eliminate questions regarding genetic information or disorders Penalties $100/day each affected employee, actions by EEOC and employees

18 Harassment Form of discrimination that violates Title VII of Civil Rights Act of 1964, Age Discrimination in Employment Act of 1967, (ADEA), and Americans with Disabilities Act of 1990, (ADA). Harassment is unwelcome conduct that is based on race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information. Sexual harassment unwelcome sexual advances; requests for sexual favors; other verbal or physical conduct of a sexual nature Harassment becomes unlawful where 1) enduring the offensive conduct becomes a condition of continued employment, or 2) the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive. Regulated by EEOC

19 Harassment Employers need to ensure: Strong anti-harassment policy Foster open communication Provide training and education Demonstrate inclusive culture Penalties lost wages, future lost wages, compensatory, punitive, attorney, reinstatement, employer and individual liability

20 Health Insurance Portability and Accountability Act - HIPAA HIPAA regulates the following: Health Care Access limits exclusions for preexisting conditions Insurance Renewability Antidiscrimination prohibit charging more for conditions Privacy regarding health plans, health care providers, protected health information (PHI) Regulated by US Department of Health and Human Services

21 Health Insurance Portability and Accountability Act - HIPAA Employers need to ensure: Creditable coverage certificate issued (enrollment rights and protections against discrimination) Designate privacy officer File documents appropriately Ensure privacy around PHI Conduct HIPAA training Penalties $100/day each affected employee, actions by DOL and employees

22 Immigration Reform and Control Act IRCA (previously Immigration and Naturalization Service (INS) is responsible for: Promoting national security Eliminating immigration issues Ensuring employment of legally authorized individuals in US Regulated by US Citizenship and Immigration Services

23 Immigration Reform and Control Act Employers need to ensure: Compliance with I-9 within 3 days Audit of all active I-9s Conduct required corrections or obtain new I-9 forms where appropriate Purge I-9s at appropriate times Penalties civil fines, criminal penalties, imprisonment

24 SC Payment of Wages Law Employer shall notify each employee in writing at the time of hiring of the following: normal hours wages agreed upon time and place of payment deductions made from wages, including payments for insurance

25 SC Payment of Wages Law Employers need to ensure: Terms of employment provided to employee on 1 st day, Employee keeps original, Copy to file Maintain record of address, wages, pay records for 3 years Changes to Terms should be communicated in writing on this form 7 days in advance of change, does not apply to compensation changes Penalty - $100 for each violation

26 Uniformed Services Employment and Reemployment Act - USERRA USERRA prohibits discrimination against person because of service in Armed Forces Reserve, National Guard or other uniformed services. Employer cannot deny any benefit due to past, present or future service in uniformed services Protects rights of veterans, reservists, National Guard members, and other members of uniformed services to reclaim civilian employment after being absent due to military service or training Regulated by Veterans Employment and Training Service (VETS) of DOL

27 Uniformed Services Employment and Reemployment Act - USERRA Employers need to ensure: Return employee promptly after completion of service to position they would have achieved Return employee to pay and benefits they would have achieved Penalties lost wages, 2x if willful, reinstatement, lost benefits, attorneys fees, etc.

28 Laws Impacting Federal/Government Contracts or Funding Executive Order Federal contractors can t discriminate on race, color, religion, gender, or national origin, with contracts of $50,000 or 50+ employees AAP - Affirmative Action Plan regarding utilization of those in protected classes VETS reports utilization of past and present armed forces Rehabilitation Act prohibits discrimination based on mental or physical disabilities EEO Reporting 100+ employees and federal contractors with at least 50 employees and contracts of $50,000 annual report breakdown of workforce Drug Free Workplace Act - 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 Penalties suspend, terminate or cancel contract; ineligible for future federal contracts

29 More Acronyms PDA Pregnancy Discrimination Act illegal to discriminate due to pregnancy, childbirth or related conditions, treat same as temporary disability ADEA Age Discrimination in Employment Act - prohibits discrimination in employment against persons age 40 and over (EEOC, over 20 employees) ERISA Employee Retirement Income Security Act regulates provision and administration of benefit plans (health, profit sharing, pension), file annual reports EPLI Employment Practices Liability Insurance provides protection against employee lawsuits CCPA - Consumer Credit Protection Act limits amount of wages to be garnished, 25% disposable pay EPPA - Employee Polygraph Protection Act unlawful to require polygraphs in employment decisions, except in security-sensitive or investigations of workplace incidents

30 More Acronyms OSHA Occupational Safety and Health Act keep workplaces hazard free, safety and health standards, log of injuries/illnesses, post records COBRA Consolidated Omnibus Budget Reconciliation Act continuation of health coverage up to 18 months, longer in some circumstances, ensure sending out proper notices based on number of employees (20 or more employees covered for proceeding 12 months), may be state continuation OWBPA Older Worker s Benefit Protection Act prohibits discrimination in benefits and specific requirements on waivers for employees 40+

31 More Acronyms

32 Shellie Haroski, SPHR

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