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 HRS/TND Associates, Inc.

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 HRS/TND Associates, Inc.

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 attorney’s fees HRS/TND Associates, Inc.

4. Consumer Credit Protection Act • Can’t terminate for garnishments for any one indebtedness • Two or more do allow termination • Penalties: fines up to $1,000, 1 year imprisonment or both HRS/TND Associates, Inc.

5. Employee Polygraph Protection Act • Can’t 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 HRS/TND Associates, Inc.

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 HRS/TND Associates, Inc.

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. HRS/TND Associates, Inc.

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. HRS/TND Associates, Inc.

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 HRS/TND Associates, Inc.

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. HRS/TND Associates, Inc.

11. Federal Insurance Contributions Act of 1935 • Must withhold taxes from pay. Taxes include the following: • Income tax withholding (FITW) • Unemployment taxes (FUTA) HRS/TND Associates, Inc.

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. HRS/TND Associates, Inc.

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. HRS/TND Associates, Inc.

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. HRS/TND Associates, Inc.

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. HRS/TND Associates, Inc.

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. HRS/TND Associates, Inc.

17. Occupational Safety and Health Act • Can’t 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. HRS/TND Associates, Inc.

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. HRS/TND Associates, Inc.

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 can’t diversify accounts during the blackout. • Penalties: Plan Administrators with no blackout notice fined up to $100 a day per affected participant/beneficiary. HRS/TND Associates, Inc.

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. HRS/TND Associates, Inc.

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 HRS/TND Associates, Inc.

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 HRS/TND Associates, Inc.

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). HRS/TND Associates, Inc.

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. HRS/TND Associates, Inc.

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. HRS/TND Associates, Inc.

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. HRS/TND Associates, Inc.

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 HRS/TND Associates, Inc.

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. HRS/TND Associates, Inc.

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. HRS/TND Associates, Inc.

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 HRS/TND Associates, Inc.

31. Family and Medical Leave Act • Employed 12 monthswith 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 HRS/TND Associates, Inc.

32. There is no list of “serious health conditions: Six general conditions: > Hospital Care > Pregnancy > Absence + Treatment > Multiple Treatments > Permanent Long-term w. Supervision > Chronic Condition Requiring Treatment The determination is made by employee or family member’s doctor Family and Medical Leave Act HRS/TND Associates, Inc.

33. Family and Medical Leave Act • Employers required to: 1. Allow eligible ee’s 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 HRS/TND Associates, Inc.

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 HRS/TND Associates, Inc.

35. Family and Medical Leave Act • Penalties: • Back pay and benefits with interest • Reinstatement and/or promotion • Attorney’s 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. HRS/TND Associates, Inc.

36. Family and Medical Leave Act2008 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. HRS/TND Associates, Inc.

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 HRS/TND Associates, Inc.

38. Mental Health Parity Act • Group health plans and insurance Co.’s can’t 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. HRS/TND Associates, Inc.

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. HRS/TND Associates, Inc.

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. HRS/TND Associates, Inc.

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. HRS/TND Associates, Inc.

42. Executive Order 11246 • Federal contractors can’t 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 HRS/TND Associates, Inc.

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. HRS/TND Associates, Inc.

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. HRS/TND Associates, Inc.

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 HRS/TND Associates, Inc.

46. Vietnam-Era Veterans Readjustment Act • Veterans of: • Vietnam era • Other veterans who active duty during war; campaign; expedition • Campaign badge has been authorized. HRS/TND Associates, Inc.

47. Davis-Bacon Act • Contract over $2,000 • On: • Public works projects • Federal Construction contract • Must pay prevailing wags & benefits. HRS/TND Associates, Inc.

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

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 HRS/TND Associates, Inc.

50. Service Contract Act • Contracts of $2,500 • Federal contracts using “service employees.” • Any employee engaged in performing services…other than a bona fide executive, administrative, or professional. • Pay no less than the prevailing wage rates and fringe benefits. HRS/TND Associates, Inc.