Alphabet Soup

1. Alphabet Soup FMLA, EEOC, ADA, HIPAA, AAP, FCRA, OSHA, NLRA, ERISA, FICA, COBRA, GINA, WARN HRS/TND Associates, Inc. – a SECURUS Company Thomas N. Dondore, SPHR www.hrstndassociates.com

2. Alphabet Soup Employment Law & Compliance for Every Supervisor

3. An Embarrassing Quiz • Please answer these questions with either a “T” if True or a “F” if False • We will look for answers as we progress through this seminar. • Scored reports will be sent to your employer!

4. 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.

5. Immigration Reform and Control Act • Prohibits employment of individuals not legally authorized to work in the US • Or in an employment classification that they are not authorized to fill. • Employers must certify (using I-9 form) within three days of employment identity & eligibility. • I-9 retained for 3 years after employment or 1 year after termination, whichever is later. • Do not keep in the employee’s file!!!!!

6. 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

7. Uniformed Services Employment & Reemployment Rights Act • Applies to Military and Reserves • 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).

8. 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

9. 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

10. Equal Pay Act of 1963 • Prohibits discrimination by paying one gender more than the other … • Provided 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.

11. 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

12. 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.

13. The Taft-Hartley Act created to balance collective bargaining in 1947 • The bill prohibited the following: • Closed shops – except building trades • Union shops in states with right-to-work laws • Upheld workers rights to select members of their own choosing; thus, intimidation, violence, and fraud became illegal (section 7) • Collusion with the company to violate section 7 rights were forbidden • Outlawed jurisdictional strikes • Any picketing to support sympathy on jurisdictional strikes and secondary boycotts • Prohibited members from losing employment because they were expelled from their Unions

14. Right to Work States 22 States

15. Employee Retirement Income Security Act • Huge, all encompassing law passed in 1974 – often amended • 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

16. Uniform Guidelines on Employee Selection Procedures • Not really a law • 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.

17. Federal Insurance Contributions Act of 1935 • Must withhold taxes from pay. • Taxes include the following: • Income tax withholding (FITW) • Social Security and Medicare taxes (FICA) • Unemployment taxes (FUTA)

18. HIPAA • Protects against exposure to employee health information & status. • Leaving a company, must be given certificate of creditable coverage. • Includes: • restrictions on preexisting conditions • special enrollment rights & protections against discrimination. • Penalties: $100 per day for each affected employee. • Actions against non-complying plans may be brought both by participants & DOL.

19. 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. • Can’t discharge those who refuse job that places them at risk of injury or exposes a hazard.

20. OSHA Recordkeeping • Maintain data on OSHA 300 for all work-related injuries and illnesses. • Post the OSHA 300A with summary data (02/01 thru 04/30) • $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.

21. Civil Rights Act of 1964 Title VII • Protected group by age 40 to 70 • No forced retirement until age 70 • Purpose is to "level the playing field“ • Prohibits discrimination on the basis of: • race • color • age • gender

22. Title VII • Applies to employers with 15 or more. • Penalties: • Intentional discrimination, may seek a jury trial • Compensatory and punitive damages, attorney’s fees • Remedies: back pay, reinstatement, and retroactive seniority are availablewhether intentional or disparate impact.

23. Immigration Act 1952 • Moved away from country of origin • Anyone remotely associated communism • Focused on denying immigrants who were: • Unlawful • Immoral • Diseased • Politically radical

24. 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.

25. 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

26. 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 took effect in November 2009 • Penalties for noncompliance: $100 per day for each day a failure occurs.

27. 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.

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

29. Lilly Ledbetter Fair Pay Act • Amends 180-day statute of limitations for complaint filing • Resets w/ each discriminatory act • Employers should audit: • Compensation system • Job evaluation process • Pay structure • Performance management system • Compensation guidelines

30. Pregnancy Discrimination • Can’t have special procedures for pregnancy-related conditions • Pregnancy same as any disability • EE may work as long as she wishes • Can’t establish amount of time off • Cannot be limited to married women

31. 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

32. 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

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

34. 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.

35. 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

36. EEO-1 Report • Employer Information Report • Count ee’s by category & race, gender, ethnicity • File with EEOC & OFCCP • All private employers if Title VII & 100 • Not … state & local & schools & Native Americans

37. Mental Health Parity Act • Mental health benefits parity with medical/surgical benefits • Co-pays; deductibles • Employer decides extent & scope of benefits • Does not include substance abuse

38. Worker Adjustment and Retraining Notification Act (WARN) • 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.

39. 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.

40. Executive Order 11246 • Federal contractors • 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.

41. 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.

42. 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.

43. Vietnam-Era Veterans Readjustment Act • Contract (or sub-contract) in the amount of $25,000 • Contractor take affirmative action to employ special disabled veterans • Veterans of: Vietnam era Other veterans who in active duty during war; campaign; expedition Campaign badge has been authorized.

44. QUESTIONS?? • Thank you for your attention and participation. Tom Dondore, SPHR www.hrstndassociates.com