Human Resources Best Practices Kenneth M. McGee II, CIC Vice President, Business Solutions Clark-Mortenson Insurance
Overview• Legislative Requirements• Pitfalls• Risk Management Best Practices• What are the top areas we see violations and employers struggle• ADAAA, FLSA, Form I-9
Americans with Disabilities ActAmendment Act (ADAAA)• How are benefits continued during a leave of absence?• How must an individual request a reasonable accommodation?• What must an employer do after receiving a request?• May an employer ask for documentation?• Is an employer required to provide the reasonable accommodation the employee wants?
ADAAA (continued) • How quickly must an employer respond to a request? • Can an employer penalize an employee for time missed, for leave taken as a reasonable accommodation? • Must an employer allow an employee with a disability to work a modified part time schedule? • Is a probationary employee entitled to re-assignment? • Must an employer withhold discipline or termination of an employee who violated a conduct rule?
Fair Labor Standards Act• Why are actual duties rather than job titles or descriptions important when determining exemption?• What does independent discretion and judgment and matters of significance mean in the context of FLSA exemptions?• Why can’t an employer dock an exempt employee’s pay for most partial day absences?• In what situations may you dock an exempt employee for a full day absence?
FLSA (continued)• Can inside Sales employees be exempt?• Break time for Nursing Mothers• Are we required to provide rest and meal periods?• Do we need to pay our employees when they attend lectures, meetings, or training programs?• When do we pay for travel time?• When can I call them independent contractors?
Form I-9• Employers should begin using the newly revised Form I-9 (Rev. 03/08/13)N for all new hires and re-verifications.• Employers may continue to use previously accepted revisions (Rev. 02/02/09)N and (Rev. 08/07/09)Y until May 7, 2013.• After May 7, 2013, employers must only use Form I-9 (Rev. 03/08/13)N.
Form I-9 issues• Do I need to complete a form I-9 for everyone who applies for a job?• Can I fire an employee who fails to produce the required documents within three business days?• May I specify which documents I will accept?• What is my responsibility concerning the authenticity of document(s) presented to me?
Form I-9 (continued)• I noticed on the Form I-9, under List A, there are separate spaces for document numbers and expiration dates.• When I review an employees’ identity and employment eligibility documents, should I make copies of them?• What should I do if I rehire?• What are the requirements for retention?• Does the law apply to employees if I hired them before November 7, 1986?• May I continue to use earlier versions of the Form I-9?
Kenneth M. McGee II, CIC Email me at: firstname.lastname@example.org Follow me on Twitter: @skipmcgee30Connect with me on FB at: facebook.com/KennethMcgeeII