Surviving the Regulatory HR Minefield

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The Department of Labor, (DOL) currently administers and enforces more than 180 federal laws. These laws cover a multitude of work place activities; affecting 10 million employers and their estimated 125 million employees. This information will acquaint you with some of the major labor laws, such as FMLA, ADA, and FLSA.

This webinar was posted on February 29, 2012 and presented by Nancy Edwards, SPHR, HR Manager.

Published in: Business, Career
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Surviving the Regulatory HR Minefield

  1. 1. Surviving theRegulatory MinefieldBy: Nancy Edwards, SPHRFebruary 29, 2012
  2. 2. Important Notice•  I am not an attorney•  This is not a substitute forexperienced legal counsel•  This is not legal advice
  3. 3. Today’s Topics•  What we will review today– Federal Required Postings– Family and Medical Leave Act– Americans with Disabilities ActAmendment Act
  4. 4. Poll•  What is your function ordepartment at your organization?– Human Resources/Administration– Finance– Production– Quality/Regulatory– Other
  5. 5. Federal Law By TheNumbers•  Federal Labor Laws affect allemployers– Additional laws apply as employeeheadcount increases– Employers are required toconspicuously post notices– State laws may require additionalpostings
  6. 6. 1 to 14 Employees•  Federal Labor Laws for Employers of 1-14 Employees:–  Civil Rights Act of 1964–  Civil Rights Act of 1991–  Employee Polygraph Protection Act 1988–  Employee Retirement Income Security Act 1974–  Equal Pay Act 1963–  Fair Labor Standards Act 1938–  Health Insurance Portability and Accountability Act 1996–  Immigration Reform & Control Act 1986–  National Labor Relations Act 1935–  Occupational Safety & Health Act 1970–  Uniformed Services Employment & Re-employment Rights Act1994
  7. 7. 15+ Employees•  Equal Employment OpportunityAct 1972•  Title I, Americans with DisabilitiesAct 1990•  Pregnancy Discrimination Act
  8. 8. 20+ Employees•  Age Discrimination in EmploymentAct 1967•  Consolidated Omnibus BudgetReconciliation Act 1985
  9. 9. 50+ Employees•  Family and Medical Leave Act1993•  EEO-1 Report for federalcontractors (with 50 or moreemployees)
  10. 10. 100+ Employees•  Worker Adjustment & RetrainingNotification Act 1989•  EEO-1 Report for all employers
  11. 11. Required Federal LawPosting•  Federal labor law posting requirements(each State may have additional postingrequirements):–  Employee Polygraph Protection Act–  Federal Minimum Wage (FLSA)–  OSHA–  USERRA–  EEOC–  FMLA–  National Labor Relations Act
  12. 12. Poll•  Is the revised Federal poster thatincludes the new NLRB noticedisplayed in your workplace?– Yes– No– What revised poster??
  13. 13. Employee PolygraphProtection Act•  Employee Polygraph ProtectionAct–  Established in 1988–  Generally prevents private sectoremployers from using lie-detectortests–  Enforced by the Wage and HourDivision of the DOL
  14. 14. FLSA•  Fair Labor Standards Act– Established in 1938– Establishes the minimum wage– Some states have a higherminimum wage—check your state’sminimum wage– Establishes overtime pay for non-exempt employees
  15. 15. OSHA•  Occupational Safety and HealthAct– Enacted in 1970– An agency of the DOL– Enforces whistleblower statutes– Exemptions
  16. 16. USERRA•  Uniformed Services Employmentand Reemployment Rights Act– Enacted in 1994– Protects servicemembers’reemployment rights– Prohibits discrimination based onmilitary service or obligation
  17. 17. EEOC•  Equal Employment Opportunity Act 1972–  Improves Title VII’s effectiveness since its enactment in1964–  EEOC has litigation authority (EEOC can suenongovernment respondents → You)–  Educational institutions were included–  State and local governments are no longer exempt–  The Federal government is not included–  Number of employees needed is reduced from 25 to 15–  Charging parties have a longer time to file charges (180calendar days rather than 90 days)
  18. 18. GINA•  Genetic Information Nondiscrimination Actof 2008–  Took effect November 21, 2009–  Included in the EEOC posting–  Forbids discrimination on the basis of geneticinformation in regards to employment–  Prohibits harassment because of geneticinformation–  Generally unlawful to obtain geneticinformation
  19. 19. FMLA•  Family and Medical Leave Act–  The Family and Medical Leave Act of 1993 (FMLA) provides a meansfor employees to balance their work and family responsibilities bytaking unpaid leave for certain family and medical reasons–  The FMLA provides an entitlement of up to 12 weeks of job-protected,unpaid leave during any 12-month period to eligible, coveredemployees–  FMLA also requires that the employees group health insurancecoverage be maintained under the same terms and conditions duringthe leave as if the employee had not taken leave.–  Covered employers are required to post a notice for employeesoutlining the basic provisions of the FMLA–  If a covered employer has any eligible employees, it must also providegeneral notice to each employee by including the notice in employeehandbooks or other written guidance to employees concerning benefitsor leave rights
  20. 20. NLRB•  National Labor Relations Act– As of April 30, 2012, most privatesector employers must post notice– Failure to post notice may result in acharge of an unfair labor practice
  21. 21. FMLA•  Family and Medical Leave Act–  Applies to employers who have at least 50employees (F/T, P/T, Temps) for at least 20weeks in the current or preceding year–  Applies to employees who have been employedby a covered employer for at least a total of 12months (not necessarily consecutive) and hasworked at least 1,250 hours in the 12 monthsimmediately preceding the leave
  22. 22. FMLA•  Eligible employees are entitled to take up to 12weeks of unpaid leave per 12 month period•  For:–  Birth, adoption, or placement for foster care of a child–  To care for a spouse, child, or parent with a serioushealth condition–  To care for their own serious health condition–  To handle exigent circumstances related to eligiblefamily members called to active federal military servicein a foreign country–  To care for immediate family member or next of kinseriously injured servicemember (this qualifies for a 26week period per injury or each injured servicemember)
  23. 23. FMLA: Employee Do’s•  The employee must:–  Provide employer with sufficient information toindicate their need for FMLA leave•  Employee need not specifically mention“FMLA”, “serious health condition”,“qualifying exigency” or other terminology•  Simply saying “I’m sick” or “my child has acold” is not sufficient–  Inform the employer within 30 days of theneed or as soon as practicable
  24. 24. FMLA: Employer Do’s•  The employer must:–  Respond to the employee within five businessdays of the request for leave–  If leave is denied, give the employee thereason for the denial–  Give the employee at least 15 calendar days toreturn a completed medical certification–  Give the employee written designationnotification within five business days ofreceiving medical certification
  25. 25. ADAAA•  Americans With Disabilities Act Amendment Act–  ADA enacted in 1990–  ADAAA took effect on 1/1/2009–  Employment actions before that date are judged by theprior ADA requirements–  ADA was enacted to protect disabled persons fromdiscrimination in numerous areas, including employment–  Applies to employers that had at least 15 or moreemployees for 20 or more calendar weeks in the currentyear or the preceding calendar year (weeks need not beconsecutive)
  26. 26. ADAAA Requirements•  Employer requirements–  Employers may not discriminate against a qualifiedindividual on the basis of a disability–  Employers must provide reasonable accommodationunless the accommodation would impose an unduehardship–  Employers must not tolerate any workplace harassment–  Employers must prohibit retaliation against individualswho have complained about discrimination–  Employers must protect all medical information of allemployees (disabled or not)
  27. 27. What is a Disability?•  Under the ADAAA a person has a disabilityif the person fulfills at least one of thefollowing:–  Has a physical or mental impairment thatsubstantially limits one or more major lifeactivities–  Has a record of such an impairment–  Is regarded by the employer as having such animpairment
  28. 28. What is not a Disability?•  Samples of what is not a disability– Physical attributes– Personality characteristics– Use of illegal drugs– Social conditions– Certain dangerous disorders
  29. 29. What is a Major LifeActivity?•  Major life activities include:–  Walking–  Seeing–  Hearing–  Speaking–  Breathing–  Learning–  Working–  Sitting–  Standing–  Lifting–  Reading
  30. 30. ADAAA: What To Do•  Update your job descriptions•  Know what could be a covereddisability•  Actively discuss requests foraccommodation•  Assess the reasonableness of therequested accommodation•  Document
  31. 31. Questions?Nancy Edwardsnedwards@gnapartners.com713-235-8293
  32. 32. Citations•  www.dol.gov•  www.nlrb.gov•  www.eeoc.gov•  www.hrlaws.com

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