Is It Soup Yet?
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Short & simple presentation created for an HR interview in which I had to demonstrate "knowledge of and experience in human resources." Have you ever tried to summarize employment law in five minutes? Notes contain text from the wikipedia writers and personal memory joggers.
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Is It Soup Yet?
- 2. Is It Soup Yet? by Matthew R Dyer
- 3. ~OR~
- 7. FMLA The Family and Medical Leave Act of 1993
- 9. ADA The Americans with Disabilities Act of 1990
- 11. FLSA The Fair Labor Standards Act of 1938
- 13. COBRA The Consolidated Omnibus Budget Reconciliation Act of 1985
- 15. HIPAA The Health Insurance Portability and Accountability Act
Editor's Notes
- Knowledge of FMLA provides certain employees with up to 12 weeks of unpaid, job-protected leave per year. It also requires that their group health benefits be maintained during the leave. Recognizes the growing needs of balancing family, work, and obligations, and promises numerous protections to eligible employees. Allows up to 12 weeks unpaid time off to care for own illness, a parent, child or spouse who is ill, and for adoption or childbirth Protects benefits and guarantees restoration to the same or an equivalent position upon return. A final rule effective on January 16, 2009, updates the FMLA regulations to implement new military family leave entitlements enacted under the National Defense Authorization Act for FY 2008 Experience with FMLA TEAM America Administered FMLA for over 1,300 clients and 13,000 worksite employees; maintained current knowledge of nationwide FMLA legislation; trained supervisors & HR Consultants on FMLA legislation & procedures. (Show training) Administered at EQR, while administering childbirth, disability, and sometimes W/C which can all overlap. Learned more about how the state processes it through payroll at ODJFS and later at OHFA. Was sought after/recruited as an FMLA specialist at ODJFS because of my specialization in it; turned it down to work with Cheryl Holloway and the payroll department.
- Knowledge of ADA The ADA prohibits, under certain circumstances, discrimination based on disability. Similar protections against discrimination to Americans with disabilities as the Civil Rights Act of 1964, which made discrimination based on race, religion, sex, national origin, and other characteristics illegal. Defines disability as "a physical or mental impairment that substantially limits a major life activity." The determination of whether any particular condition is considered a disability is made on a case by case basis. Certain specific conditions are excluded as disabilities, such as current substance abuse and visual impairment which is correctable by prescription lenses. On September 25, 2008, President George W. Bush signed into law The ADA Amendments Act of 2008 (ADAAA). The ADA states that a covered entity shall not discriminate against a qualified individual with a disability. This applies to job application procedures, hiring, advancement and discharge of employees, workers' compensation, job training, and other terms, conditions, and privileges of employment. Experience with ADA (OHFA, wheelchair access story)
- Knowledge of FLSA FLSA established a national minimum wage, guaranteed time and a half for overtime in certain jobs, and prohibited most employment of minors in "oppressive child labor," a term defined in the statute. On August 23, 2004, controversial changes to the FLSA's overtime regulations went into effect, making substantial modifications to the definition of an "exempt" employee. Low level working supervisors all throughout American industry were reclassified as “executives” and lost over time rights. Federal minimum wage increased to $7.25 on July 24th Experience with FLSA Initially gained at TEAM America, Inc. composing handbooks for clients (show handbook). Learned that comp in the private sector, with few exceptions, is illegal. Coming to the public sector, had to adjust (OHFA, admin staff, comp time accruals)
- Knowledge of COBRA COBRA provides certain former employees, retirees, spouses, former spouses, and dependent children the right to temporary continuation of health coverage at group rates, available when coverage is lost due to certain specific events. Group health coverage for COBRA participants is usually more expensive than health coverage for active employees, since usually the employer pays a part of the premium for active employees while COBRA participants generally pay the entire premium themselves. It is ordinarily less expensive, though, than individual health coverage. Qualifying events include death of the covered employee; involuntary termination or a reduction in hours as a result of resignation, discharge (except for "gross misconduct"), layoff, strike or lockout, medical leave, or slowdown in business operations; divorce or legal separation that terminates the ex-spouse's eligibility for benefits; a dependent child reaching the age at which he or she is no longer covered. Like much of employment law, timelines are important, COBRA imposes different notice requirements on participants and beneficiaries, depending on the particular qualifying event that triggers COBRA rights. COBRA does not, unlike other federal statutes such as the Family and Medical Leave Act (FMLA), require the employer to pay for the cost of providing continuation coverage. Instead it allows employees and their dependents to maintain coverage at their own expense by paying the full cost of the premium the employer previously paid, plus up to a 2% administrative charge (50% for the latter 11 months under the disability extension). The American Recovery and Reinvestment Act of 2009 (ARRA) provides a premium reduction to certain qualified individuals and expanded eligibility for COBRA. Experience with COBRA Limited; mostly through TEAM in client hand-offs, advising HR consultants, and passing along to specialists. (OHFA, employee death story)
- Knowledge of HIPAA Title I protects health insurance coverage for workers and their families when they change or lose their jobs. It amended the Employee Retirement Income Security Act, the Public Health Service Act, and the Internal Revenue Code. Title I also limits restrictions that a group health plan can place on benefits for preexisting conditions. Group health plans may refuse to provide benefits relating to preexisting conditions for a period of 12 months after enrollment in the plan or 18 months in the case of late enrollment. Title II of HIPAA, known as the Administrative Simplification (AS) provisions, requires the establishment of national standards for electronic health care transactions and national identifiers for providers, health insurance plans, and employers. It helps people keep their information private by addressing the security and privacy of health data. Title II requires the Department of Health and Human Services (HHS) to draft rules aimed at increasing the efficiency of the health care system by creating standards for the use and dissemination of health care information. The HIPAA Privacy Rule regulates the use and disclosure of certain information and establishes regulations for the use and disclosure of Protected Health Information (PHI). PHI is any information held by a covered entity which concerns health status, provision of health care, or payment for health care that can be linked to an individual. This is interpreted rather broadly and includes any part of an individual's medical record or payment history. Experience with HIPAA Privacy in HR since day 1 and filing (Unisource – filing I9s, benefits, and employment files separate).