So You Are The HR Manager?
HR Boot Camp for Small Business
©J. Edward Enoch, P.C. 2011
September 21, 2011
Employment Status—hiring, firing and everything in between
Compensation and Benefits—FLSA and ERISA
Working Conditions—OSHA and EEOC
Compliance—Immigration, HIPPA, Postings
HR Issues
You don’t have to come to work and I don’t have to keep you at work
Applies in both Georgia and South Carolina
Aggressively protected by the Courts
Can be modified by contract Terminate for any reason so
long as it does not violate Federal law
Employment at Will
Alphabet Soup of – Laws: ADA, ADEA, FMLA, FLSA,
ERISA, COBRA, HIPAA, ICE, USERRA, NLRA, OSHA
And– Agencies: EEOC, DOL, ICE, OSHA,
IRS, WHD
Federal Law
Enforced by the Equal Employment Opportunity Commission (EEOC)
15 employees or more Protect employees from
discrimination on basis of race, color, religion, sex or national origin
Applies to hiring, termination, pay, promotion, and terms and conditions of employment
Title VII of the Civil Rights Act of 1964 (Title
VII)
Sexual harassment claims– Quid Pro Quo– Hostile Work Environment
File claim with EEOC, then State/Federal Court
Title VII of the Civil Rights Act of 1964
Title VII of the Civil Rights Act of 1964 (Title
VII)
Enforced by the EEOC 20 employees or more Forbids age discrimination against
people who are age 40 or older Age Discrimination
Age Discrimination in Employment Act (ADEA)
Enforced by the EEOC 15 employees or more Outlaws discrimination based
on disability Applies to all aspects of
employment just like Title VII What disability means
Americans with Disabilities Act (ADA)
Reasonable accommodation File claim with EEOC, then
State/Federal Court Disability Discrimination
Americans with Disabilities Act (ADA)
Enforced by Federal DOL Wage and Hour Division (WHD)
50 employees or more Allow employees paid or unpaid
leave for – Employee medical conditions– Birth– Adoption or foster care of child– Medical care for child, spouse or
parent
Family and Medical Leave Act (FMLA)
Eligible employees allowed 12 weeks during 12 month period
Critical that FMLA notice is given timely
U.S. DOL Family and Medical Leave Act
Family and Medical Leave Act (FMLA)
Enforced by Federal DOL WHD Establish minimum wage Provide overtime pay Exempt vs. Non-exempt
employees “Compensatory” time U.S. DOL-Fair Labor Standards A
ct (FLSA)
Fair Labor Standards Act (FLSA)
Enforced by the Federal DOL and IRS
Covers employer provided pension and health care plans
Includes COBRA and HIPAA U.S. DOL - ERISA
Employee Retirement and Income Security Act
(ERISA)
Consolidated Omnibus Reconciliation Act (COBRA)– Enforced by the Federal DOL– 20 employees or more– Health care coverage for up to 18-
36 months depending on qualifying event
Employee Retirement and Income Security Act
(ERISA)
Consolidated Omnibus Reconciliation Act (COBRA) continued . . .– Recipient pays cost of coverage
and up to 2% admin charge– Critical to give proper notice– Not just termination—termination
of benefits (ex. divorce, death)– U.S. DOL - COBRA
Employee Retirement and Income Security Act
(ERISA)
Health Insurance Portability and Accountability Act (HIPAA)– Reduces or eliminates waiting
periods on pre-existing conditions moving from plan to plan
– Protects privacy of medical information (generally does not apply to employers)
– U.S. DOL - Portability of Health Coverage
Employee Retirement and Income Security Act
(ERISA)
Enforced by Immigration and Customs Enforcement (ICE)
No minimum employee requirement
I-9 Employment Eligibility Verification
For every employee To verify eligibility to work Important to avoid document
abuse or national origin discrimination
Immigration
Enforced by the Federal DOL Prohibits discrimination based
on military status (i.e. Reserves or Guard)
Mandates re-employment for returning service members
Must give notice at time leave for deployment
Uniform Services Employment and
Reemployment Rights Act (USERRA)
Must request reinstatement within certain time periods depending on the time away (generally 90 days from release of active duty)
Employer must restore to position and compensation employee would have had if they stayed with company
Make-up provisions for pension plans
Uniformed Services Employment and Reemployment Rights Act
Uniform Services Employment and
Reemployment Rights Act (USERRA)
Enforced by the National Labor Relations Board (NLRB)
No minimum employee requirement
Protects the right of employees to organize and bargain collectively
NLRB
National Labor Relations Act (NLRA)
Enforced by the Federal DOL Organizational Health and Safety Administration (OSHA)
No minimum employee requirement
Laws and regulations intended to provide a safer workplace
Occupational Safety and Health Administration
Organizational Health and Safety Act (OSHA)
What’s left after the alphabet soup is gone?
State Law
Provides reduced income on termination of employment
Not eligible if quit or get terminated for cause (in theory)
Adjudicated through administrative agency
Employers | Georgia Department of Labor
South Carolina Department of Employment and Workforce
Unemployment
No fault system of injury compensation
Must have insurance if greater than 3 employees (GA) or 4 employees (SC)
Adjudicated through administrative agency
Defended by Worker’s Compensation carrier
SCWCC Home Georgia Worker's Comp Board
Workers’ Compensation
E-verify phased in for Georgia starting in January with >500 employees, <10 employees never applies
E-verify starts for all employers in South Carolina in January
Georgia and South Carolina Immigration
Questions?PowerPoint can be downloaded at
www.enochlaw.com