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