Compliance Survival Tool KitTerri Swain

March 2015

What you don’t know CAN hurt you….

Regulatory climate:

Changing Fast

Aggressive

“I didn’t know” not a

valid defense

All employers – regardless of size

Fair Labor Standards Act• Regulates Federal Minimum Wage - $7.25

• Be aware of City/State Minimum Wage

• Direct Federal contracts entered into post 1/15 - $10.10

• Requires the payment of overtime to non-exempt employees

• Requires posting of the minimum wage

• Enforcement: Department of Labor’s Wage and Hour Division/State agencies

• Penalties: Back Pay, interest

All Employers

Immigration and Reform Control Act (IRCA)• I-9 Filled out for all employees within first 3 days of employment

• E-Verify utilized if federal contractor or in certain states

• Enforcement: Department of Homeland’s Immigration and Customs Enforcement (ICE)

• Penalties: Substantial fines for incorrect paperwork and hiring undocumented workers

11 or More Employees

• Occupational Safety and Health (OSHA)• Keep records of injuries/illnesses

• Meet OSHA standards

• Post OSHA required poster

• Fill out form 300 and submit annually to Bureau of Labor Statistics

• Enforcement: Department of Labor OSHA

• Penalties: Fines

15 or more employees

Title VII of the Civil Rights Act as amended• Prohibits Discrimination due to race, color, sex, national origin and religion

• Sex includes pregnancy and sexual harassment

The Genetic Information Non-Discrimination Act (GINA)• Non discrimination based on genetic information

Americans with Disabilities Act (ADAAA)• Non discrimination based on disability• Requires reasonable accommodations

Enforcement: The United States Equal Employment Opportunity Commission (EEOC) and various state agencies• Requires postings • Individuals file charges within 180/300 days or Commissioner’s charges• Penalties: Back pay, civil penalties

20 or more Employees

The Age Discrimination in Employment Act• Protects workers 40 and older

• Enforced by EEOC

Consolidated Omnibus Budget Reconciliation Act (COBRA)• Ability to continue on a health plan if there is a loss of

group health benefits

• Requires notices to terminated employees

• Enforced by Department of Labor

Older Workers Benefit Protection Act (OWBPA)• Notice required if an employee is to waive his/her rights

under the ADEA

• Enforced by EEOC

50 or more employees

Family and Medical Leave Act (FMLA)• Up to 12 weeks of unpaid FMLA leave for eligible employees

• Military Caregiver Leave

• Posting notices

• Record keeping requirements

• Enforcement: US Department of Labor and Various State Agencies

• Penalties: Back pay, fines

50+ with a Federal Contract/Subcontract

• Affirmative Action Regulations – Executive Order 11246, Section 503, VEVRAA

• If the contract is $50K or more or the subcontract is $10K or more

• How do you know if you are covered?• Contractual

• Audit Letter shows up on your desk

Affirmative Action Requirements

• Annual written plan

• Extensive record keeping• Current employees

• Employment Activity: hires, promotions, terminations

• Applicant tracking and reporting

• Compensation equity

• Demonstrated outreach• Minorities

• Females

• Veterans

• Disabled

• Posting compliance and notices• See checklist

Affirmative Action Enforcement

• US Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP)

• Some states and municipalities• State of Minnesota – requirements greater than Federal

• Penalties: Process change, back pay

OFCCP’s VEVRAA and SECTION 503 regulations March 2014

• Worthy objective: employing

protected Veterans and individuals

with disabilities

• MORE HR paperwork!!

• ADA conflict?

The Paperwork: Updated Requirements

Collection of Veterans/Disability Status• Applicant

• Post Hire

• Employee Survey

Forms Matter• IWD

Kept Separately• Electronic OK

Retention• 3 years

Employers with 100 or more employees

EEO-1 filing • Governmental Entities file an EEO-4

• Schools file an EEO-5

• Enforced by EEOC

• Fines for non filing

• Workers Adjustment and Retraining Notification Act (WARN)/Plant Closing Law• Requires 60 day notice when there is a plant closing or significant layoff

• Enforced by US Department of Labor

Government Reporting: Veterans

Requires Survey of Existing Employees for employers with $100,000 + in federal contracts regardless of employee sizeVETS 100 filing is goneVETS 100A going away in 2015NEW: VETS 4212 in 2015

• Reporting of PROTECTED Veterans only – existing and hired

• Forms can be changed to Yes/No pre and post hire

Coming Attractions

Sexual orientation/gender identity statuses• Recognition that transgender and gender identity issues

are a form of sex discrimination – EEOC and OFCCP

• Gender identity April 2015 add to policy statements

Pay equity surveys – 2016 ?

Pay Transparency - 2015 for federal contractors

Identification of violations in the bidding process• “Blacklisting” of contractors

Ban the box in pre-employment

Have Additional Questions?terri@thehrconsultant.com

817-887-8009