KNOW YOUR RIGHTS IN THE WORKPLACE · Workers’ Compensation Provider Name, Mailing Address &...

KNOW YOUR RIGHTS IN THE WORKPLACE

SOUTH CAROLINA & FEDERALPRINTABLE LABOR LAWS

For more information please call 1-800-745-9970

South Carolina Labor LawsQuestions? Learn more by calling 1-800-745-9970

Official Print Size - 8.5” x 11”Compliance Ready - Do Not Scale

WORKERS’ COMPENSATION

WORKERS’ COMPENSATION

Workers’ Compensation Provider Name, Mailing Address & Claims Telephone Number:

SOUTH CAROLINA WORKERS’ COMPENSATIONIF YOU ARE INJURED ON THE JOB, YOU SHOULD:

1. Notify your employer at once. You can’t receive benefits unless your employer knows you’reinjured.

2. Tell the doctor your employer sends you to that you’re covered by workers’ compensation.

3. Notify the Workers’ Compensation Provider listed on this poster or the South Carolina Workers’Compensation Commission at 803.737.5700 if you experience undue delays or problems withyour claim.

WORKERS’ COMPENSATION:

1. Pays 100% of your medical bills and some other expenses.

2. Compensates you for 66 2/3% of your salary, limited to the maximum wage set by law,if you are unable to work for more than seven (7) calendar days.

WE ARE OPERATING UNDER AND SUBJECT TO THE SC WORKERS’ COMPENSATION ACT

In case of accidental injury or death to an employee, the injured employee, or someone acting in his or her behalf, must give immediate notice to the employer or general authorized agent. Failure to give such immediate notice may be the cause of serious delay in the payment of compensation to the injured employee or his or her dependents and may result in failure to receive any compensation benefits under the law.

SC Workers’ Compensation CommissionPO Box 1715, 1333 Main Street, Suite 500

Columbia, SC 29201803-737-5700

www.wcc.sc.gov February 20, 2014

South Carolina State Accident Fund800 Dutch Square Blvd. Suite 160Columbia, SC 29210-7317

Phone: (803) 896-5800



DISCRIMINATION

SOUTHCAROLINALAWPROHIBITS

DISCRIMINATIONBASEDON:

RACE,RELIGION,COLOR,SEX,AGE,NATIONALORIGINORDISABILITY

WHATISCOVEREDUNDERTHELAW:• EMPLOYMENT

• RETALIATION AS A RESULT OFFILING A CLAIM

If you feel that you have been discriminated against, please contact us.

SOUTH CAROLINA HUMAN AFFAIRS COMMISSION

1026SUMTERST.,SUITE101COLUMBIA,SC29201

WWW.SCHAC.SC.GOV

PHONE:803-737-7800TOLL-FREE:1-800-521-0725

EQUAL EMPLOYMENT OPPORTUNITY IS THE LAW

LALEYDELACAROLINADELSURPROHÍBE

DISCRIMINACIÓNBASADAEN:

RAZA,RELIGIÓN,COLOR,SEXO,EDAD,ORIGENNACIONALOINCAPACIDAD

LOQUEESTACUBIERTOBAJOLALEY:• EMPLEO

• ACCIÓN VENGATIVA DESPUÉS DEPRESENTAR UNA QUEJA

Si usted siente que ha sido discriminado contactarnos.

LA COMISIÓN DE ASUNTOS HUMANOS DE CAROLINA DEL SUR

1026SUMTERST.,SUITE101COLUMBIA,SC29201

WWW.SCHAC.SC.GOV

TELÉFONO:803-737-7800NUMEROGRATIS:1-800-521-0725

IGUALDAD DE OPORTUNIDADES DE EMPLEO ES LA LEY



UNEMPLOYMENT INSURANCE

UNEMPLOYMENT INSURANCE

AbbevilleAiken

AndersonBarnwellBeaufort

BennettsvilleCamden

CharlestonChesterClinton

ColumbiaFlorenceGaffney

GeorgetownGreenville

GreenwoodHamptonHartsville

HorryKingstreeLancasterLexington

LibertyMarion

Moncks CornerNewberry

OrangeburgRock HillSeneca

SpartanburgSummerville

SumterUnion

WalterboroWinnsboro

This establishment may be covered by the S.C. Unemployment Compensation

Law.

If you become unemployed, contact your local SCWorkscenterforassistancewithemploymentopportunities. If no job is immediately available, you may be eligible for unemployment insurance. Apply online anytime, anywhere at mybenefits.dew.sc.gov.

If only part time work is available, you may be eligible for partial benefits. For questions concerning unemployment insurance benefits, contact:

SC Department of Employment and Workforce UI Policy and Procedure Unit at

1-866-231-1724

Workers Pay No Part of the Cost for

Unemployment Insurance

Unemployment Insurance Tax:Often unemployed workers tell us that unemployment insurance is due them “because they have paid for it.” This is not true. Not one cent is deducted from yourpayinSouthCarolinatocoverunemploymentinsurance. Your employer pays the entire unemployment insurance tax.Social Security TaxDon’tconfuseunemploymentinsurancewithold-age, survivors and disability insurance. The amount deducted from your wages as social security is your contribution to old-age, survivors and disability insurance. The employer contributes an equal amount, in addition to his payment of the full unemployment insurance tax. For questions concerning unemployment insurance tax, contact:If you have lost your job due to domestic violence, there is a possibility you may be eligible for unemployment insurance benefits.

Employer Status Section at

(803) 737-3075SC Department of Employment

and Workforce1550 Gadsden StreetColumbia, SC 29202

www.dew.sc.govemail to [email protected]



PAYMENT OF WAGES, CHILD LABOR AND RIGHT-TO-WORK LAWS

Payment of Wages ActWhenanemployeeishired,theemployermustnotifythe employee in writing of:

• thewagesagreedupon• thenormalhourstheemployeewillwork• thetimeandplacewageswillbepaid• thedeductionsanemployermaymakefromwages,

including insurance

Changes to these terms must be in writing at least seven calendar days before they become effective.

Employers must pay employees all wages due each pay period.

Employersmustalsogiveemployeesanitemizedstatement showing gross pay and all deductions made each pay period and maintain records of wages paid for three years.

EmployerswhoviolatethePaymentofWagesActaresubject to a civil penalty of $100 for each violation. Employees can recover up to three times the full amountofunpaidwages,costs,andattorney’sfeesina civil action.

To report a suspected violation, or for recordkeeping orotherquestionsinvolvingthePaymentofWagesAct,ortoorderacopyofthePaymentofWagesAct,pleasecontacttheOfficeofWagesandChildLaboratthe address and number listed below.

Child LaborNo employer in this state shall engage in any oppressive child labor practices. Oppressive child labor includes employment of any minor in any occupation declared by the director of Labor, Licensing and Regulationtobeparticularlyhazardousordetrimentalto the health or well being of minors. Oppressive child labor also includes employment of minors who are 14 or15yearsoldunderthefollowingconditions:• Duringschoolhours• Before7a.m.orafter7p.m.(9p.m.duringtheperiod

of summer break of the school district in which theminor resides)

• Morethan18hoursduringschoolweeks

• Morethan3hoursonschooldays• Morethan40hoursinnon-schoolweeks• Morethan8hoursonnon-schooldays

For details involving child labor provisions, please contacttheOfficeofWagesandChildLaborat:SCDepartmentofLabor,LicensingandRegulationOfficeofWagesandChildLaborPOBox11329,Columbia,SC29211-1329Phone:803-896-4470,www.llronline.com

Right-to-WorkTherighttoworkofapersoninSouthCarolinacannotbe denied, interfered with, or abridged because the person belongs - or does not belong - to a labor union. Anemployer,labororganization,orotherpersonwhoviolatesaworker’srightsundertheseprovisionsisguilty of a misdemeanor, and, upon conviction, must be punished by imprisonment for not less than 10 daysnormorethan30days,afineofnotlessthan$1,000 but not more than $10,000, or both. In addition, theemployer,labororganization,orotherpersonissubject to a lawsuit by the aggrieved worker. For more informationcall(803)896-4470.

Immigrant WorkerTheSouthCarolinaIllegalImmigrationandReformActrequires all employers to verify the legal status of new employees and prohibits employment of any worker whoisnotlegallyinthiscountryandauthorizedtowork.

AfterJuly1,2009,allbusinessesinSouthCarolinaareimputedaSouthCarolinaemploymentlicensewhichpermits an employer to hire employees. The imputed employment license remains in effect as long as the business abides by the law.

EffectiveJanuary1,2012,allSouthCarolinaemployersarerequiredtoenrollintheU.S.DepartmentofHomelandSecurity’sE-Verifyprogramandverifythestatus of new employees within three business days, usingE-Verify.FailuretouseE-Verifytoverifynewhireswill result in probation for the employer or suspension/revocationoftheemployer’sbusinesslicense.

April 2013



EQUAL OPPORTUNITY IS THE LAW

It is against the law for this recipient of Federal financial assistance to discriminate on the following bases:

AgainstanyindividualintheUnitedStatesonthebasisofrace,color,religion,sex,nationalorigin,age, disability, political affiliation or belief; and

AgainstanybeneficiaryofprogramsfinanciallyassistedunderTitleIoftheWorkforceInvestmentActof1998(WIA),onthebasisofthebeneficiary’scitizenship/statusasalawfullyadmittedimmigrantauthorizedtoworkintheUnitedStates,orhisorherparticipationinanyWIATitleIfinancially assisted program or activity.

The recipient must not discriminate in any of the following areas:

Decidingwhowillbeadmitted,orhaveaccess,toanyWIATitleIfinanciallyassistedprogramoractivity;

Providingopportunitiesin,ortreatinganypersonwithregardto,suchaprogramoractivity;or

Makingemploymentdecisionsintheadministrationof,orinconnectionwith,suchaprogramoractivity.

What to do if you believe you have experienced discrimination:

IfyouthinkthatyouhavebeensubjectedtodiscriminationunderaWIATitleIfinanciallyassistedprogramoractivity,youmayfileacomplaintwithin180daysfromthedateoftheallegedviolationwith either:

Therecipient’sEqualOpportunityOfficer(orthepersonwhomtherecipienthasdesignatedforthis purpose); or

TheDirector,CivilRightsCenter(CRC),U.S.DepartmentofLabor,200ConstitutionAvenueNW,RoomN-4123,Washington,DC20210.

If you file your complaint with the recipient, you must wait either until the recipient issues a written NoticeofFinalAction,oruntil90dayshavepassed(whicheverissooner),beforefilingwiththeCivilRightsCenter(seeaddressabove).IftherecipientdoesnotgiveyouawrittenNoticeofFinalActionwithin90daysofthedayonwhichyoufiledyourcomplaint,youdonothavetowaitfortherecipienttoissuethatNoticebeforefilingacomplaintwithCRC.However,youmustfileyourCRCcomplaintwithin30daysofthe90-daydeadline(inotherwords,within120daysafterthedayonwhichyoufiledyourcomplaintwiththerecipient).IftherecipientdoesgiveyouawrittenNoticeofFinalActionon your complaint, but you are dissatisfied with the decision or resolution, you may file a complaint withCRC.YoumustfileyourCRCcomplaintwithin30daysofthedateonwhichyoureceivedtheNoticeofFinalAction.

Complaints filed at the recipient level should be in writing and sent to:Ms. Stephani Hamberg, EO OfficerPost Office Box 908Columbia, SC 29202Telephone No: (803) 737-2381TTY Relay Service - dial 711



OCCUPATIONAL SAFETY AND HEALTH PROTECTION

THE STATE:UndertheSouthCarolinaOccupationalSafetyandHealthAct,the state is responsible for the enforcement of occupational safety and health standards in all workplaces, both public and private,withinSouthCarolina.However,longshoring,shipbuilding, ship repairing and shipbreaking operations coveredbytheLongshoremenandHarborWorkers’CompensationAct,asamended,remainunderfederaljurisdiction.

EMPLOYER:Each employer shall furnish to employees employment and a placeofemploymentwhicharefreefromrecognizedhazardsthat are causing, or likely to cause, death or physical harm. The employer shall comply with occupational safety and health standards promulgated by the Director.

EMPLOYEES:Each employee shall comply with occupational safety and health standards and all rules, regulations and orders issued by the directorofLabor,LicensingandRegulationwhichareapplicableto his own actions and conduct.

Anyemployeeorrepresentativemayrequestaninspectionofplaceorsiteofemployment.Anyemployeemayfileacomplaint,either verbally or in writing. Complaint forms and filing information may be found on our website or will be provided, uponrequest,bytheSouthCarolinaDepartmentofLabor,LicensingandRegulation.

Employers and employees have the right to participate in inspections by means of bringing to the attention of the inspecting officer possible violations which exist in their area of work and the right to participate in the walk-around inspection. The inspecting officer shall have the right to determine the number of persons participating in the walkaround inspection.

Understatelaw,whentheauthorizedrepresentativeoftheemployees accompanies the inspecting officer during a walk-around inspection, he shall not suffer any loss of wages or other benefits which would normally accrue to him.

Wherethereisnoauthorizedrepresentative,theinspectingofficer will consult with a reasonable number of employees concerning matters of safety and health in the workplace.

DISCRIMINATION:Stateandfederallawsprohibitdiscriminationagainstanyemployee if he files a complaint or causes any proceeding under orrelatedtothisActorisabouttotestifyinanysuchproceedings or because of the exercise by any employee on behalf of himself or others of any right afforded under state and

federallaw.ThedirectorofLabor,LicensingandRegulationorthenearestfederalOSHAofficesmustbenotifiedwithinthirty(30) daysaftersuchdiscriminatoryactoccurs.Stateandlocalgovernment employees should file such complaints with thedirectorofSCDepartmentofLabor,LicensingandRegulation.Apublic sector employee believing that he has been discharged orotherwise discriminated against by any person in violation ofSection41-15-510mayproceedwithacivilactionpursuanttotheprovisionscontainedinChapter27,Title8.

CITATIONS:Citations listing the alleged violations during an inspection will bemailedtotheemployerwithreasonablepromptness.Statelaw requires such citations be promptly posted at appropriate places for employee information for three days, or until the violations are corrected, whichever is later, to warn employees of dangers that may exist.

PENALTIES:Anemployermaybeassessedapenaltyupto$7,000dollarsfora non-serious violation.

Anemployerwhoreceivesacitationforaseriousviolationmaybeassessedapenaltyupto$7,000dollarsforeachsuchviolation.

Anyemployerwhowillfullyviolatesanoccupationalsafetyandhealth rule or regulation may be assessed a penalty not more than$70,000foreachviolation.

Anyemployerwhowillfullyviolatesanoccupationalsafetyandhealth rule or regulation and the violation causes death to an employee shall be deemed guilty of a misdemeanor and, upon conviction, be punished by fine, imprisonment or both.

For more information, contact:SouthCarolinaDepartmentofLabor,LicensingandRegulation

OfficeofOSHACompliancePOBox11329,Columbia,SC29211803-896-7665,www.llronline.com

UnderaplanapprovedNovember30,1972bytheU.S.DepartmentofLabor,OccupationalSafetyandHealthAdministration(OSHA),SouthCarolinaisprovidingjobsafetyandhealthprotectionforworkersthroughouttheState.FederalOSHAwillmonitortheoperationofthisplantoassurethatcontinuedapprovalismerited.Anypersonmaymakeacomplaint regarding the state administration of this plan directly totheRegionalOfficeofOSHA,U.S.DepartmentofLabor,61ForsythStreetSW,Room6T50,Atlanta,Georgia30303.

SAFETY AND HEALTH PROTECTION ON THE JOB

April 2013



The law requires employers to display this poster where employees can readily see it.

OVERTIME PAY Atleast1½timesyourregularrateofpayforallhoursworkedover40inaworkweek.

CHILD LABOR Anemployeemustbeatleast16yearsoldtoworkinmostnon-farmjobsandatleast18toworkinnon-farmjobsdeclaredhazardousbytheSecretaryofLabor.Youths14and15yearsoldmayworkoutsideschoolhoursinvariousnon-manufacturing,non-mining,non-hazardousjobswithcertainworkhoursrestrictions.Different rules apply in agricultural employment.

TIP CREDIT Employers of “tipped employees” who meet certain conditions may claim a partial wage credit based ontipsreceivedbytheiremployees.Employersmustpaytippedemployeesacashwageofatleast$2.13perhouriftheyclaimatipcreditagainsttheirminimumwageobligation.Ifanemployee’stipscombinedwiththeemployer’scashwageofatleast$2.13perhourdonotequaltheminimumhourlywage,theemployermustmakeup the difference.

NURSING MOTHERS TheFLSArequiresemployerstoprovidereasonablebreaktimeforanursingmotheremployeewhoissubjecttotheFLSA’sovertimerequirementsinorderfortheemployeetoexpressbreastmilkforhernursingchildforoneyearafterthechild’sbirtheachtimesuchemployeehasaneedtoexpressbreastmilk.Employers are also required to provide a place, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public, which may be used by the employee to express breast milk.

ENFORCEMENT The Department has authority to recover back wages and an equal amount in liquidated damages in instances of minimum wage, overtime, and other violations. The Department may litigate and/or recommend criminal prosecution. Employers may be assessed civil money penalties for each willful or repeated violation of the minimum wage or overtime pay provisions of the law. Civil money penalties may also be assessed for violations of theFLSA’schildlaborprovisions.Heightenedcivilmoneypenaltiesmaybeassessedforeachchildlaborviolationthat results in the death or serious injury of any minor employee, and such assessments may be doubled when the violations are determined to be willful or repeated. The law also prohibits retaliating against or discharging workers whofileacomplaintorparticipateinanyproceedingundertheFLSA.

ADDITIONAL INFORMATION• Certainoccupationsandestablishmentsareexemptfromtheminimumwage,and/orovertimepayprovisions.• SpecialprovisionsapplytoworkersinAmericanSamoa,theCommonwealthoftheNorthernMarianaIslands,

andtheCommonwealthofPuertoRico.• Somestatelawsprovidegreateremployeeprotections;employersmustcomplywithboth.• Someemployersincorrectlyclassifyworkersas“independentcontractors”whentheyareactuallyemployees

undertheFLSA.Itisimportanttoknowthedifferencebetweenthetwobecauseemployees(unlessexempt)areentitledtotheFLSA’sminimumwageandovertimepayprotectionsandcorrectlyclassifiedindependentcontractors are not.

• Certainfull-timestudents,studentlearners,apprentices,andworkerswithdisabilitiesmaybepaidlessthantheminimum wage under special certificates issued by the Department of Labor.

EMPLOYEE RIGHTS UNDER THE FAIR LABOR STANDARDS ACT

BEGINNINGJULY 24, 2009

PER HOUR$7.25FEDERAL MINIMUM WAGE

WAGE AND HOUR DIVISIONUNITEDSTATESDEPARTMENTOFLABOR1-866-487-9243 TTY:1-877-889-5627

www.dol.gov/whd WH1088REV07/16

FEDERAL MINIMUM WAGE



EQUAL EMPLOYMENT OPPORTUNITY IS THE LAW

RACE, COLOR, RELIGION, SEX, NATIONAL ORIGIN TitleVIIof theCivilRightsActof1964,asamended,protectsapplicantsandemployeesfromdiscriminationin hiring, promotion, discharge, pay, fringe benefits, job training, classification, referral, and other aspects of employment, on the basis of race, color, religion, sex(includingpregnancy),ornationalorigin.Religiousdiscriminationincludesfailingtoreasonablyaccommodateanemployee’sreligiouspracticeswheretheaccommodation does not impose undue hardship.DISABILITY TitleIandTitleVoftheAmericanswithDisabilitiesActof1990,asamended, protect qualified individuals from discrimination on the basis of disability in hiring, promotion, discharge, pay, fringe benefits, job training, classification, referral, and other aspects of employment. Disability discrimination includes not making reasonable accommodation to the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, barring undue hardship.AGE TheAgeDiscriminationinEmploymentActof1967,asamended,protectsapplicants and employees 40 years of age or older from discrimination based on age in hiring, promotion, discharge, pay, fringe benefits, job training, classification, referral, and other aspects of employment.SEX (WAGES) InadditiontosexdiscriminationprohibitedbyTitleVIIoftheCivilRightsAct, asamended, theEqualPayActof1963,asamended,prohibits sexdiscrimination in the payment of wages to women and men performing substantially equal work, in jobs that require equal skill, effort, and responsibility, under similar working conditions, in the same establishment.

GENETICS Title II of the Genetic Information Nondiscrimination Act of 2008protects applicants and employees from discrimination based on genetic information in hiring, promotion, discharge, pay, fringe benefits, job training, classification, referral, and other aspects of employment. GINA also restrictsemployers’ acquisition of genetic information and strictly limits disclosure ofgenetic information. Genetic information includes information about genetictests of applicants, employees, or their family members; the manifestation of diseasesordisordersinfamilymembers(familymedicalhistory);andrequestsforor receipt of genetic services by applicants, employees, or their family members.RETALIATION All of these Federal laws prohibit covered entities fromretaliating against a person who files a charge of discrimination, participates in a discrimination proceeding, or otherwise opposes an unlawful employment practice.WHAT TO DO IF YOU BELIEVE DISCRIMINATION HAS OCCURRED There are strict time limits for filing charges of employment discrimination. To preserve the ability of EEOC to act on your behalf and to protect your right to file a private lawsuit, should you ultimately need to, you should contact EEOC promptly when discriminationissuspected:TheU.S.EqualEmploymentOpportunityCommission(EEOC), 1-800-669-4000 (toll-free) or 1-800-669-6820 (toll-freeTTY number forindividuals with hearing impairments). EEOC field office information is available atwww.eeoc.gov or inmost telephone directories in the U.S. Government orFederal Government section. Additional information about EEOC, includinginformation about charge filing, is available at www.eeoc.gov.

PRIVATE EMPLOYERS, STATE AND LOCAL GOVERNMENTS, EDUCATIONAL INSTITUTIONS, EMPLOYMENT AGENCIES AND LABOR ORGANIZATIONS

Applicantstoandemployeesofmostprivateemployers,stateandlocalgovernments,educationalinstitutions,employmentagencies andlabororganizationsareprotectedunderFederallawfromdiscriminationonthefollowingbases:

EMPLOYERS HOLDING FEDERAL CONTRACTS OR SUBCONTRACTSApplicantstoandemployeesofcompanieswithaFederalgovernmentcontractorsubcontractareprotected

under Federal law from discrimination on the following bases:

RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, GENDER IDENTITY, NATIONAL ORIGIN Executive Order 11246, as amended, prohibits employment discrimination based on race, color, religion, sex, sexual orientation, gender identity, or national origin, and requires affirmative action to ensure equality of opportunity in all aspects of employment.PAY SECRECY Executive Order 11246, as amended, protects applicants and employees from discrimination based on inquiring about, disclosing, or discussing their compensation or the compensation of other applicants or employees.INDIVIDUALS WITH DISABILITIES Section 503 of the Rehabilitation Act of1973, as amended, protects qualified individuals with disabilities fromdiscrimination in hiring, promotion, discharge, pay, fringe benefits, job training, classification, referral, and other aspects of employment. Disability discrimination includes not making reasonable accommodation to the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicantor employee,barringunduehardship to the employer. Section503also requires that Federal contractors take affirmative action to employ and advance in employment qualified individuals with disabilities at all levels of

employment, including the executive level.PROTECTED VETERANS The Vietnam Era Veterans’ Readjustment AssistanceActof1974,asamended,38U.S.C.4212,prohibitsemploymentdiscriminationagainst, and requires affirmative action to recruit, employ, and advance in employment,disabledveterans, recently separatedveterans (i.e.,within threeyears of discharge or release from active duty), active duty wartime or campaign badgeveterans,orArmedForcesservicemedalveterans.RETALIATION Retaliation is prohibited against a personwho files a complaintof discrimination, participates in an OFCCP proceeding, or otherwise opposesdiscriminationunder theseFederal laws.Anypersonwhobelievesacontractorhas violated its nondiscrimination or affirmative action obligations under the authorities above should contact immediately: The Office of Federal Contract Compliance Programs (OFCCP), U.S. Department of Labor, 200 ConstitutionAvenue, N.W.,Washington, D.C. 20210, 1-800-397-6251 (toll-free) or (202) 693-1337(TTY)[email protected],orbycallinganOFCCPregionalordistrictoffice,listedinmosttelephonedirectoriesunderU.S.Government,DepartmentofLabor.

RACE, COLOR, NATIONAL ORIGIN, SEX InadditiontotheprotectionsofTitleVIIoftheCivilRightsActof1964,asamended,TitleVIoftheCivilRightsActof1964,as amended, prohibits discrimination on the basis of race, color or national origin in programs or activities receiving Federal financial assistance. EmploymentdiscriminationiscoveredbyTitleVIiftheprimaryobjectiveofthefinancial assistance is provision of employment, or where employment discrimination causes or may cause discrimination in providing services under such programs. Title IX of the Education Amendments of 1972 prohibitsemployment discrimination on the basis of sex in educational programs or

activities which receive Federal financial assistance. INDIVIDUALS WITH DISABILITIES Section504oftheRehabilitationActof1973,as amended, prohibits employment discrimination on the basis of disability in any program or activity which receives Federal financial assistance. Discrimination is prohibited in all aspects of employment against persons with disabilities who, with or without reasonable accommodation, can perform the essential functions of the job. If you believe you have been discriminated against in a program of any institution which receives Federal financial assistance, you should immediately contact the Federal agency providing such assistance.

PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE

IfyoubelievethatyouhaveexperienceddiscriminationcontactOFCCP:1-800-397-6251|TTY1-877-889-5627| www.dol.gov.

EEOC9/02andOFCCP8/08VersionsUseableWith11/09Supplement MandatorySupplementtoEEOCP/E-1(Revised11/09)“EEOistheLaw”Poster

EEOC | EQUAL EMPLOYMENT OPPORTUNITY IS THE LAW



LEAVE ENTITLEMENTS Eligible employees who work for a covered employer can take up to 12 weeks of unpaid, job-protected leave in a 12-month period for the following reasons:•Thebirthofachildorplacementofachildforadoptionorfostercare;•Tobondwithachild(leavemustbetakenwithin1yearofthechild’sbirthorplacement);•Tocarefortheemployee’sspouse,child,orparentwhohasaqualifyingserioushealthcondition;• Fortheemployee’sownqualifyingserioushealthconditionthatmakestheemployeeunabletoperformtheemployee’sjob;• Forqualifyingexigenciesrelatedtotheforeigndeploymentofamilitarymemberwhoistheemployee’sspouse,child,orparent.Aneligibleemployeewhoisacoveredservicemember’sspouse,child,parent,ornextofkinmayalsotakeupto26weeksofFMLAleaveinasingle12-monthperiodtocarefortheservicememberwithaseriousinjuryorillness.Anemployeedoesnotneedtouseleaveinoneblock.Whenitismedicallynecessaryorotherwisepermitted,employeesmaytakeleaveintermittentlyoronareducedschedule.Employeesmaychoose,oranemployermayrequire,useofaccruedpaidleavewhiletakingFMLAleave.IfanemployeesubstitutesaccruedpaidleaveforFMLAleave,theemployeemustcomplywiththeemployer’snormalpaidleavepolicies.

BENEFITS & PROTECTIONS WhileemployeesareonFMLA leave,employersmustcontinuehealth insurancecoverageas if theemployeeswerenoton leave.Upon return fromFMLA leave,mostemployeesmustbe restored to thesame joboronenearlyidenticaltoitwithequivalentpay,benefits,andotheremploymenttermsandconditions.Anemployermaynotinterferewithanindividual’sFMLArightsorretaliateagainstsomeoneforusingortryingtouseFMLAleave,opposinganypracticemadeunlawfulbytheFMLA,orbeinginvolvedinanyproceedingunderorrelatedtotheFMLA.

ELIGIBILITY REQUIREMENTS AnemployeewhoworksforacoveredemployermustmeetthreecriteriainordertobeeligibleforFMLAleave.Theemployeemust:• Haveworkedfortheemployerforatleast12months;• Haveatleast1,250hoursofserviceinthe12monthsbeforetakingleave;*and•Workatalocationwheretheemployerhasatleast50employeeswithin75milesoftheemployee’sworksite.*Special“hoursofservice”requirementsapplytoairlineflightcrewemployees.

REQUESTING LEAVE Generally,employeesmustgive30-days’advancenoticeoftheneedforFMLAleave.Ifitisnotpossibletogive30-days’notice,anemployeemustnotifytheemployerassoonaspossibleand,generally,followtheemployer’susualprocedures.Employees do not have to share a medical diagnosis, but must provide enough information to the employer so it can determine iftheleavequalifiesforFMLAprotection.Sufficientinformationcouldincludeinforminganemployerthattheemployeeisorwillbeunable to perform his or her job functions, that a family member cannot perform daily activities, or that hospitalization orcontinuingmedicaltreatmentisnecessary.EmployeesmustinformtheemployeriftheneedforleaveisforareasonforwhichFMLAleave was previously taken or certified. Employers can require a certification or periodic recertification supporting the need forleave. If the employer determines that the certification is incomplete, it must provide a written notice indicating what additionalinformation is required.

EMPLOYER RESPONSIBILITIES Once an employer becomes aware that an employee’s need for leave is for a reason thatmayqualifyundertheFMLA,theemployermustnotifytheemployeeifheorsheiseligibleforFMLAleaveand,ifeligible,mustalsoprovideanoticeofrightsandresponsibilitiesundertheFMLA.Iftheemployeeisnoteligible,theemployermustprovideareasonforineligibility.EmployersmustnotifyitsemployeesifleavewillbedesignatedasFMLAleave,andifso,howmuchleavewillbedesignatedasFMLAleave.

ENFORCEMENT EmployeesmayfileacomplaintwiththeU.S.DepartmentofLabor,WageandHourDivision,ormaybringaprivatelawsuitagainstanemployer.TheFMLAdoesnotaffectanyfederalorstatelawprohibitingdiscriminationorsupersedeanystateorlocal law or collective bargaining agreement that provides greater family or medical leave rights.

THEUNITEDSTATESDEPARTMENTOFLABORWAGEANDHOURDIVISION

For additional information or to file a complaint:1-866-4-USWAGE

(1-866-487-9243)TTY:1-877-889-5627WWW.WAGEHOUR.DOL.GOV

U.S.DepartmentofLabor|WageandHourDivision WH1420aREV04/16

EMPLOYEE RIGHTS UNDER THE FAMILY AND MEDICAL LEAVE ACT

FMLA | FAMILY AND MEDICAL LEACE ACT



USERRA - UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT

U.S.DepartmentofJustice OfficeofSpecialCounsel

UN

ITED STATES OF AM

ERIC

A

OFF

ICE O

F SPECIAL COUNSEL

EmployerSupportOfTheGuardAndReserve1-800-336-4590U.S.DepartmentofLabor

1-866-487-2365

YOUR RIGHTS UNDER USERRATHE UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT

USERRAprotectsthejobrightsofindividualswhovoluntarilyorinvoluntarilyleaveemploymentpositionstoundertakemilitaryserviceorcertaintypesofserviceintheNationalDisasterMedicalSystem.USERRAalsoprohibitsemployersfromdiscriminatingagainstpastandpresentmembers of the uniformed services, and applicants to the uniformed services.

REEMPLOYMENT RIGHTSYou have the right to be reemployed in your civilian job if you leave that job to perform service in the uniformed service and:• you ensure that your employer receives advance written or verbal

notice of your service;• you have five years or less of cumulative service in the uniformed

services while with that particular employer;• you return to work or apply for reemployment in a timely manner

after conclusion of service; and• you have not been separated from service with a disqualifying

discharge or under other than honorable conditions.If you are eligible to be reemployed, you must be restored to the job and benefits you would have attained if you had not been absent due to military service or, in some cases, a comparable job.

RIGHT TO BE FREE FROM DISCRIMINATION AND RETALIATIONIf you:•are a past or present member of the uniformed service;•have applied for membership in the uniformed service; or•are obligated to serve in the uniformed service;then an employer may not deny you:•initial employment;•reemployment;•retention in employment;•promotion; or•any benefit of employmentbecause of this status.In addition, an employer may not retaliate against anyone assisting intheenforcementofUSERRArights,includingtestifyingormakingastatementinconnectionwithaproceedingunderUSERRA,evenifthatperson has no service connection.

HEALTH INSURANCE PROTECTION

•If you leave your job to perform military service, you have the right to elect to continue your existing employer-based health plan coverage for you and your dependents for up to 24 months while in the military.

•Evenifyoudon’telecttocontinuecoverageduringyourmilitaryservice,youhavetherighttobereinstatedinyouremployer’shealthplan when you are reemployed, generally without any waiting periodsorexclusions(e.g.,pre-existingconditionexclusions)exceptfor service-connected illnesses or injuries.

ENFORCEMENT

•TheU.S.DepartmentofLabor,VeteransEmploymentandTrainingService(VETS)isauthorizedtoinvestigateandresolvecomplaintsofUSERRAviolations.

•Forassistanceinfilingacomplaint,orforanyotherinformationonUSERRA,contactVETSat1-866-4-USA-DOL or visit its website athttp://www.dol.gov/vets.AninteractiveonlineUSERRAAdvisorcanbe viewed at http://www.dol.gov/elaws/userra.htm.

•IfyoufileacomplaintwithVETSandVETSisunabletoresolveit,youmayrequestthatyourcasebereferredtotheDepartmentofJusticeortheOfficeofSpecialCounsel,asapplicable,forrepresentation.

•YoumayalsobypasstheVETSprocessandbringacivilactionagainstanemployerforviolationsofUSERRA.

Therightslistedheremayvarydependingonthecircumstances.ThetextofthisnoticewaspreparedbyVETS,andmaybeviewedontheinternet at this address: http://www.dol.gov/vets/programs/userra/poster.htm. Federal law requires employers to notify employees of their rightsunderUSERRA,andemployersmaymeetthisrequirementbydisplayingthetextofthisnoticewheretheycustomarilyplacenoticesforemployees.

PublicationDate—April2017



WAGE AND HOUR DIVISIONUNITEDSTATESDEPARTMENTOFLABOR

1-866-487-9243TTY:1-877-889-5627www.dol.gov/whd

WH1462REV07/16

EMPLOYEE RIGHTSEMPLOYEE POLYGRAPH PROTECTION ACT

The Employee Polygraph Protection Act prohibits most private employers from using lie detector tests either for pre-employment screening or during the course of employment.

PROHIBITIONS Employers are generally prohibited from requiring or requesting any employee or job applicant to take a lie detector test, and from discharging, disciplining, or discriminating against an employee or prospective employee for refusing to take a test or for exercising other rightsundertheAct.

EXEMPTIONS Federal,Stateandlocalgovernmentsarenotaffectedbythelaw.Also,thelawdoesnotapplytotestsgivenbytheFederalGovernmenttocertainprivateindividualsengagedinnationalsecurity-relatedactivities.TheActpermitspolygraph(akindofliedetector)teststobe administered in the private sector, subject to restrictions, to certain prospective employees ofsecurityservicefirms(armoredcar,alarm,andguard),andofpharmaceuticalmanufacturers,distributorsanddispensers.TheActalsopermitspolygraphtesting,subjecttorestrictions,ofcertain employees of private firms who are reasonably suspected of involvement in a workplace incident(theft,embezzlement,etc.)thatresultedineconomiclosstotheemployer.ThelawdoesnotpreemptanyprovisionofanyStateorlocallaworanycollectivebargainingagreement which is more restrictive with respect to lie detector tests.

EXAMINEE RIGHTS Wherepolygraphtestsarepermitted,theyaresubjecttonumerousstrictstandards concerning the conduct and length of the test. Examinees have a number of specific rights, including the right to a written notice before testing, the right to refuse or discontinue a test,andtherightnottohavetestresultsdisclosedtounauthorizedpersons.

ENFORCEMENT TheSecretaryofLabormaybringcourtactionstorestrainviolationsandassesscivil penalties against violators. Employees or job applicants may also bring their own court actions.

THE LAW REQUIRES EMPLOYERS TO DISPLAY THIS POSTER WHERE EMPLOYEES AND JOB APPLICANTS CAN READILY SEE IT.

EMPLOYEE POLYGRAPH PROTECTION ACT


Official Print Size - 8.5” x 14”Page 1 of 2

OSHA | OCCUPATIONAL SAFETY AND HEALTH ACT

All workers have the right to:

A safe workplace.

Raise a safety or health concern withyour employer or OSHA, or report awork-related injury or illness, withoutbeing retaliated against.

Receive information and training on jobhazards, including all hazardoussubstances in your workplace.

Request an OSHA inspection of yourworkplace if you believe there are unsafeor unhealthy conditions. OSHA will keepyour name confidential. You have theright to have a representative contactOSHA on your behalf.

Participate (or have your representativeparticipate) in an OSHA inspection andspeak in private to the inspector.

File a complaint with OSHA within 30days (by phone, online or by mail) if youhave been retaliated against for usingyour rights.

Employers must:

Provide employees a workplace free fromrecognized hazards. It is illegal to retaliateagainst an employee for using any of theirrights under the law, including raising ahealth and safety concern with you orwith OSHA, or reporting a work-relatedinjury or illness.

Comply with all applicable OSHAstandards.

Report to OSHA all work-relatedfatalities within 8 hours, and all inpatienthospitalizations, amputations and lossesof an eye within 24 hours.

Provide required training to all workersin a language and vocabulary they canunderstand.

Prominently display this poster in theworkplace.

Post OSHA citations at or near the place ofthe alleged violations.

U.S. Department of Labor


Official Print Size - 8.5” x 14”Page 2 of 2

OSHA | OCCUPATIONAL SAFETY AND HEALTH ACT (Continued)

U.S. Department of Labor

See any OSHA citations issued to youremployer.

Request copies of your medical records,tests that measure hazards in theworkplace, and the workplace injuryand illness log.

FREE ASSISTANCE to identify and correct hazards is available to small and medium- sized employers, without citation or penalty, through OSHA-supported consultation programs in every state.

This poster is available free from OSHA.

1-800-321-OSHA (6742) TTY 1-877-889-5627 www.osha.gov

Contact OSHA. We can help.

OSHA

316

5-04

R 20

15



ANTI-DISCRIMINATION NOTICE

It is illegal to discriminate against work authorizedindividuals.EmployersCANNOTspecifywhichdocument(s)theywillaccept

from an employee. The refusal to hire an individual because the documents have a future expiration date may also constitute

illegal discrimination.

For information, please contactTheOfficeofSpecialCounselforImmigrationRelatedUnfairEmploymentPracticesOfficeat

800-255-7688.



WITHHOLDING STATUS

Publication213(Rev.8-2009)

Cat.No.11047P

www.irs.gov

Since you last filed form W-4 with your employer did you...• Marryordivorce?• Gainorloseadependent?• Changeyourname?

Were there major changes to...• Yournon-wageincome(interest,dividends,capitalgains,etc.)?• Yourfamilywageincome(youoryourspousestartedorendedajob)?

• Youritemizeddeductions?• Yourtaxcredits?

If you can answer “YES”...To any of these questions or you owed extra tax when you filed your lastreturn,youmayneedtofileanewformW-4.SeeyouremployerforacopyofFormW-4orcalltheIRSat1-800-829-3676.Now is the time to check your withholding. For more details, get Publication919,How Do I Adjust My Tax Withholding?, or use the WithholdingCalculatorat:www.irs.gov/individualsontheIRSwebsite.

Employer:PleasepostorpublishthisBulletinBoardPostersothatyouremployeeswillseeit.Pleaseindicatewheretheycangetformsandinformation on this subject.



PAYDAY NOTICE

By: ______________________________________________________________________________________

Title: _____________________________________________________________________________________

Weekly Bi-Weekly Monthly

Other _________________________________________________

Regular Paydays for Employees of

_______________________________________________________________________(Company Name)

Shall be as follows:

Lander University

15th & last day of month

Tom Covar

Controller

KNOW YOUR RIGHTS IN THE WORKPLACE · Workers’ Compensation Provider Name, Mailing Address &...

Documents

Transcript of KNOW YOUR RIGHTS IN THE WORKPLACE · Workers’ Compensation Provider Name, Mailing Address &...