From the moment you hire a new employee to the moment he retires, your HR department needs to ensure legal and company-wide policy compliance.
For protection of employers and employees, Federal and State government have introduced laws and compliances.
HR Professional’s Compliance Checklist
The law prohibits employers to use unfair and discriminatory practices in workplace. Civil Rights Act of 1964, Title VII, forbids organizations, with more than 15 employees, to discriminate amongst employees on basis of race, sex, color, or ethnicity. Title VI also categorizes sexual harassment as a form of sexual discrimination.
ADA (The American Disability Act) prohibits discrimination against disable individual, by limiting employers inquiry about his/her disability. It also requires employers to accommodate the needs of differently able employees.
Wage and Hour laws and The Fair Labor Standard Act (FLSA) determine the basic wage and overtime requirement for employers. The current federal wage requirement is $7.25, and it is accustomed to change any time of the year.
However, different states have their own minimum wage brackets. Determine under which state’s jurisdiction your business falls to establish correct wage rate.
Medical and Family Leave
The Family and Medical Leave Act allows employees (who meet a set criteria) to take 12 weeks of unpaid annual leaves. Employees can take a leave to look after a sick family member, care for an adopted child or a newborn, or for their own medical condition.
This law is being revised, as it is believed that these 12 weeks need to be paid. New York is the one of the few states that has already started offering paid leaves, but other states are expected to follow soon.
Immigration is a hot-topic in America these days. Laws introduces under INA, IRCA, and IIRIRA, ensure that employers hire eligible employees only.
American citizens, lawful permanent resident, noncitizen nationals, and authorized aliens fall under the employment eligibility criteria. Employers are required to verify all paperwork, before hiring an employee. Trump’s administration immigration laws are set to see radical changes; keep an eye on this specific law.
The benefit laws have not seen a drastic change in 2018. Although the Affordable Care Act, under which most plans are introduced, no longer requires an individual mandate. You need be careful about information exchange and ensure that employees are completely aware about reporting deadlines.
Occupational Health and Safety Act (OSH) administers safety and functionality of work environment. Be precise in reporting and recordkeeping of this law to avoid any sort of inquiry.
Several companies have faced labor claims for interfering with labors union activity. The National Labor Relations Act (NLRA) can guide you regarding fair treatment of unionized labors and how to deal with grievances.
Laws and compliances can be hard to implement. If you need help with a compliance issue, consult with JS Benefits Group.