So You Are The HR Manager? HR Boot Camp for Small Business

1. So You Are The HR Manager? HR Boot Camp for Small Business

2. HR Issues • Employment Status—hiring, firing and everything in between • Compensation and Benefits—FLSA and ERISA • Working Conditions—OSHA and EEOC • Compliance—Immigration, HIPPA, Postings

3. Employment at Will • 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

4. Federal Law • Alphabet Soup of • Laws: ADA, ADEA, FMLA, FLSA, ERISA, COBRA, HIPAA, ICE, USERRA, NLRA, OSHA • And • Agencies: EEOC, DOL, ICE, OSHA, IRS, WHD

5. Title VII of the Civil Rights Act of 1964 (Title VII) • 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

6. 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

7. Age Discrimination in Employment Act (ADEA) • Enforced by the EEOC • 20 employees or more • Forbids age discrimination against people who are age 40 or older • Age Discrimination

8. Americans with Disabilities Act (ADA) • 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

9. Americans with Disabilities Act (ADA) • Reasonable accommodation • File claim with EEOC, then State/Federal Court • Disability Discrimination

10. Family and Medical Leave Act (FMLA) • 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

11. 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

12. Fair Labor Standards Act (FLSA) • Enforced by Federal DOL WHD • Establish minimum wage • Provide overtime pay • Exempt vs. Non-exempt employees • “Compensatory” time • U.S. DOL-Fair Labor Standards Act (FLSA)

13. Employee Retirement and Income Security Act (ERISA) • Enforced by the Federal DOL and IRS • Covers employer provided pension and health care plans • Includes COBRA and HIPAA • U.S. DOL - ERISA

14. 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

15. 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

16. 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

17. Immigration • 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

18. Uniform Services Employment and Reemployment Rights Act (USERRA) • 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

19. 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

20. National Labor Relations Act (NLRA) • Enforced by the National Labor Relations Board (NLRB) • No minimum employee requirement • Protects the right of employees to organize and bargain collectively • NLRB

21. Organizational Health and Safety Act (OSHA) • 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

22. State Law • What’s left after the alphabet soup is gone?

23. Unemployment • 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

24. Workers’ Compensation • 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

25. Georgia and South Carolina Immigration • 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

26. Questions?PowerPoint can be downloaded at www.enochlaw.com