HR LAW SUMMARY This material is developed for the internal use of STAFF MANAGERS, LTD.CO. and should not be considered a legal authority. Applicable Law EO 11478 ‟69 Executive Order Applies to Government employees Posting/Reporting/Plan/Program/ Training Requirements Requires the Federal Government to ensure that all personnel actions regarding employment be free from discrimination based on race, color, religion, sex and national origin -prohibits discrimination in employment decisions on the basis of race, color, religion, sex or national origin -take affirmative action to ensure that equal opportunity is provided in all aspects of employment -Consolidated EEO Poster -Annual EEO-1 reporting (>100) -Company EEO policy statement posted -Affirmative action plan: (50 ee‟s + $50,000) -workforce analysis to determine underutilization -goals & time tables to correct underutilization -identification of problem area by unit & job class -internal audit & reporting procedures -training/briefings for supervisors and managers Prohibiting the unlawful employment of aliens. On January 2, 2002, the Federal district court held that Executive Order 13201 is invalid because it conflicts with the National Labor Relations Act. Executive Order 13201, the Beck posting Order, requires Government contractors to post notices informing employees of their rights not to join a union or pay certain union fees. -Consolidated EEO Poster -Prohibits discrimination in terms, conditions, and privileges of employment against individuals with disabilities who, with or without reasonable accommodation can perform essential functions of job. -Consolidated EEO Poster -Prohibits age discrimination in employment, including benefits, for employees 40 or over. (Can‟t force employees to retire) Penalties/Fines Administered by EO 11246 „65 Executive Order 11246 Amended by 11375 ‟66 or „69 Employers w/gov‟t contracts in excess of $10,000 in any 12-month period. Terminate contract; debar from contracts; collect back wages; prosecute for false statements. DOL-Employment Standards Administration-OFCCP EO 12989 „96 Executive Order EO 13201 „01 Executive Order “Beck Posting” Federal Contractors Federal agencies may debar contractors found in violation of federal law prohibiting the unlawful employment of aliens. ADA „90 (Americans with Disabilities Act) Employers with 15+ employees & engaging in interstate commerce ADEA‟67(Age Discrimination in Employment Act) 11/27/09 Employers with 20+ employees & engaging in interstate commerce Employees/EEOC can sue for back wages, reinstatement, promotion, atty‟s fees; for intentional disability discrimination (disparate treatment), employees can sue for compensatory and punitive damages with jury trial allowed. EEOC, THRC (TCHR up to $300,000 damages plus unlimited punitive damages) Employees or EEOC can sue for back wages for 2-3 years, with jury trial; atty fees; double damages if violation willful. EEOC, THRC (TCHR up to $300,000 damages plus unlimited punitive damages) Page 1 ©2003 STAFF MANAGERS, LTD.CO. HR LAW SUMMARY This material is developed for the internal use of STAFF MANAGERS, LTD.CO. and should not be considered a legal authority. CA ‟34 Copeland “AntiKickback” Act CCPA „68 Consumer Credit and Protection Act (Title III is Wage Garnishment Act) COBRA ‟85 Consolidated Omnibus Budget Reconciliation Act Contractors or subcontractors on any federally funded or assisted contract Employers under the federal Wage & Hour Law Prohibits contractors from inducing anyone in the construction or repair of public works to give up any portion of the compensation to which they are otherwise entitled. Restricts garnishment w/holding to 25% or less of disposable income. Allows larger deductions for support/alimony garnishments. No discharge for one or more garnishments of one debt. Gov‟t can sue for excess w/holding, reinstatement and back pay. DOL-Employment Standards Administration-Wage and Hour Division CRA ‟64/Title VII & CRA ‟91 Civil Rights Act Employers in interstate commerce and who claim tax deduction for group health plan expenses or who have “highly compensated employees: participating in group health plans; exception if under 20 employees in preceding year. Employers with 15+ employees & engaging in interstate commerce -Requires provision of continuation coverage under employer‟s group health plan to employees, spouses, and/or dependent children upon the occurrence of specified events, including termination or employment or reduction in hours. Same as ERISA, plus personal liability up to $100 per day for failure to timely provide employee or dependent with notice of commencement of coverage or election form. DOL-Pension and Welfare Benefits Administration; and IRS CWHSSA Contract Work Hours and Safety Standards Act DBA ‟31 Davis11/27/09 Contractors‟ and subcontractors‟ service contracts and federally funded and assisted construction contracts over $100,000 Federal public works -Consolidated EEO Poster available to employees & job applicants -Prohibits discrimination because of race, color, national origin, religion, sex, pregnancy (include. childbirth or related condition) -EEO-1 due September 30 (100+ employees?) (Prohibits discrimination in all elements of the employeeemployer relationship due to race, color, religion, sex, or national origin. Prohibits sexual harassment.) -Posting -Employer must pay one and ½ times basic rate for over 40 hrs/wk -prohibits unsanitary, hazardous or dangerous working conditions -Mandates payment of prevailing wages and benefits to Employees/EEOC can sue for back wages, reinstatement, promotion; atty. fees. For intentional discrimination (disparate treatment), employees can sue for $300,000 compensatory and punitive damages with jury trial allowed. For sexual harassment, civil action can be brought against an individual supervisor, and the company can be kept from making the supervisor whole. EEOC, THRC Gov‟t can w/hold funds and collect back wages; debar from future contracts; $10/day penalty DOL Gov‟t can w/hold funds and collect back wages; debar from future Page 2 ©2003 STAFF MANAGERS, LTD.CO. HR LAW SUMMARY This material is developed for the internal use of STAFF MANAGERS, LTD.CO. and should not be considered a legal authority. Bacon Act contractor on contracts in excess of $2,000 Recipient of procurement contracts totaling $25,000+ employees of contractors with US Gov‟t construction projects -Anti-drug policy statement - issued to all covered employees (Public Law 100-690 Title V Subtitle D) -Drugfree awareness and education program: -compliance a condition of employment -report criminal convictions -notify agency of employee convictions -Take corrective action against workplace substance abuse -Make good faith effort to comply with law Anti-drug workplace program (48 CFR Parts 223 & 252): -Employee assistance in drug education, counseling, and rehabilitation -Supervisor‟s drug detection training -Self and supervisory referrals -Testing to detect illegal workplace drug users Testing program (49 CFR Part 40) -Only specified drugs -Clear procedures for collection, security, & lab analysis -Written instruction to workers subject to testing -Results reviewed by MRO Provide education and minimal Employee Assistance Programs contracts. DOL-Employment Standards Administration-Wage and Hour Division and/or contracting agency (DOL determines prevailing wage) Debarment from future contracts/grants Federal agency that contracts DFWA ‟88 Drugfree Workplace Act Drug – DOD Drug - DOT Department of Transportation Drug Testing Regulations Drug - FHWA Workers with access to classified information or positions requiring high degree of trust due to national security or health and safety All employers operating vehicles over 26,000 pounds, buses over 15 people, or moving hazardous materials; other regulations cover aviation, railroad, shipping and natural gas industries, workers in safety sensitive or security sensitive jobs regulated by FHC, FAA, FRA, etc. Motor carriers and individuals who operate commercial motor vehicles in interstate commerce DOD Penalties vary from agency to agency and range from monetary citation to loss of FAA certification. DPS, DOT; Federal Highway Adm., US Coast Guard, FAA, Federal Railroad Adm., Urban Mass Transportation Adm. -Documented drug education and training for all drivers, supervisory personnel and company officials of at least 60 minutes (49 CFR Parts 391 & 394) -Annual (calendar year) summary of records related to the administration and results of testing: -total number of tests conducted by test category -total number not passing by test category -disposition of each individual not passing -number of tests performed at laboratory showing Page 3 ©2003 STAFF MANAGERS, LTD.CO. 11/27/09 HR LAW SUMMARY This material is developed for the internal use of STAFF MANAGERS, LTD.CO. and should not be considered a legal authority. results by retest, MRO referral and positive categories -Written statement outlining the EAP Strengthened Enforcement powers of the EEOC and extended coverage of the Act to government employees, higher educational institutions, and other select groups -Consolidated EEO Poster -Prohibits pay differentials on basis of sex in substantially equal work requiring equal skill, effort and responsibility under similar working conditions. No exemption for executive, administrative, professional and outside sales employees. -Polygraph Protection Act notice -Generally prohibits the use of “lie detectors” and lie detector results in private employment. Limited exemptions apply for certain internal investigations. -Written plan documents to employees -SPD filed with DOL - due 120 days after covered under ERISA -Form 5500 - due to IRS 210 days after close of plan year -Requires pension and profit sharing plans to be funded on a current basis -Established discrimination tests to determine if plans are more favorable to highly paid workers (IRS section 410) -minimum participation vesting and funding standards for pension plans, including profit-sharing plans -plan termination insurance for pension plans Prohibits retaliation in matters of reporting public policy concerns Protections from retribution for employees who notify government agencies of employers acts that jeopardize the public safety -Must obtain applicant's written permission before getting consumer report -Disclose (clear & conspicuous in writing in separate EEO ‟72 Equal Employment Opportunity Act EEO ‟63 Equal Pay Act EPPA ‟88 Employee Polygraph Protection Act ERISA „74 Employee Retirement Income Security Act Employers with 2 employees handling goods moving in interstate commerce and annual dollar volume sales of $500,000; certain types of employers have lower or no dollar volume thresholds Employers engaging in or affecting interstate commerce or production of goods for interstate commerce Employers in interstate commerce Employees (jury trial) or EEOC can sue for double back wages for 2-3 years. EEOC, THRC? $10,000 fine for each violation. Gov‟t/employee can sue for lost wages, benefits, employment, reinstatement and promotion; atty‟s fees. DOL-Employment Standards Administration-Wage & Hour Division Employees, beneficiaries, or Gov‟t can sue for benefits and to enforce rights. Administrative fines up to $1,000 per day for failure to fine annual report. Personal liability of up to $100 per day for failure to timely provide information to participant. DOL-Pension and Welfare Benefits Administration (PWBA) Premium payments to Pension Benefit Guarantee Corporation FCA 1863 Federal False Claims Act Section 210 Whistle-Blower FCRA ‟70 Fair Credit Reporting Act, 11/27/09 Employees can get 15%-25% of any Government recovery from the company Employers in interstate commerce Civil suit for willful noncompliance (actual damages, punitive damages to $1000, costs and atty fees) and for neg. compliance (actual damages, costs and atty fees). Also may be liable to the Page 4 ©2003 STAFF MANAGERS, LTD.CO. HR LAW SUMMARY This material is developed for the internal use of STAFF MANAGERS, LTD.CO. and should not be considered a legal authority. amended 9/30/97 document) to applicants/employees intent to use investigative consumer report and, on request, nature/scope of investigation. Must inform applicant/employee if consumer report is related to adverse action and disclose reporting agency. -FLSA Notice to Employees -Consolidated EEO Poster -Minimum wage -Overtime pay after 40 hours/week at time and 1/2 regular rate -Accurate time records required for all non-exempt employees -Child labor restrictions -DOL Poster -Grant 12 weeks of unpaid year each 52 weeks for: -birth or placement of child -serious illness of family member -serious personal illness -notification within 2 days that they are on FMLA leave -must maintain all benefits Must contribute 0.8% (varies with credits for participation in state unemployment programs) up to $7,000 of each employee‟s wages -prohibits group health plans from establishing eligibility rules based on health status; -limits the duration and extent to which group health plans may exclude preexisting conditions (12-18 mos (reduced by "creditable coverage") for something treated in past 6 mos) (newborns not subject to preexisting conditions -requires group health plans to track and provide certification of an individual's coverage when the individual leaves the plan so that he or she may gain access to another plan with reduced or no preexisting condition limitations (by request for 2 yrs) (for plans beginning 7/1/97) -requires special enrollment periods for individuals losing other coverage under certain circumstances -clarifies and extends COBRA -expands ERISA's disclosure requirements consumer reporting agency. Federal Trade Commission FLSA „38 Fair Labor Standards Act Employers with 2 employees handling goods moving in interstate commerce and annual dollar volume sales of $500,000; certain types of employers have lower or no dollar volume thresholds Employers with 50+ employees in 75 mi. radius & engaging in interstate commerce FMLA „93 Family and Medical Leave Act Ee (jury trial) or gov‟t in civil court: double waged owed & atty fees. 2-3 years back OT. $1,000 per violation for willful violation of min. wage or OT. If retaliation: double wages owed, atty fees, hire, reinstate, or promote. Compensatory and punitive damages available for retaliation. Child labor penalties up to $10,000 per child. DOL-Employment Standards Administration-Wage and Hour Division Employees/DOL can sue for back wages and benefits, reinstatement, atty fees and actual losses sustained. Employees may recover double damages for willful violations DOL-Employment Standards Administration-Wage and Hour Division, (OFCCP, EEOC?) FUTA Federal Unemployment Tax Act HIPAA ‟96 Health Insurance Portability and Accountability Act Employers who employ 1 or more persons 20 or more weeks/year PRIVACY RULE: Your ERISA Welfare plan that provides medical care either has at least 50 participants or is administered by an entity other than the Plan Sponsor Back taxes plus interest and penalties IRS Penalties for noncompliance: $100 per day for each affected employee. Enforcement actions against non-complying plans may be brought both by participants and by the Department of Labor. HHS may impose penalties of up to $100 per day per violation, up to $25,000 annually, for HIPAA privacy violations. http://www.hhs.gov/ocr/hipaa/ 11/27/09 Page 5 ©2003 STAFF MANAGERS, LTD.CO. HR LAW SUMMARY This material is developed for the internal use of STAFF MANAGERS, LTD.CO. and should not be considered a legal authority. PRIVACY RULE: If your company is covered indirectly as the sponsor of a group health plan, or directly as a health care provider, or both, it may be required to: -follow detailed rules about how it uses internally or discloses externally employee and family health information -implement new federal rules granting rights to employees and their covered family members relating to information in group health plan or provider records -implement numerous other administrative requirements such as written policies and procedures, workforce training, designating a privacy official, distributing a notice of its privacy practices, to name a few -comply with HIPAA‟s rules governing the eight electronic transmissions that are required to be standardized Employer must offer membership in a qualified HMO if available where employees live. Voluntarily or upon demand by qualified HMO HMO ‟73 Health Maintenance Organization Act NO LONGER IN EFFECT INA ‟90 Immigration and Nationality Act IRCA „86 Immigration Reform and Control Act LMRA ‟47 LaborManagement Relations Act (Taft-Hartley Act) Employers subject to the FLSA‟s minimum wage provision with 25+ employees, offering a health benefits plan, and with at least 25 employees in HMO service area. Fines of up to $10,000 for every 30-day period which employer is out of compliance US Dept. of Health & Human Services‟- Office of Health Maintenance Organization Employers with 3+ employees and engaging in interstate commerce -Requires employers who use foreign temporary workers to get a certificate from Employment and Training Administration certifying that there are insufficient available and qualified Americans to do the work. -Prohibits hiring of illegal aliens. -Obtain completed I-9 on each employee within 3 days of employment Dept of Justice-INS DOL Up to $10,000 fine for hiring violations. Fines up to $1,000 for recordkeeping violations. DOL-Employment Standards Administration-Wage and Hour Division (OFCCP can audit & forwards to US Dept of JusticeImmigration & Naturalization Service) Prohibits unfair labor practices of unions; outlaws closed shop; prohibits strikes in national emergencies; requires both parties to bargain in good faith; covers nonmanagerial employees in private industry (not covered by the Railway Labor Act) 11/27/09 Page 6 ©2003 STAFF MANAGERS, LTD.CO. HR LAW SUMMARY This material is developed for the internal use of STAFF MANAGERS, LTD.CO. and should not be considered a legal authority. LMRDA ‟59 LaborManagement Reporting and Disclosure Act (LandrumGriffin Act) MHPA ‟96 Mental Health Parity Act MSAWPA Migrant and Seasonal Agricultural Worker Protection Act MSSA Military Selective Service Act NLRA ‟35 National Labor Relations Act NMHPA ‟96 Newborns' and Mothers' Health Protection Act -Safeguards Union funds -Requires labor organizations to file annual financial reports -Requires union officials, employers, and labor consultants to file reports regarding certain labor relations practices -Establishes standards for the election of union officers Employers with more than 50 employees Most agricultural employers including forestry operations; farm labor contractors Requires health insurance issuers and group health plans to adopt the same annual and lifetime dollar limits for mental health benefits -Posting -Requires disclosure of job terms, recordkeeping, payment of wages when due, housing and vehicle safety standards for migrant and seasonal workers; contractor licensing DOL-ESA-Office of Labor-Management Standards (OLMS) Administrative fines, lawsuits by workers far greater of statutory or actual damages, criminal penalties, including imprisonment for willful violations. DOL Employers in interstate commerce Employers in interstate commerce Give employee returning from US military service the same wages, benefits, and rights as the employee would have received has he/she not left. Discrimination against Reservists barred. Employee rights to engage in protected concerted activity and organize or decertify union requires a minimum length of hospital confinement in conjunction with childbirth. This requirement applies to health plans and health insurance companies that provide hospital stays for childbirth in their policies. The law provides that coverage for a hospital stay following a normal delivery may not be limited to less than 48 hours for both the mother and newborn, and for a cesarean section not less than 96 hours. While this law also prevents plans from charging greater deductibles, coinsurance or other cost sharing measures for benefits relating to hospital stays for childbirth. The NMHPA requirements apply to group health plans for plan years beginning on or after January 1, 1998 -”Job Safety & Health Protection” Poster -OSHA Form 300a - posted Feb. 1 – May 1 US District Attorney sues on behalf of veteran for wages lost or reemployment. DOL-Veterans‟ Employment Service Cease-and-desist order; reinstatement of employees with back pay; injunction proceedings; NLRB orders enforceable in fed. Court aka WAGNER ACT Penalties for noncompliance: $100 per day for each day a failure occurs. OSHA ‟70 Occupational 11/27/09 Employers with 10(?) employees and engaging in $7,000 ear each non-serious violation $7,000 per day for failure to correct violations by abatement date Page 7 ©2003 STAFF MANAGERS, LTD.CO. HR LAW SUMMARY This material is developed for the internal use of STAFF MANAGERS, LTD.CO. and should not be considered a legal authority. Safety and Health Act interstate commerce; service industries excluded? -Injury and Illness recording -MSDS Training for Hazard Communication -Requires employers to identify and eliminate unhealthful or hazardous conditions -Requires employees to comply with rules & regulations in the workplace -Prohibits retaliation against employees for exercising rights -Equal benefit or equal cost rule (Prohibits discrimination against persons over 40 in benefit plans.) -Requires 21 day consideration time, 7 day revocation time, written in plain language, advise to consult lawyer in writing, if giving severance for waiver Report within 20 days of the employees first day on the job New hire information provided by employers is compiled in a statewide directory. $7,000 for violation of posting requirements $70,000 for willful or repeated violation of Act $5,000 minimum for each willful violation Criminal penalties: willful violation resulting in death of employee: $250,000 fine ($500,000 if corporation) +/or imprisonment up to 6 months. Falsifying records, reports, or applications: $10,000 +/or 6 mos jail Occupational Safety and Health Administration OWBPA „90 Older Workers Benefit Protection Act PRWORA ‟96 Personal Responsibility and Work Opportunity Reconciliation Act PCA ‟36 Public Contracts Act (Walsh-Healey Act) Federal Law All employers in Texas will be required to report new hire information to the State Directory of New Hires Contracts which exceed or may exceed $10,000 entered into by any agency or instrumentality of the United States for the manufacture or furnishing of materials, supplies, articles, or equipment TX Attorney General This directory is regularly compared with a database of individuals who are legally required to pay child support. When a match occurs, a notice is immediately sent to the child support obligor's employer, notifying the employer to withhold child support. PDA ‟78 Pregnancy Discrimination 11/27/09 Employers with 15 or more employees -must pay prevailing minimum wage and OT at 1 ½ times for all hours worked over 40 -must maintain sanitary/non-hazardous work conditions -establishes minimum wage, maximum hours, and safety and health standards for work on such contracts, and prohibits the employment on contract work of convict labor (unless certain conditions are met) and children under 16 years of age. The employment of homeworkers (except handicapped clients of bona fide sheltered workshops) on a covered contract is not permitted. The act also requires the keeping of certain records. In addition to its coverage of prime contractors, the act under certain circumstances applies to secondary contractors performing work under contracts awarded by the Government prime contractor. Defines pregnancy as a short-term disability and states that employees must receive the same benefits as for any other short-term disability; falls within Title VII prohibition of US DOL All provisions of the act except the safety and health requirements are administered by the Wage and Hour Division Page 8 ©2003 STAFF MANAGERS, LTD.CO. HR LAW SUMMARY This material is developed for the internal use of STAFF MANAGERS, LTD.CO. and should not be considered a legal authority. Act RLA ‟26 Railway Labor Act RA ‟73 Rehabilitation Act Federal government contractor or subcontractor $10,000+(section 503) or employers receiving federal funds (section 504) All public companies and any private company that has filed a registration statement with the SEC sexual discrimination. Provides for the right to organize and for majority choice of representatives; prohibits “yellow dog” contracts and outlines dispute settlement procedures; covers railroad and airline employees. -Consolidated EEO Poster -Affirmative action plan if over $50,000 and 50 ee‟s -Requires AA and prohibits discrimination on the basis of disability -503 requires training on interviewing and selection for anyone involved in the selection process -requires CEOs and CFO to certify periodic corporate financial reports -prohibits personal loans or extensions of credit to executive officers and directors -requires that guidelines be established for audit committees -requires reimbursement by CEOs and CFOs of bonus and stock option profits upon certain restatements of financial statements -prohibits insider trading during pension fund blackout periods -requires the retention of all documents relevant to a government investigation -includes whistleblower protection -develop a code of ethics for senior financial officers -Sets wage rates and other labor standards for contractors furnishing services (no less then the prevailing wage rate and benefits) SOA ‟02 Sarbanes-Oxley Act Gov‟t can w/hold funds and collect back wages; debar from future contracts; Employee can sue for back wages and reinstatement or hiring. Compensatory and punitive damages available DOL-Employment Standards Administration-OFCCP (section 503) EEOC or agency responsible for providing financial assistance (section 504) Fines of up to $1 mil and/or imprisonment for up to 10 years. Willful violations up to $5 mil and/or imprisonment for up to 20 years. SCA ‟65 Service Contract Act (McNamaraO‟Hara Act) SSA ‟35 Social Security Act (FICA) Employers w/fed. gov‟t service contracts in excess of $2,500 involving use of service employees Employers who pay over $50 per quarter in wages Gov‟t can w/hold funds and collect back wages; debar from future contracts DOL-Employment Standards Administration-Wage and Hour Division Back taxes plus interest and penalties collectible by IRS US Social Security Administration and IRS Employer and employee each must contribute 7.65% of wages up to $62,500(?) and 1.45 (?) on excess up to $130,200(?) for 1996. Withholding required. Wage base subject to annual adjustment -Drug Policy -distribute to each employee on or before 1st day of hire TDFWR Texas Drug Free 11/27/09 Employers with 15+ employees and W/C Texas Workers‟ Compensation Commission Class D administrative violation, and may be assessed with an administrative penalty not to Page 9 ©2003 STAFF MANAGERS, LTD.CO. HR LAW SUMMARY This material is developed for the internal use of STAFF MANAGERS, LTD.CO. and should not be considered a legal authority. Workplace Rules (TAC 169.1, 169.2) Insurance -copy to W/C commission if requested -alcohol & inhalants covered in policy -description of treatment programs available & how to access in policy -availability & how to access drug education programs if any, in policy -description of testing program in policy -consequences for violating in policy exceed $500 TEFRA „82 Tax Equity and Fiscal Responsibility Act THRC ‟83 Texas Commission on Human Rights TPA Texas Payday Act Employers with 5% or more of the total workforce is outside (leased or temp) and working more that 1500 hours per year. covers employers with at least 15 employees Leased employees must be counted when determining whether or not a pension or profit sharing plan discriminates in favor of highly compensated employees if leased employees work more than 1500 hours in a plan year. Do not have to provide benefits, only count for discrm testing. -posting of Texas EEO law (recommended) protects against discrimination based upon race, color, gender, national origin, religion, age, and disability -Posting of Payday Notice -Paid 6 days after discharge, regular pay period for vacation and if quit -Deductions only under court order and if authorized by employee in writing -Cannot discharge or in any other matter discriminate against if: -filed a W/C claim -hired a lawyer to represent him in a claim -instituted a proceeding under the Texas Workers‟ Compensation Act -testified in any such proceeding -Post 2 notices in English & Spanish: W/C carrier is; Ombudsman Prg -if non-subscriber, must have all ee's sign notice w/in 5 days of hire (?) Outlines equal employment opportunity principles to more clearly define adverse impact and test validations. IRS-section 414n Texas Commission on Human Rights 512/437-3450 All employers $1,000 administrative penalty & wages. Willful intent to avoid payment is a 3rd degree felony: 10 yrs in prison, + $10,000. Court order to prohibit operating business. Texas Workforce CommissionLabor Law Department Individuals as well as business entities that are employers can be sued for workers‟ compensation discrimination. Employers who are self-insured and not subscribers can be sued under Section 451. Texas Supreme Court has ruled that this statute applies only to employees, not to applicants, discriminating against applicants based upon workers' compensation claim history will generally be viewed by the EEOC as a violation of disability discrimination laws TWC Texas Worker‟s Comp (Section 451 of the Texas Labor Code) anti-discrimination provisions cover all employers UG ‟78 Uniform 11/27/09 Same as CRA Page 10 ©2003 STAFF MANAGERS, LTD.CO. HR LAW SUMMARY This material is developed for the internal use of STAFF MANAGERS, LTD.CO. and should not be considered a legal authority. Guidelines on Employee Selection Procedures USERRA '94 Uniformed Services Employment and Reemployment Rights Act revised the Veteran‟s Reemployment Rights Act '40 VEOA ‟98 Veterans Employment Opportunities Act Guidelines for the use of interviewing, testing, training and other employee selection tools and impact on discrimination. Adverse impact, 80/20 rule. Require employers to maintain records on selection and makeup of workforce. -ee must give advance written or verbal notice of service; provide documentation for service of >30 days; must report back to work by certain time; -ee can not be required to use vac -can elect to continue health coverage -prompt reinstatement & accrued seniority -training or retraining and other accommodations -special protection against discharge up to 1 yr except for cause -ee & dep must be immediately reinstated to health ins amended on November 30, 1999. This Act allows preference eligibles or veterans who have been discharged from the armed forces under honorable conditions after having substantially completed an initial tour of military service but who are released short of 3 years (it is customary for the military to release individuals a few days before completing 3 year tours) to apply and compete for vacant positions under merit promotion procedures when an agency is accepting applications from individuals outside its own workforce. -Consolidated EEO Poster -Requires AA regarding Vietnam era vets, special disabled vets, and vets who served on active duty during a war or in a campaign or expedition for which a campaign badge has been authorized -Affirmative action plan required if 50+ employees and a contract of $50,000+ -Vet‟s 100 report (due Sept. 30th) -List all employment openings <$25,000 with state employment service (FAR 52.222-35) Office of Assistant Secretary for Veterans‟ Employment Training Service VEVRAA ‟74 Vietnam Era Veteran Readjustment Assistance Act Federal Government contractors or subcontractors $10,000+ Gov‟t can w/hold funds, collect back wages and require hiring, reinstatement and promotion; debar from future contracts DOL-Employment Standards Administration-OFCCP Walsh-Healey Act see PCA 11/27/09 Page 11 ©2003 STAFF MANAGERS, LTD.CO. HR LAW SUMMARY This material is developed for the internal use of STAFF MANAGERS, LTD.CO. and should not be considered a legal authority. WARN Act ‟88 Worker Adjustment and Retraining Notification Act WGA Wage Garnishment Act see CCPA Employers with at least 100 employees With some exceptions, requires 60-day notice to employees and state and local governments before layoffs of 50 or more employees Payment of 60 days wages and benefits to employees; $500 per day civil penalty paid to local government for up to 60 days. DOL-Employment and Training Administration (DOL issues regulations, but WARN is enforced only by private lawsuit). Call Ruth Seiler, MBA, SPHR, CCP STAFF MANAGERS, LTD. CO. 713/686-9682 email: firstname.lastname@example.org This “CHEET SHEET” is a summary of employment laws that affect how you do your business, and includes the new Sarbanes-Oxley Act. I have found this comprehensive summary to be a helpful reference tool in complying with all the laws that impact our day-to-day business decisions. It is also available on my website: www.staffmanagers.com. Just click “HR Laws”. You will also find some important information about the new HIPPA regulations there. I also have an audit tool of all employment compliance issues to help employers feel confident that they have met the myriad of obligations under all the regulations businesses must comply with. I have pulled together all the resources necessary to make it easy for our clients to be in compliance. If you would find this helpful, or if you know of a company that could use this help, please let me know. Just call me at 713/686-9682 or e-mail me at email@example.com. 11/27/09 Page 12 ©2003 STAFF MANAGERS, LTD.CO.