Human Resources

Federal law prohibits asking for disability information except

As a part of a voluntary questionnaire under an affirmative action plan for the purpose of applicant tracking. Otherwise, it is unlawful to discriminate and ask for medical information prior to an offer of employment under federal law

Documentation

Control the documentation as a part of the hiring process Do not add anything in the margins of a hiring process that may show bias

HRG Requirements

General knowledge of employment laws and practices. Experience in the administration of benefits and compensation programs and other Human Resources programs. Excellent computer skills in a Microsoft Windows environment. Must include Excel and demonstrated skills in database management and record keeping. Effective oral and written communication. Excellent interpersonal and coaching skills. Evidence of the practice of a high level of confidentiality. Excellent organizational skills.

ADA (Americans with Disabilities Act)

Of 1990. Under the ADA, you have a disability if you have at least one of the following: A physical or mental impairment that substantially limits one or more major life activities; A record of such an impairment; or. You are regarded as having such an impairment.

Combating or Preventing a Gender-Pay Gap

Review department pay scales to identify possible equal-pay complaints. Different pay for the same job title is fine as long as you can point to varying levels of responsibility, duties, skill requirements or education requirements.

Priorities of the HRG

Safety of the workforce. Development of a superior workforce. Development of the Human Resources department. Development of an employee-oriented company culture that emphasizes quality, continuous improvement, and high performance. Personal ongoing development.

Best Response to Job Discrimination Law

Treat all employees and applicants equally, without regard to their race, religion, gender or any other characteristics not related to job performance. Demand the same from anyone you supervise and don't tolerate any kind of harassment.

Action to Prevent Pregnancy Discrimination

Treat pregnant employees the same as other employees on the basis of their ability or inability to work. Example: If you provide light duty for an employee who can't lift boxes because of a bad back, you must make similar arrangements for a pregnant employee.

EEOC (Equal Employment Opportunity Commission)

a federal agency that administers and enforces civil rights laws against workplace discrimination. The EEOC investigates discrimination complaints based on an individual's race, children, national origin, religion, sex, age, disability, sexual orientation, gender identity, genetic information, and retaliation for reporting, participating in, and/or opposing a discriminatory practice

Action to Overtime and Minimum Wage Law

Always pay employees above the minimum wage and pay overtime when applicable. Contact HR when making major changes to employees' duties, which could make the employee eligible or ineligible for overtime pay.

Actions to Defend Military Leave Law

Don't challenge a returning reservist's bid to get his old job back; courts typically side with employees in USERRA disputes.

Who is eligible for overtime (FLSA)?

Employees who work in non-exempt positions are not exempt from the overtime pay requirements of the FLSA. They keep records of the specific times they work so that they are paid overtime when they work more than 40 hours in a workweek. Overtime is paid at 1.5 times the employee's hourly rate.

OFCCP

The Office of Federal Contract Compliance Programs is part of the U.S. Department of Labor. OFCCP is responsible for ensuring that employers doing business with the Federal government comply with the laws and regulations requiring nondiscrimination. This mission is based on the underlying principle that employment opportunities generated by Federal dollars should be available to all Americans on an equitable and fair basis.

Pregnancy Discrimination Law

The Pregnancy Discrimination Act (PDA) prohibits job discrimination on the basis of "pregnancy, childbirth and related medical conditions." You can't deny a job or promotion merely because an employee is pregnant or had an abortion. She can't be fired for her condition or forced to go on leave.

Title VII

Title VII of the Civil Rights Act of 1964 is a federal law that prohibits employers from discriminating against employees on the basis of sex, race, color, national origin, and religion. It generally applies to employers with 15 or more employees, including federal, state, and local governments.

Training for Interviewing

Very few managers and supervisors are good interviewers. Asking irrelevant questions, seeking unlawful information, or alienating good prospects are only some of the problems.

What's not covered under FMLA?

colds and flu earaches upset stomachs and minor ulcers headaches (other than migraines) routine dental or orthodontic problems or periodontal disease, and cosmetic treatments (other than for restorative purposes), unless complications arise or inpatient care is required.

Website Providing All Laws

https://www.thehrspecialist.com/3473/the-10-employment-laws-every-manager-should-know

ADEA (Age Discrimination in Employment Act)

The Age Discrimination in Employment Act of 1967 (ADEA) protects certain applicants and employees 40 years of age and older from discrimination on the basis of age in hiring, promotion, discharge, compensation, or terms, conditions or privileges of employment.

Age Discrimination Law

The Age Discrimination in Employment Act says you can't discriminate in any way against applicants or employees older than 40 because of their age.

Job Discrimination Law

Title VII of the Civil Rights Act of 1964 prohibits you from discriminating in hiring, firing or pay based on a person's race, religion, sex or national origin. It also prohibits sexual harassment.

HRG Physical Commitment

While performing the responsibilities of the Human Resources Generalist's job, the employee is required to talk and hear. The employee is often required to sit and use their hands and fingers, to handle or feel and to manipulate keys on a keyboard.

Organizational Development

Assists with the carrying out of a company-wide process of organization development that addresses issues such as succession planning, superior workforce development, key employee retention, organization design, and change management. Assists with employee communication and feedback through such avenues as company meetings, suggestion programs, employee satisfaction surveys, newsletters, employee focus groups, one-on-one meetings, and Intranet use. Helps ​to monitor the organization's culture so that it supports the attainment of the company's goals and promotes employee satisfaction. Assists with the company-wide committees including the wellness, training, environmental health and safety, activity, and culture and communications committees.

Develop HR Department

Assists with the development and administration of programs, procedures, and guidelines to help align the workforce with the strategic goals of the company. Participates in developing department goals, objectives, and systems. Participates in administrative staff meetings and attends other meetings and seminars. Assists to establish departmental measurements that support the accomplishment of the company's strategic goals. Assists with the monitoring of an annual budget.

Employee Relations

Assists with the development of Human Resources policies for the company with regard to employee relations. Partners with management to communicate Human Resources policies, procedures, programs, and laws. Recommends employee relations practices necessary to establish a positive employer-employee relationship and promote a high level of employee morale and motivation. Participates in the conduct of investigations when employee complaints or concerns are brought forth. Advises managers and supervisors about the steps in the progressive discipline system of the company. Counsels managers on employment issues. Assists with the implementation of company safety and health programs. Tracks and posts OSHA-required data and files reports.

Training and Development

Assists with the implementation of the performance management system that includes performance development plans (PDPs) and employee development programs. Assists with the establishment of an in-house employee training system that addresses the company's training needs including training needs assessment, new employee orientation or onboarding, management development, production cross-training, the measurement of training impact, and training transfer. Assists managers with the selection and contracting of external training programs and consultants. Provides necessary education and materials to managers and employees including workshops, manuals, employee handbooks, and standardized reports. Assists with the development of and monitors the spending of the corporate training budget. Maintains employee training records.

Compensation

Assists with the monitoring of the company wage and salary structure and the variable pay systems within the company including bonuses and raises. Provides competitive market research and prepares pay studies to help establish pay practices and pay bands that help to recruit and retain superior staff. Provides payroll processing backup support. Partners with accounting and payroll to maintain the payroll database. Participates in one salary survey per year.

Applicant Communication

At a minimum an employer should identify who was considered for a position and how long an individual's application will remain active for future consideration. This exercise is very important for government contractors that may face OFCCP audits; particularly in light of the agency's definition of "internet applicant".

Law

Complies with all existing governmental and labor legal and government reporting requirements including any related to the Equal Employment Opportunity (EEO), the Americans With Disabilities Act (ADA), the Family and Medical Leave Act (FMLA), Employee Retirement Income Security Act (ERISA), the Department of Labor, worker compensation, the Occupational Safety and Health Administration (OSHA), and so forth. Maintains minimal company exposure to lawsuits. Protects the interests of employees and the company in accordance with company Human Resources policies and governmental laws and regulations.

HR Generalist Topics

HR Generalist Certification Training Providing an Overview of Employment Discrimination and Harassment and Title VII Laws Tips for Avoiding Legal Pitfalls Under the ADA and FMLA FLSA-Understand How to Properly Classify Employees as Exempt vs. Non-Exempt FLSA How to Properly Classify Workers as Employees vs. Independent Contractors The NLRA-What HR Needs to Know Even in a Non-Union Environment Tips on Interviewing Applicants While Avoiding Violating the Employment Discrimination Laws Methods to Negotiate the Hiring Process and Prevent Creating Implied Contracts of Employment Top Tips to Prevent Harassment in your Workplace Tips on how to Comply with a Manager's Heightened Responsibilities Toi Prevent Harassment Under the Law Understanding How to Properly Manage Leave of Absence Issues Learn how the FMLA and ADA Impact Absenteeism and Tardiness Managing Performance and Attendance Issues Documenting Poor Performance to Create a Paper Trail Methods to Ensure your Termination of Poor Performers Do Not Create Legal Liability Tips for Drafting Excellent Disciplinary Letters to Document Poor Performance

Uniformity of Process

Identify in writing the minimum qualifications of the position and review the job description. Establish criteria for an "applicant" including whether you will consider unsolicited resumes, internet inquiries, and recruiter referrals. Identify the qualified applicants and the process for selecting the most qualified. Develop a base set of job related questions for interviewers. Develop a simple applicant assessment form. Document the reasons for selection of the successful candidate. Make sure the process is followed

Staying Compliant with Immigration Law

Managers should note that it's still illegal to discriminate against illegal aliens - via harassment or subminimum pay - even if the illegal immigrant is hired inadvertently.

What does an HRG do?

Manages the day-to-day operations of a human resource office. The HR Generalist manages the administration of the human resources policies, procedures, and programs. The HR Generalist carries out responsibilities in the following functional areas: departmental development, Human Resource Information Systems (HRIS), employee relations, training and development, benefits, compensation, organizational development, and employment.

Report HRIS (Human Resource Information Systems)

Manages the development and maintenance of the Human Resources sections of both the Internet, particularly recruiting, culture, and company information; and intranet sites. Maintains employee-related databases. Prepares and analyzes reports that are necessary to carry out the functions of the department and company. Prepares periodic reports for management, as necessary or requested. Fully utilizes Human Resources software to the company's advantage.

Employment Decisions

Manages the recruitment process for exempt and nonexempt employees and interns using the standard recruiting and hiring practices and procedures necessary to recruit and hire a superior workforce. Conducts the recruiting planning meetings when needed staff is identified. Reviews the resumes for all job candidates and interviews nonexempt and exempt, when assigned, candidates for employment. Serves on employee selection committees or meetings.

Education and Experience - HRG

Minimum of a Bachelor's degree or equivalent in Human Resources, Business, or Organization Development or equivalent. Masters degree preferred. Three to five plus years of progressive leadership experience in Human Resources positions. Specialized training in employment law, compensation, organizational planning, organization development, employee relations, safety, training, and preventive labor relations, preferred. Professional in Human Resources (PHR) certification preferred, not required.

Action to Prevent Disability Discrimination

Never immediately reject applicants because you think their disability would prevent them from doing the job. When hiring, stick to questions about the applicant's ability to perform the job's essential functions; don't ask questions that would reveal an applicant's disability. Work with HR to help create reasonable accommodations for disabled employees.

Best Defense Against Age Discrimination

Never take a person's age or proximity to retirement into account when making decisions on hiring, firing, pay, benefits or promotions.

FLSA (Fair Labor Standards Act)

Of 1938. The FLSA establishes minimum wage, overtime pay, recordkeeping, and youth employment standards affecting employees in the private sector and in Federal, State, and local governments. Covered nonexempt workers are entitled to a minimum wage of not less than $7.25 per hour effective July 24, 2009.

FMLA (Family and Medical Leave Act)

Of 1993. Refers to the Family and Medical Leave Act, which is a federal law that guarantees certain employees up to 12 workweeks of unpaid leave each year with no threat of job loss. FMLA also requires that employers covered by the law maintain the health benefits for eligible workers just as if they were working.

Prohibited Questions

Prohibits employers from eliciting information or using any form of application that contains questions or entries concerning race, color, religious creed, ancestry, age, sex, national origin, past handicap or disability

How to Stay Compliant with Workplace Safety Law

Provide a safe work environment for your staff, and point out any noticeable hazards or potential safety problems as soon as possible.

Benefits

Provides day-to-day benefits administration services. Assist employees with any claim issues. Develops and schedules benefits orientations and other benefits training. Administers the 401(k) plan and completes yearly compliance reporting. Administers disability and worker's compensation claims. Recommends changes in benefits offered, especially new benefits aimed at employee satisfaction and retention.

What is covered under FMLA?

Serious Health Conditions: --inpatient/overnight stay --incapacity for three consecutive days --incapacity due to pregnancy or prenatal care including routine check-ups --chronic serious health conditions with two visits/year continuous or episodic --permanent long-term incapacity with healthcare provider supervision, conditions requiring multiple treatments

Where does ADA 1990 Extend?

The Americans with Disabilities Act (ADA) became law in 1990. The ADA is a civil rights law that prohibits discrimination against individuals with disabilities in all areas of public life, including jobs, schools, transportation, and all public and private places that are open to the general public.

Disability Discrimination Law

The Americans with Disabilities Act (ADA) prohibits job discrimination against qualified people with disabilities (i.e., those who can perform the job's essential functions with or without a reasonable accommodation).

Gender-Pay Law

The Equal Pay Act (EPA) says employers can't pay female employees less than male employees for equal work on jobs that require equal skill, effort and responsibility.

Overtime and Minimum Wage Law

The Fair Labor Standards Act (FLSA) is the nation's main wage law. It sets the federal minimum wage (many states have higher minimums) and requires time-and-a-half overtime pay for hourly employees who work more than 40 hours in a workweek. The FLSA also limits the hours and type of duties that teens can work.

Family Leave Law

The Family and Medical Leave Act (FMLA) says eligible employees - those with at least a year of service - can take up to 12 weeks per year of unpaid, job-protected time off for the birth of a child or adoption of a child or to care for themselves or a sick child, spouse or parent who has a "serious" health condition. The FMLA applies to organizations with 50 or more employees.

Immigration Law

The Immigration Reform and Control Act (IRCA) makes it illegal to hire and employ illegal aliens. Employers must verify identification and workplace eligibility for all hires by completing I-9 Forms.

Workplace Safety Law

The Occupational Safety and Health Act (OSHA) requires employers to run a business free from recognized hazards.

Military Leave Law

The Uniformed Services Employment and Reemployment Rights Act (USERRA) makes it illegal to discriminate against employees who volunteer or are called to military duty. When reservists return from active duty tours of less than five years, you must reemploy them to their old jobs or to equal jobs.

Who is eligible for FMLA?

The employee must have been employed with the company for 12 months. The employee must have worked at least 1,250 hours during the 12 months prior to the start of FMLA leave. The employer is one who employs 50 or more employees within a 75-mile radius of the worksite.

Action for Family Leave Requests

When employees request leave, listen for requests that would meet the FMLA criteria. Employees don't need to use the words "FMLA leave" to gain protection under the law. Contact HR when hearing such requests.

Worker's Compensation

Workers' compensation laws ensure that an employee who is injured as a result of an accident on the job or who contracts a disease as a result of performing his or her job, will receive compensation and medical benefits. Every state requires that employers purchase workers' compensation insurance to ensure that employees, who are affected by illness or injury, and their dependents, are protected against significant hardships in case of injury, illness, or death. Applies regardless of fault. This most frequently covered up to two-thirds of a worker's normal compensation. Employer benefits from immunity of lawsuits (mostly).