So You Are The HR Manager? HR Boot Camp for Small Business ©J. Edward Enoch, P.C. 2011September 21, 2011

Employment Statushiring, firing and everything in between Compensation and BenefitsFLSA and ERISA Working ConditionsOSHA and EEOC ComplianceImmigration, HIPPA, Postings HR Issues

You dont have to come to work and I dont 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 Employment at Will

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

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 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 Title VII of the Civil Rights Act of 1964 (Title VII)

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

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 Americans with Disabilities Act (ADA)

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

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 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 Family and Medical Leave Act (FMLA)

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) Fair Labor Standards Act (FLSA)

Enforced by the Federal DOL and IRS Covers employer provided pension and health care plans Includes COBRA and HIPAA U.S. DOL - ERISA 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 months depending on qualifying event 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 terminationtermination of benefits (ex. divorce, death) – U.S. DOL - COBRA U.S. DOL - COBRA 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 U.S. DOL - Portability of Health Coverage Employee Retirement and Income Security Act (ERISA)

Enforced by Immigration and Customs Enforcement (ICE) No minimum employee requirement I-9 Employment Eligibility VerificationEmployment Eligibility Verification For every employee To verify eligibility to work Important to avoid document abuse or national origin discrimination Immigration

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 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 Uniformed Services Employment and Reemployment Rights Act Uniform Services Employment and Reemployment Rights Act (USERRA)

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

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 Organizational Health and Safety Act (OSHA)

Whats left after the alphabet soup is gone? State Law

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 South Carolina Department of Employment and Workforce Unemployment

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 Workers Compensation carrier SCWCC Home Georgia Worker's Comp Board Workers Compensation

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 Georgia and South Carolina Immigration

Questions? PowerPoint can be downloaded at