HR COMPLIANCE

The many laws and regulations that govern your work place and employment actions must be understood to minimize your risk. Most important is the interpretation and application of policy and practice. Ignorance of the Law is not a defense.

Age Discrimination
The age discrimination in employment act of 1967 prohibits employment discrimination against persons 40 years of age or older.

California COBRA
Cal-COBRA applies to employers and group health plans that cover from 2 to 19 employees. It lets you keep your health plan for up to 36 months.

Child Labor Laws
Child labors laws are authorized by the fair labor standards act of 1938. These provisions were enacted to ensure that when young people work, the work is safe and does not jeopardize their health, well-being or educational opportunities.

California Confidentiality of Medical Information Act
Each employer who receives medical information shall establish appropriate procedures to ensure the confidentiality and protection from unauthorized use and disclosure of that information. These procedures may include, but are not limited to, instruction regarding confidentiality of employees and agents handling files containing medical information, and security systems restricting access to files containing medical information.

Disability Insurance Coverage
Employers are required by law to withhold and remit SDI contributions and to inform their employees of SDI benefits. State and federal regulations require employers to display various posters and notices to inform their employees of certain laws and regulations pertaining to employment and working conditions.

Drug Free Workplace
The Drug-Free Workplace Act of 1988 requires some Federal contractors and all Federal grantees to agree that they will provide drug-free workplaces as a precondition of receiving a contract or grant from a Federal agency.

Drug Testing
California law allows an employer to require a suspicion-less drug test as a condition of employment after a job offer is tendered but before the employee goes on the payroll. You may not require employees to submit to random drug testing, except under certain narrowly defined circumstances.

Equal Pay Act
The equal pay act prohibits sex-based wage discrimination between men and women in the same establishment who perform jobs that require substantially equal skill, effort and responsibility under similar working conditions.

Fair Credit Reporting Act
The FCRA requires employers to notify applicants and employees before ordering a background check or taking an adverse employment action based on the results of a background check. It also requires that prior to ordering a background check an employer must obtain the application and employee's consent. Failure to comply with these requirements can result in civil penalties, punitive damages, and even attorneys' fees.

Hazardous Communications Act
Employers that use hazardous chemicals must have a program to ensure the information is provided to exposed employees.

Health Insurance Portability Accountability Act
Individuals, organizations, and agencies that meet the definition of a covered entity under HIPAA must comply with the rules requirements to protect the privacy and security of health information and must provide individuals with certain rights with respect to their health information.

Injury/Illness Prevention Act
Effective July 1, 1991, every employer shall establish, implement and maintain an Injury and Illness Prevention Program. The Program shall be in writing and identify the person or persons with authority and responsibility for implementing the program, include a system for ensuring that employees comply with safe and healthy work practices and include a system for communicating with employees in a form readily understandable by all affected employees on matters relating to occupational safety and health, including provisions designed to encourage employees to inform the employer of hazards at the worksite without fear of reprisal.

Jury Duty Leave
An employer may not discharge or in any manner discriminate against an employee for taking time off to serve as required by law on an inquest jury or trial jury, if the employee, prior to taking the time off, gives reasonable notice to the employer that he or she is required to serve.

Military Duty Leave
Employers are required to provide time-off to employees who are serving in the military. Employers of all sizes are included in this mandate, and the rules governing your employees' rights are set forth in both federal and state law.

National Labor Relations Act
Congress enacted the National Labor Relations Act ("NLRA") in 1935 to protect the rights of employees and employers, to encourage collective bargaining, and to curtail certain private sector labor and management practices, which can harm the general welfare of workers, businesses and the U.S. economy.

Sexual Harassment
Sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964. Title VII applies to employers with 15 or more employees, including state and local governments. It also applies to employment agencies and to labor organizations, as well as to the federal government.

Time Off to Vote
If an employee does not have sufficient time outside of working hours to vote, the employer must provide enough time off that, when added to time available outside of working hours, the employee will be able to vote. Up to two hours off must be paid. Employers must post, in a conspicuous place, a notice setting forth these provisions no less than 10 days before the election.

Unemployment Insurance Coverage
Virtually all employers must pay federal and state unemployment tax. Employers pay the federal tax if, during the current or preceding year, they: paid wages of $1,500 or more in any calendar quarter or employed one person for some part of the day during any 20 weeks of the year.

Wage & Hour Provisions
Wage and hour laws set the basic standards for pay and time worked covering issues like minimum wage, tips, overtime, meal and rest breaks, what counts as time worked, when you must be paid, things your employer must pay for, etc. The minimum wage in California is $9 per hour.

Workers’ Compensation Insurance Coverage
California employers are required by law to have workers' compensation insurance, even if they have only one employee and if your employees get hurt or sick because of work, you are required to pay for workers' compensation benefits.

Let HR Alternatives provide your company greater peace of mind. To learn more about our Advisory Services contact us at 949-453-6250.