The Legal Side of Human Resources (HR) in Insurance

Transcription

1 The Legal Side of Human Resources (HR) in Insurance

2 (508) Latest updates are in RED! Human Resources Quick Resources for Labor and Employment Laws If you have at least this law applies to you What the law does: this many employees Federal The Affordable Care Act (Health Care Reform) By September 23, 200, group plans must cover dependents until age 26 and also provide free preventative screenings (example: mammograms). 5 Americans with Disabilities Act (ADA) Forbids discrimination against the disabled. 5 Title VII of the Civil Rights Act of 964 Prohibits discrimination on the basis of race, color, religion, sex, and national origin, includes harassment Age Discrimination in Employment Act (ADEA) Consolidated Omnibus Benefits Reconciliation Act (COBRA) Forbids discrimination on the basis of age 40 and over. Requires that employees who lose coverage under group health plans be given a continuation option. Drug-Free Workplace Act Requires employers make an ongoing effort to maintain a drug-free workplace. Electronic Communications Privacy Act (ECPA) Prohibits intentional interceptions of wire, oral, or electronic communications. Employee Polygraph Protection Act Forbids most employers to use lie detectors. Poster required. Employee Retirement Income Security Act (ERISA) Regulates benefits through a complex series of rules covering pensions, profit-sharing, stock bonus, and most insurance and other benefit plans.

3 Employee Right to Know Laws (Hazardous Chemicals in the Workplace) A disclosure rule that requires private sector employers with hazardous substances in their workplace to develop a comprehensive hazard communication program to train and inform their employees. Equal Pay Act (EPA) Fair Labor Standards Act (FLSA) 50 Family and Medical Leave Act (FMLA) Federal Income Tax Withholding Forbids discrimination in pay on the basis of gender. Poster required. Regulates the payment of minimum wages and overtime. Poster required. July of $6.55 per hour. July of $7.25 per hour. Mandates up to 2 weeks' leave in any 2-month period for certain circumstances. Employers are required to make deductions from employees' pay, for Social Security. Health Insurance Portability and Accountability Act (HIPAA) Limits the duration of preexisting condition exclusion in group health plans and gives new enrollees credit for prior coverage. Immigration Reform and Control Act (IRCA) Employers must verify that workers are legally entitled to work in the United States. Occupational Safety and Health Act (OSHA) Employers must furnish a workplace that is free from recognized hazards. Poster required. 50 Affirmative Action 5 Pregnancy Discrimination Act (PDA) Veterans Employment Opportunities Act National Labor Relations Act (NLRA) Requires the development of Affirmative Action Plans for employers with $50,000 or more in federal contracts. Forbids discrimination on the basis of pregnancy, childbirth, or related medical conditions. Requires that federal government contractors and subcontractors make special efforts to employ and promote specific types of veterans. Employees have the right to organize and bargain collectively for wages, hours, and working conditions. There is discussion that a posting requirement may be forthcoming (202).

4 Military Leave - Uniformed Services Employment and Reemployment Rights Act (USERRA) of 994 Prohibits discrimination against those who serve in the military, mandates military leave of absence. Veterans' Benefits Improvement Act of 2004 Extends benefits from 8 to 24 months and requires a posted notice at worksite Worker Adjustment and Retraining Notification Act (WARN) Genetic Information Non-Discrimination Act (GINA) Employers must notify employees of certain layoffs, shutdowns, and plant closings. Prohibits employers form using genetic information for employment-related decisions; also restricts employer's collection, possession and disclosure of such information. Posting requirement. Worker's Compensation Requires employers to provide insurance for workrelated in injuries or illnesses. State The Massachusetts Payment of Wages Act Wages must be paid within 6 days of the close of the pay period in which wages are earned; final pay due within 6 days after end of last pay period OR next regular pay period (whichever is earlier). The Massachusetts Equal Pay Act Forbids pay disparities between men and women. Massachusetts Minimum Wage Law 6 Sexual Harassment Sexual Orientation Discrimination Massachusetts Privacy Act (MPA) Currently $8.00/hr, exceptions apply (waiters, cab drivers). Mass requires employers to adopt a written policy and to provide each employee with a copy on the day of hire and annually thereafter; employers with 5 or fewer employees are required to ensure a workplace free of harassment. Mass is one of the states which prohibits discrimination based on sexual orientation. Prohibits disclosure of information of a personal nature where there is no legitimate business need.

5 Massachusetts Eavesdropping Act (MEA) Forbids use of electronic/mechanical device to listen to or record communication without consent of both parties; most likely exception is "an ordinary business practice" where lines are monitored for training or customer service purposes. Massachusetts Personnel Records Act (MPRA) Guarantees employees and former employees access to personnel records upon submission of a written request, employer has 5 days to comply. Amended in August, requiring employer to notify employees within 0 days of placing negative info in an employee file. Also permits employees to access their employee file up to two times per year (although any review triggered by the placement of negative information does not count toward this limit). 50 The Small Necessities Act 2 Mass Extension of Benefits ("Mini-COBRA") Allows FMLA-eligible employees to take up to 24 hours of unpaid time for school activities, medical/dental appointments for child/elderly relative. Requires Mass. Employers to provide COBRA-like benefits continuation rights in workplaces with 2-9 employees. 6 Massachusetts Fair Employment Practices Act (FEPA) Prohibits discrimination much like Title VII, but includes sexual orientation and genetic information. Mass Health Care Reform Act 6 Massachusetts Maternity Leave Act (MMLA) Massachusetts Privacy Law (20 CMR 7.00) Requires employers to offer health insurance/sec. 25 plan ( Guarantees eligible female employees 8 weeks of unpaid leave for the purpose of giving birth or for adoption (4 weeks for twins). MCAD in 2008 announced this must now be applied in gender neutral fashion. Anyone who has personal financial info (or access to) belonging to a resident of MA is required to develop a security system to protect this data.

6 Additional Resources Massachusetts CORI Reform Law Massachusetts Transgender Equality Act e-compliance advisor, federal law inquiries HR updates on timely topics national view of HR issues disability specific resource forum to voice your opinion on pending and current law Effective November 4, 200, employers will no longer be able to allowed to ask any questions about an applicant's criminal history on initial employment applications. A state database will be created and employers will be able to access felony convictions for 0 years and misdemeanors for 5 years as well as pending criminal charges. Serious convictions (e.g., murder) will be in the database permanently. Effective February 6, 202, an employer that has an applicant's CORI info will be required to provide a copy of that info to the applicant before asking the applicant about the topic. If an applicant is rejected based on this info, a copy of the criminal history must be provided to the applicant. Employers who conduct 5 or more criminal background checks annually on applicants must have a written policy. expands the definition of protected class in Mass. to include transgender persons All information provided is of a general nature and is not intended to address the circumstances of any particular entity or individual. Although we try to provide accurate and timely information, there can be no guarantee that such information is accurate as of the date received or that will continue to be accurate in the future. No one should act upon such information without appropriate professional advice after a thorough examination of the facts of a particular situation. Your Rights on the Job - A Practical Guide to Employment Laws in Mass (by Robert Schwartz, 4th edition) inexpensive resource in layperson's language health insurance resource for Mass companies health insurance resource for Healthcare Reform (200) All information is of a general nature and not intended to address the circumstances of any particular entity or individual. Although we try to provide accurate and timely information, there can be no guarantee that such information is accurate as of the date received of that will continue to be accurate in the future. No one should act upon such information without appropriate professional advice after a thorough examination of the facts of a particular situation.

7 0/25/202 (508) Latest updates are in RED! Human Resources Quick Resources for Labor and Employment Laws If you have at least this law applies to you What the law does: this many employees Federal The Affordable Care Act (Health Care Reform) By September 23, 200, group plans must cover dependents until age 26 and also provide free preventative screenings (example: mammograms). 5 Americans with Disabilities Act (ADA) Forbids discrimination against the disabled. 5 Title VII of the Civil Rights Act of 964 Prohibits discrimination on the basis of race, color, religion, sex, and national origin, includes harassment Age Discrimination in Employment Act (ADEA) Consolidated Omnibus Benefits Reconciliation Act (COBRA) Forbids discrimination on the basis of age 40 and over. Requires that employees who lose coverage under group health plans be given a continuation option. Drug-Free Workplace Act Requires employers make an ongoing effort to maintain a drug-free workplace. Electronic Communications Privacy Act (ECPA) Prohibits intentional interceptions of wire, oral, or electronic communications. Employee Polygraph Protection Act Forbids most employers to use lie detectors. Poster required. Employee Retirement Income Security Act (ERISA) Regulates benefits through a complex series of rules covering pensions, profit-sharing, stock bonus, and most insurance and other benefit plans.

8 Employee Right to Know Laws (Hazardous Chemicals in the Workplace) A disclosure rule that requires private sector employers with hazardous substances in their workplace to develop a comprehensive hazard communication program to train and inform their employees. Equal Pay Act (EPA) Fair Labor Standards Act (FLSA) 50 Family and Medical Leave Act (FMLA) Federal Income Tax Withholding Forbids discrimination in pay on the basis of gender. Poster required. Regulates the payment of minimum wages and overtime. Poster required. July of $6.55 per hour. July of $7.25 per hour. Mandates up to 2 weeks' leave in any 2-month period for certain circumstances. Employers are required to make deductions from employees' pay, for Social Security. Health Insurance Portability and Accountability Act (HIPAA) Limits the duration of preexisting condition exclusion in group health plans and gives new enrollees credit for prior coverage. Immigration Reform and Control Act (IRCA) Employers must verify that workers are legally entitled to work in the United States. Occupational Safety and Health Act (OSHA) Employers must furnish a workplace that is free from recognized hazards. Poster required. 50 Affirmative Action 5 Pregnancy Discrimination Act (PDA) Veterans Employment Opportunities Act National Labor Relations Act (NLRA) Requires the development of Affirmative Action Plans for employers with $50,000 or more in federal contracts. Forbids discrimination on the basis of pregnancy, childbirth, or related medical conditions. Requires that federal government contractors and subcontractors make special efforts to employ and promote specific types of veterans. Employees have the right to organize and bargain collectively for wages, hours, and working conditions. There is discussion that a posting requirement may be forthcoming (202).

9 Military Leave - Uniformed Services Employment and Reemployment Rights Act (USERRA) of 994 Prohibits discrimination against those who serve in the military, mandates military leave of absence. Veterans' Benefits Improvement Act of 2004 Extends benefits from 8 to 24 months and requires a posted notice at worksite Worker Adjustment and Retraining Notification Act (WARN) Genetic Information Non-Discrimination Act (GINA) Employers must notify employees of certain layoffs, shutdowns, and plant closings. Prohibits employers form using genetic information for employment-related decisions; also restricts employer's collection, possession and disclosure of such information. Posting requirement. Worker's Compensation Requires employers to provide insurance for workrelated in injuries or illnesses. State The Massachusetts Payment of Wages Act Wages must be paid within 6 days of the close of the pay period in which wages are earned; final pay due within 6 days after end of last pay period OR next regular pay period (whichever is earlier). The Massachusetts Equal Pay Act Forbids pay disparities between men and women. Massachusetts Minimum Wage Law 6 Sexual Harassment Sexual Orientation Discrimination Massachusetts Privacy Act (MPA) Currently $8.00/hr, exceptions apply (waiters, cab drivers). Mass requires employers to adopt a written policy and to provide each employee with a copy on the day of hire and annually thereafter; employers with 5 or fewer employees are required to ensure a workplace free of harassment. Mass is one of the states which prohibits discrimination based on sexual orientation. Prohibits disclosure of information of a personal nature where there is no legitimate business need.

10 Massachusetts Eavesdropping Act (MEA) Forbids use of electronic/mechanical device to listen to or record communication without consent of both parties; most likely exception is "an ordinary business practice" where lines are monitored for training or customer service purposes. Massachusetts Personnel Records Act (MPRA) Guarantees employees and former employees access to personnel records upon submission of a written request, employer has 5 days to comply. Amended in August, requiring employer to notify employees within 0 days of placing negative info in an employee file. Also permits employees to access their employee file up to two times per year (although any review triggered by the placement of negative information does not count toward this limit). 50 The Small Necessities Act 2 Mass Extension of Benefits ("Mini-COBRA") Allows FMLA-eligible employees to take up to 24 hours of unpaid time for school activities, medical/dental appointments for child/elderly relative. Requires Mass. Employers to provide COBRA-like benefits continuation rights in workplaces with 2-9 employees. 6 Massachusetts Fair Employment Practices Act (FEPA) Prohibits discrimination much like Title VII, but includes sexual orientation and genetic information. Mass Health Care Reform Act 6 Massachusetts Maternity Leave Act (MMLA) Massachusetts Privacy Law (20 CMR 7.00) Requires employers to offer health insurance/sec. 25 plan ( Guarantees eligible female employees 8 weeks of unpaid leave for the purpose of giving birth or for adoption (6 weeks for twins). MCAD in 2008 announced this must now be applied in gender neutral fashion. Anyone who has personal financial info (or access to) belonging to a resident of MA is required to develop a security system to protect this data.

11 Additional Resources Massachusetts CORI Reform Law Massachusetts Transgender Equality Act e-compliance advisor, federal law inquiries HR updates on timely topics national view of HR issues disability specific resource forum to voice your opinion on pending and current law Effective November 4, 200, employers will no longer be able to allowed to ask any questions about an applicant's criminal history on initial employment applications. A state database will be created and employers will be able to access felony convictions for 0 years and misdemeanors for 5 years as well as pending criminal charges. Serious convictions (e.g., murder) will be in the database permanently. Effective February 6, 202, an employer that has an applicant's CORI info will be required to provide a copy of that info to the applicant before asking the applicant about the topic. If an applicant is rejected based on this info, a copy of the criminal history must be provided to the applicant. Employers who conduct 5 or more criminal background checks annually on applicants must have a written policy. expands the definition of protected class in Mass. to include transgender persons All information provided is of a general nature and is not intended to address the circumstances of any particular entity or individual. Although we try to provide accurate and timely information, there can be no guarantee that such information is accurate as of the date received or that will continue to be accurate in the future. No one should act upon such information without appropriate professional advice after a thorough examination of the facts of a particular situation. Your Rights on the Job - A Practical Guide to Employment Laws in Mass (by Robert Schwartz, 4th edition) inexpensive resource in layperson's language health insurance resource for Mass companies health insurance resource for Healthcare Reform (200) All information is of a general nature and not intended to address the circumstances of any particular entity or individual. Although we try to provide accurate and timely information, there can be no guarantee that such information is accurate as of the date received of that will continue to be accurate in the future. No one should act upon such information without appropriate professional advice after a thorough examination of the facts of a particular situation.