HRxpress -- Federal HR Compliance including Posting and Notice Requirements

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1 Law Background ER Size Posting and Notice Requirements Age Discrimination in Employment Act (ADEA) Protects people 40 and older from discrimination based on age. Also makes it illegal to retailiate against an individual because the person complained about discrimination, filed a charge of discrimination, or participated in an investigation or lawsuit based based on employment discrimination. 20 or more Covered by Title VII posting requirement Americans with Disabilities Act (ADA/ADAAA) Makes it illegal to discriminate against qualified individuals with a disability and to retailiate against an individual because he/she complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit. The law also requires employers to reasonably accommodate applicants and employees who have a known physical or mental limitations but are otherwise qualified in all facets of employment, unless it would impose an undue hardship on the employer. 15 or more Covered by Title VII posting requirement Title VII of the Civil Rights Act of EEO Makes it illegal to discriminate against someone on the basis of race, color, religion, national origin or sex. The law also makes it illegal to retailiate against an individual because he/she complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit. The law also requires employers to reasonably accommodate applicants and employees' religious practices unless doing so would impose an undue hardship on the employer's operations. 15 or more Covered employers must post one of two EEO posters: 1) EEOC Poster; 2) DOL OFCCP's poster - Employment Opportunity is the Law Poster. Postings must be placed in an area visible by employees and applicants. Civil Rights Act of 1991 Amended Title VII and the ADA to allow for jury trials and compensatory and punitive damage awards in discrimination cases Title III of the Consumer Requires restrictions on wage garnishments. Credit Protection Act (CPPA) 15 or more Covered by Title VII posting requirement All Consolidated Omnibus Benefits Reconciliation Act (COBRA) Requires most group health plans to provide temporary continuation of group health coverage that otherwise would have been terminated. Group Health plans must provide covered employees and their families with certain notices including an initial COBRA notice and rules on how COBRA continuation coverage is offered, elected and when it will be terminated. 20 or more Drug-Free Workplace Act of 1998 Requires some federal contractors to agree that they will provide a drug-free workplace as a pre-condition of receiving a contract or grant from the federal government Employers must post that they maintain a drugfree workplace and specify actions that will be Certain Contractors Only taken for violations of the policy.

2 Employee Polygraph Protection Act (EPPA) Prohibits most private employers from using lie detector tests, either for preemployment screening purposes or during the course of employment. All private ER's Employers subject to EPPA must have a notice posted in an area visible to employees and applicants explaining the EPPA. Employee Retirement Income Security Act (ERISA) Sets minimum standards for retirement and health benefit plans in the private employer sector including conduct, fiduciary rules and reporting requirements to the government and plan participants. ERISA covers retirement, health and other welfare benefit plans such as life, disability, etc. ERISA requires several notice requirements for health plans including an SPD (Summary of Plan Description), special enrollment notices, and certificates of creditable coverage. Other notices that may be required include COBRA, HIPAA, WHCRA, The Newborns' Act and Michelle's Law - depending on the number of EE's and benefits offered by the plan. ERISA requires retirement plans to provide an SPD, individual benefit statements and a summary annual report. The Equal Pay Act Executive Order (as amended by Executive Order 13672) Amended the FLSA to prohibit sex-based wage discrimination based on males/females performing jobs that require substantially equal skill, effort and responsibility and under similar working conditions. Prohibits federal contractors and subcontractors and federally-assisted construction contractors with $10K or more in contracts from discriminating in employment decisions on the basis of race, color, religion, sex, national orgin, sexual orientation and gender identity. Requires employers to take affirmative action and ensure equal opportunity in all facets of employment. This also may apply to certain financial institutions. All Contractors/ Subcontractors w/$10k or more in contracts Requires employers to post the EEO Notice - Equal Employment Opportunity is the Law. This posting must be visible to both applicants and employees and provided to labor unions, if a collective bargaining agreement exists. A written AAP is required at $50,000 and 50 EE's. Executive Order (as amended by Executive Orders and ) - E-Verify Requires all federal contractors and subcontractors to use the U.S. Department of Homeland Security (DHS) designated electronic employment verification/authorization system (E-Verify). E-Verify is voluntary for most employers but may be required under certain state laws. If applicable Covered federal contractors and participating employers must display "E-Verify Participation" and "Right to Work" posters in English and Spanish to inform employees and applicants of their legal rights and protections. Executive Order Requires federal contractors and subcontractors to provide notice of employee rights under the NLRA (National Labor Relations Act). Contractors/ Subcontractors w/$100k or more in contracts Covered federal contractors must display the "Notice of Employee Rights Under Labor Laws" Poster.

3 Fair Credit Reporting Act (FCRA) Governs the use of consumer reports by employers (background checks) Requires employers to notify applicants that a consumer report may be obtained for employment purposes; their rights under the FCRA; and required notices related to adverse actions based on the findings. Fair Labor Standards Act (FLSA) Family and Medical Leave (FMLA) Establishes standards for minimum wages, overtime, recordkeeping and child labor laws. Allows eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health coverage under the same conditions as if the employee had not taken leave. 50 or more employees in 20 or more work weeks in current or preceding calendar year Employers are required to post the general FLSA poster. Employers are required to display a poster explaining the provisions of the FMLA and telling employees how to file a complaint with the DOL. Posting must be visible to applicants and employees. Employers are also required to provide certain notices including General Notice, Eligibility Notice; Rights and Responsibilities; and Leave Designation Notice. Income Tax Requires employers to withhold taxes on employee wages. Withholding Insurance Imposes taxes on both employers and employees to fund social security and Contribution Act (FICA) medicare Unemployment Tax Tax used to fund state unemployment agencies Act (FUTA) Genetic Information Makes it illegal to disciminate against employees or applicants because of Nondiscrimination Act genetic information (including individual's family medical history). (GINA) Health Insurance Portability and Accountability Act of 1996 (HIPAA) Immigration and Nationality Act (INA) of 1952 Immigration Reform and Control Act (IRCA) Provides for the portability of employee health plans and protection for certain healthcare-related information. Requires employers who want to use foreign temporary workers on H-2A visas to get a labor certificate from the Employment and Training Administration, certifying that there are not sufficient, able, willing and qualified U.S. workers available to do the work. Requires employers to verify the identity and employment eligibility of anyone to be hired and requires the completion of the Employment Eligibility Verification Form (I-9) ALL ER's with Health Plans Employers are required to post the EEOC's "Equal Employment Opportunity is the Law" poster which includes provisions on GINA.. Employers are required to provide notices of creditable coverage along with having SPD's and SMM's in place. Employers who employ H-2A workers are required to display "Employee Rights Under the H-2A poster.

4 Labor-Management Relations Act (Taft-Hartley Act) Labor-Management Reporting and Disclosure Act (LRMDA) Mental Health Parity and Addiction Equity Act of 2008 National Labor Relations Act (NLRA) Newborns' and Mothers' Health Protection Act of 1996 (NMHPA) Occupational Older Workers Benefit Protection Act (OWPBA) Occupational Safety and Health Act (OSHA) of 1970 Amended the NLRA to provide standards for reporting and disclosure and guarantees certain rights to all union members. Grants certain rights to union members and reporting requirements for labor organizations Requires group health plans to have the same co-pay, deductibles and treatment limitations (# of visits, etc.) on mental health and substance use as with other benefits. Guarantees the right of employees to organize and bargain collectively with their employers and to engage in protected concerted activity. Requires group health plans that offer maternity coverage to pay at least 48- hour hospital stay following childbirth and 96-hour hospital stay due to a c- section. Amends the ADEA to prohibit discrimination in benefits. Requires employers to provide a workplace that is free from recognized hazards that are causing or likely to cause death or serious physical harm. 50 or more EE's Applies to most private sector ER's Annually for ER's that provide coverage NLRA posting 20 or more EE's - covered by Title VII postings ER's are required to display OSHA's Job Safety and Health - It's the Law Poster Patient Protection and Affordable Care Act (PPACA) Pregnancy Discrimination Act (PDA) Section 503 of the Rehabilitation Act Uniformed Services Employment and Re- Employment Rights Act of 1994 (USERRA) Also referred to as health care reform. Designed to expand affordable healthcare coverage. Amended Title VII to make it illegal to discriminate against a woman because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth. Also makes it illegal to retaliate against a person for complaining about discrimination or for filing a discrimination complaint or lawsuit. Requires employers with federal contracts or subcontracts to refrain from discriminating against qualified individuals on the basis of disability. Requires employers to provide employees who perform duty, voluntarily or involuntarily, in the uniformed services with certain rights and leave options. 15 or more EE's - covered by Title VII postings ER's with Contract/subcon tracts $10K or more All EE's Employers are required to post the Equal Employment Opportunity is the Law poster and have other required record-keeping and outreach requirements. Employers are required to provide individuals covered by UESRRA with notices of their rights. Employers should post "Your rights under USERRA."

5 Vietnam Era Veterans' Readjustment Assistance Act (VEVRAA) Requires federal contractors and subcontractors to take affirmative action to employ and advance in employment qualified protected veterans. Employers with Contract/subcon tracts $100K or more Employers are required to post the Equal Employment Opportunity is the Law poster and have other required record-keeping and outreach requirements.