Human Resources Law Update

Transcription

1 Human Resources Law Update DISCLAIMER: The principles and suggestions in this handout and the HUMAN RESOURCES LAW UPDATE 2013 webinar are presented to apply to diverse personal and company situations. These materials and the overall seminar are for general informational and educational purposes only. The materials and the seminar, in general, are presented with the understanding that CareerTrack is not engaged in rendering legal advice. You should always consult an attorney with any legal issues CareerTrack, a division of PARK University Enterprises, Inc. Registered U.S. Patent & Trademark Office and Canadian Trade-Marks office. Except for the inclusion of brief quotations in a review, no part of this book may be reproduced or utilized in any form or by any means, electronic or mechanical, including photocopying, recording or by any information storage and retrieval system, without permission in writing from PARK University Enterprises, Inc.

2 1 Recent Employment Law Updates: An Overview As an HR professional, your #1 responsibility is to add and minimize. How? Recently Update Legislation: The Family and Medical Leave Act (FMLA) New types of leave: Where do I find new forms? Notice requirements I-9 Form New Form New List of Acceptable Documents Expansion of E-Verify 2

3 1 Recent Employment Law Updates: An Overview Americans With Disabilities Act Amendment Act (adaaa) case Law Updates equal Pay Act of 1963 Lilly Ledbetter COBRA How can you, as an HR professional, stay current on the law? Maintain a library of resources Use the best practice tools Hot Tips Websites to visit for more information: 3

4 2 Evaluate Your Current Practices Federal Laws vs. State Laws Prohibiting Discrimination Which law applies? Things an Employer May Not Do: Forms of Discrimination: Disparate Treatment: Disparate Impact: 4

5 2 The surge in the use of social media poses new concerns for employers are you prepared? Evaluate Your Current Practices The Employee Manual Is your organization required by law to have an employee manual? How can you update your manual in light of the new changes to the law? Employee Manual: Pros: Cons: Social Media Policy Tips 5

6 3 Americans With Disabilities Act Amendments Act (adaaa) The ADA prohibits employment discrimination against qualified individuals with disabilities. Legal Test: Protected Individuals: Key Terms: Examples of Covered Disabilities: Policies: Before making a job offer the employer may: After making a conditional offer and before an individual starts work the employer may: Case law update since the ADAAA: 6

7 4 Recruiting and Hiring What is Employment-at-will? Job Descriptions: compensation Decisions: Interview Question Tips- Develop performance-based questions: How can you gain access to background information without the legal risk? case Law Update: 7

8 5 Payroll and Benefits The Lilly Ledbetter Fair Pay Act makes it harder for employers to defend pay discrimination suit. Facts of the Ledbetter Case: The Ledbetter Fair Pay Act essentially states that: Best practices to make sure you are compliant with the law: Records Retention Tips: Employee Benefits: 8

9 5 Payroll and Benefits Consolidated Omnibus Budget Reconciliation Act (COBRA): What are some examples of COBRA qualifying events? 2013 updates: Notice Requirements: Separate Notice Resources and websites that help you add value and minimize risk: 9