Workplace Compliance 101 What Every Business Needs to Know and Understand

Transcription

1 White Paper Workplace Compliance 101 What Every Business Needs to Know and Understand What is Workplace Compliance? What are the Benefits of Compliance? What are the Consequences of Non-Compliance? What is the Difference Between Mandates and Prohibitions? How do Laws and Regulations Differ?

2 Contents Why Workplace Compliance is Important... 1 Executive Summary... 1 What is Workplace Compliance?... 2 Benefits of Compliance... 3 Understanding Terminology... 4 Mandates vs. Prohibitions... 4 Laws vs. Regulations... 4 Federal Laws vs. State Laws... 5 The 5 Themes of Compliance... 6 Labor Law... 6 OSHA... 6 Wage and Hour... 7 Benefit Plan... 7 Discrimination & Equal Employment Opportunity (EEO)... 8 Employee Training... 9 Respondeat Superior / Vicarious Liability... 9 Policies and Procedures Recordkeeping Consequences of Non-Compliance Staying in Compliance The Personnel Concepts Approach to Compliance Management White Paper - Compliance 101

3 Why Workplace Compliance is Important Workplace compliance issues effect every organization in some form. Recent surveys indicate that over 80% of U.S. corporations have had litigation lawsuits with former employees. No business is immune to the litigious nature of business and the escalating number of workplace compliance-related lawsuits. But even trained human resources professionals find it a daunting task to keep up with all the rules, regulations, and interpretations by courts and supervising agencies of basic workplace mandates. On top of these, one must also factor in executive orders and state and local requirements. Executive Summary Compliance is the act of meeting prescribed laws, regulations, and practices. Over 80% of U.S. corporations have had litigation lawsuits with former employees. Workplace compliance, the act of meeting laws & regulations impacting the employer-employee relationship, ensures that employees are treated in a fair manner and are safe from possible harm. The three primary benefits of seeking to achieve 100% compliance are: 1) risk mitigation; 2) improved morale; and 3) reputation enhancement. For detailed explanations of these benefits, see Benefits of Compliance on page 3. There are two types of workplace compliance requirements: 1) mandates, and 2) prohibitions. The actions necessary to achieve compliance with each type of requirement differ in scope and complexity. Refer to page 4 for detailed explanations of how these requirements vary. Similarly, there are critical differences between laws and regulations, including how and why they are created. For more information, refer to Understanding Terminology on page 4. Workplace compliance consists of five main themes: 1) labor law; 2) Occupational Safety and Health Administration (OSHA) regulations; 3) wage & hour requirements; 4) benefit plan compliance; and 5) discrimination & equal employment opportunity (EEO). Themes of Compliance on pages 6 and 7 provides specific examples of the laws & requirements associated with each theme. There are several elements to complying with laws and regulations, but the most important elements are 1) employee training; 2) policies & procedures; and 3) recordkeeping. Pages 9-11 explain why each element is critical to complying with mandates & prohibitions. Fines, penalties, and judgments pose the most serious consequences of noncompliance, but consequences can vary by type of violation and employee size. Consequences of Non-Compliance on page 12 provides specific fine & penalty amounts for the most common violations. To achieve full compliance, businesses must undertake several one-time & ongoing activities, including keeping policies current and staying up-to-date with frequently changing laws & regulations. Fines, penalties, and judgments pose the most serious consequences of non-compliance. Personnel Concepts publishes hundreds of worry-free, All-on-One compliance solutions to help businesses achieve & maintain 100% compliance with a myriad of workplace requirements. 1

4 What is Workplace Compliance? Compliance is the act of meeting prescribed laws, regulations, and practices. Workplace compliance refers to the process of meeting obligations under workplace laws that are designed to ensure that employees are treated in a fair manner and are safe from possible harm. Each law and regulation carries with it certain notification requirements, some mandating posters in conspicuous places and others demanding written policies and procedures. Detailed recordkeeping is also part and parcel of many initiatives. Frequently changing laws and regulations create an increasingly complex administrative challenge for U.S. businesses seeking to achieve and maintain 100% compliance. These developments may occur at the state, federal, or local levels, and require diligent monitoring by employers and HR professionals to stay current. Compliance is the act of meeting prescribed laws, regulations, and practices. Recent Regulatory and Legislative Developments In the past year, covering the end of the Obama administration to the beginning of the Trump White House, several developments have taken place on the legal and regulatory fronts that all employers in the U.S. should be aware of and comply with as needed. This list was last updated as of February Jan. 22, 2017: Revised Form I-9 takes effect. The revised employment eligibility form that must be used for all new hires is now available in both a plain paper and a smart I-9 digital format. I-9 versions other than the one marked N can no longer be used. Jan. 17, 2017: Walking-Working Surfaces Standard takes effect. Though certain parts of the slips, trips, and falls standard issued by the Occupational Safety and Health Administration (OSHA) are being phased in, the rule itself took effect this January. The final rule includes revised and new provisions addressing fixed ladders, periodic inspections, fall protection systems and criteria, personal fall protection systems, and training requirements. Jan. 1, 2017: OSHA Electronic Reporting Rule takes effect. The new rule requires certain employers to electronically submit injury and illness data that they are already required to record on their onsite OSHA Injury and Illness forms. Contained within the rule (see below) is an anti-retaliation provision barring employers from retaliation against employees who report injuries or illnesses. Dec. 1, 2016: White Collar Overtime Rule blocked by court injunction. A Department of Labor (DOL) final rule raising the salary threshold for exemption from overtime pay at time-and-a-half was blocked by a federal judge in Texas. The rule established the new salary threshold at $913 a week, or $47,476 a year. As of now, the old threshold of $455 a week, or $23,660 annually, remains in effect. Dec. 1, 2016: OSHA Anti-Retaliation Rule takes effect. As part of the new electronic reporting requirement of injuries and illnesses from certain employers, an anti-retaliation rule took effect in late The rule also prohibits employers from discouraging workers from reporting an injury or illness. The final rule requires employers to inform employees of their right to report work-related injuries and illnesses free from retaliation. Nov. 18, 2016: EEOC Issues Guidance on National Origin Discrimination. The Equal Employment Opportunity Commission (EEOC), which enforces the Civil Rights Act, in late 2016 updated and reissued its guidance on national origin discrimination, which applies to employees and applicants at entities covered by Title VII of the Civil Rights Act and other applicable federal laws. Aug. 29, 2016: EEOC Issues Retaliation Guidance. The EEOC in summer 2016 issued its final Enforcement Guidance on Retaliation and Related Issues, to replace its 1998 Compliance Manual section on retaliation. 2

5 Benefits of Compliance There are three main reasons why employers should ensure their compliance with workplace laws and regulations: 1. Risk Mitigation According to the International Business Law Firm of Fulbright & Jaworski s Litigation Trends Survey Report, 9 in 10 employers expect the litigious trend to continue in all areas of employment law with litigation against their organizations to increase or stay the same. Implementing policies and procedures that fulfill compliance requirements, honoring training and recordkeeping mandates, and posting required notices and policy statements conspicuously in the workplace can be used in defense during an audit, investigation, or lawsuit relating to violation of compliance requirements. Where compliance efforts are not met, the employer leaves themselves vulnerable to costly injuries, unfair labor practices, agency fines, and employee lawsuits. 2. Improved Morale Morale can drive an organization to success or can be the fuel that feeds the fires of employee discontent, poor performance, and absenteeism (Zane Ewton, 2007). Employers who comply with workplace laws and regulations create an environment where employees feel safe and respected. Human nature feeds off of boundaries and direction. By complying with workplace laws, employers are establishing procedures and policies that dictate a course of action and help employees feel focused and more confident. Additionally, the knowledge that all employees are following the same direction creates an environment of fairness and camaraderie. 3. Reputation Enhancement Positive employee morale translates not only to improved service and product output, but also leads to an enhanced customer experience. Where a customer witnesses productive workflow, the perception is competency, knowledge, and goodwill. A customer is much more likely to return to an environment that is encouraging safety and fairness. Likewise, customers will extend the knowledge that employees are following policies and procedures to that of product production. It would follow that employers who expect their employees to follow rules and care about safety, would also extend the same caution to the product and services that they offer. Furthermore, compliance not only benefits employers and employees, it is also meant to protect those who come into the workplace, such as customers. For example, an OSHA compliant workplace prevents costly accidents such as tripping and falling; policies that incorporate Red Flag Rules protect consumers from identity theft; and an EEOC compliant workplace encourages diversity that will likely appeal to a broader customer base. Create an environment where employees feel safe and cared for. 3

6 Understanding Terminology Workplace compliance requirements can take one of two forms: mandates and prohibitions. In order to comply with workplace laws and regulations, employers first need to understand what they require. Mandates vs. Prohibitions Mandates are authoritative commands by a person, group, or agency, dictating what is to be done or how one should act. Mandates require specific actions, materials, forms, training, etc. These types of requirements explicitly state what affected persons & entities must do. For example, many laws & regulations require employers to post specific notices in the workplace that notify employees of their rights & obligations. Similarly, several OSHA standards require specific training or written safety plans that must include various pre-defined elements or components. Mandates are what most people and businesses think of when they think of compliance. An agency, such as OSHA, may mandate that employers post notices. Prohibitions are laws, regulations, or orders that forbid something. Prohibitions, meanwhile, prohibit a specific action, behavior, or practice. Complying with prohibitions is more complex than meeting specific mandates. For example, various state, federal, and local laws expressly prohibit employment discrimination. While these laws define what constitutes discriminatory action, they do not provide specific details on how to prevent or avoid the forbidden conduct. In many cases, employers must simply prove that they took reasonable steps to prevent the unlawful conduct or behavior from occurring. For this reason, prohibitions are often associated with best practices, but are nonetheless a common type of compliance requirement. In some cases it is up to the employer to show that they did take steps to prevent a prohibited action. Laws vs. Regulations Mandates and prohibitions are created through the passing of laws or regulations. Although often used interchangeably, laws and regulations are separate parts of the same goal. Laws are created by statutes that originate from legislative bills originally introduced by a legislative body. In the United States, laws are made at different levels, usually in connection with a governmental entity. Cities, counties, states and the federal government all make laws. Legislative law is created through Congress or state legislative bodies. For example, Congress has passed laws that protect employees from discrimination and harassment such as the Civil Rights Act of 1991 or the Age Discrimination in Employment Act (ADEA). Cities, counties, states, and the federal government all make laws. Laws often do not include all the details needed Regulations explain the technical, to explain how an individual, business, state operational, and legal details or local government, or others might follow necessary to implement laws. the law. In order to make the laws work on a day-to-day level, Congress authorizes certain government agencies, such as the DOL, EEOC, and OSHA, to create regulations. 4

7 Once the regulation is in effect, the government agency then is responsible for enforcing the regulation. Regulations have the same effect as statutory law, and are frequently updated to reflect new interpretations from court decisions and agency leadership. Failure to comply with either the laws or regulations could result in a citation, fine or lawsuit. Federal Laws vs. State Laws Federal labor laws apply to employers in every state and are enforced through government agencies such as the DOL, EEOC, and OSHA. However, individual states also have their own agencies that pass laws and regulations that apply to employers only in their state. Generally, those laws are very similar to the federal laws which address the same topic. Occasionally, a state law will be more generous towards an employee than a federal law. In those situations where an employee is covered by both federal and state law, the employee is entitled to the greater benefit or more generous rights provided under the different parts of each law. The most obvious example of this occurs when a state has its own minimum wage law. When a given state s minimum wage rate and the federal minimum wage rate conflict, employers must pay the higher of the two to its employees. For example, the federal minimum wage is currently $7.25 per hour. In the state of Washington, where the state minimum wage is $11.00 per hour, Washington employers must pay their workers no less than $11.00 per hour worked. In Wyoming, meanwhile, where the state minimum wage is only $5.15 per hour, most Wyoming employers must pay the higher federal minimum wage rate of $7.25. A chart showing current state minimum wages appears below. Failure to comply with laws or regulations could result in a citation, fine, or lawsuit. If an employee is covered by both federal and state law, the employee is entitled to the greater benefit. State Minimum Wage Increases Effective January 2017 WA $11.00 OR $9.75 CA $10.50 NV $8.25 AZ $10.00 MT $8.15 WY $5.15 CO $9.30 NM $7.50 SD $8.65 NE $9.00 OK $2.00 MN $7.75 IL $8.25 MO $7.70 AR $8.50 MI $8.90 OH $8.15 GA $5.15 NY $9.70 ME - $9.00 VT - $10.00 MA - $11.00 RI - $10.10 CT - $10.10 NJ - $8.44 MD - $8.75 DC - $11.50 WV - $8.75 AK $9.80 FL - $8.10 HI $9.25 PR $5.08 States Increasing Minimum Wage Effective January 1,

8 U.S. Department of Labor The 5 Themes of Compliance Labor Law Labor law compliance exists in order to foster, promote, and develop the welfare of the wage earners, job seekers, and retirees of the United States; improve working conditions; advance opportunities for profitable employment; and assure work-related benefits and rights. Employers are required by law to display up-to-date state and federal labor law posters and communicate safety and health information to their employees. Additionally, employers must implement effective workplace policies addressing employee conduct, such as workplace violence, sexual harassment, and substance abuse. To fully protect the company against fines and lawsuits, employers must also ensure that these required employee notices are updated in the event of mandatory law changes, material posting revisions, court decisions, and revised agency guidelines. OSHA OSHA regulations (both at the state and federal level) require employers to provide a safe and healthful workplace for employees, reduce or eliminate recognized safety hazards, and comply with standards relating to specific work practices or conditions. The General Duty Clause of the OSH Act states that each employer shall furnish to each of his employees employment and a place of employment which are free from recognized hazards (29 USC 654(a)) and comply with OSHA standards promulgated under the Act (29 USC 654(b)). 5 THEMES OSHA LABOR LAW WAGE AND HOUR DISCRIMINATION & EEO BENEFIT PLAN COMPLIANCE Employers are required by law to display up-to-date state and federal labor law posters and communicate safety and health information to their employees. Under OSHA laws and regulations, employers are required to: Follow all relevant OSHA safety and health standards. Job Safety and Health IT S THE LAW! Find and correct safety and health hazards. Inform employees about chemical hazards through training, labels, alarms, colorcoded systems, chemical information sheets, and other methods. Notify OSHA within 8 hours of a workplace fatality or when three or more workers are hospitalized. Provide required personal protective equipment at no cost to workers. Keep accurate records of work-related injuries and illnesses. Post OSHA citations, injury and illness summary data, and the OSHA Job Safety and Health - It s The Law poster in the workplace where workers will see them. Not discriminate or retaliate against any worker for using their rights under the law. All workers have the right to: Employers must: A safe workplace. Provide employees a workplace free from Raise a safety or health concern with recognized hazards. It is illegal to retaliate your employer or OSHA, or report a workrelated injury or illness, without being against an employee for using any of their rights under the law, including raising a health retaliated against. and safety concern with you or with OSHA, or reporting a work-related injury or illness. Receive information and training on job hazards, including all hazardous substances in Comply with all applicable OSHA standards. your workplace. Report to OSHA all work-related Request an OSHA inspection of your fatalities within 8 hours, and all inpatient workplace if you believe there are unsafe or hospitalizations, amputations and losses unhealthy conditions. OSHA will keep your of an eye within 24 hours. name confidential. You have the right to have a Provide required training to all workers in a representative contact OSHA on your behalf. language and vocabulary they can understand. Participate (or have your representative Prominently display this poster in the workplace. participate) in an OSHA inspection and Post OSHA citations at or near the place of speak in private to the inspector. the alleged violations. File a complaint with OSHA within 30 days FREE ASSISTANCE to identify and correct (by phone, online or by mail) if you have been hazards is available to small and mediumsized employers, without citation or penalty, retaliated against for using your rights. See any OSHA citations issued to your through OSHA-supported consultation employer. programs in every state. Request copies of your medical records, tests that measure hazards in the workplace, and the workplace injury and illness log. This poster is available free from OSHA. Contact OSHA. We can help OSHA (6742) TTY OSHA R

9 WH1088 REV 07/16 Wage and Hour The Fair Labor Standards Act (FLSA) is a federal employment law that defines employer obligations relating to employee wages, hours, overtime, and child labor. According to estimates from the U.S. Department of Labor (DOL), over 70 percent of employers are not in full compliance with the act and applicable regulations. To ensure full compliance, employers must implement policies and pay practices that meet the act s standards, and must notify employees of their rights and obligations. The FLSA and related DOL regulations impose specific obligations relating to the following terms and conditions of employment: Wages and hours worked minimum wage, tip credits, hours worked, time records Overtime overtime exemptions, overtime pay, white-collar duties tests, salary basis policies, recordkeeping Child labor prohibited occupations, permissible occupations, limitations on working hours Many states also have minimum wage laws. Where an employee is subject to both the state and federal minimum wage laws, the employee is entitled to the higher of the two minimum wages. All employers with two or more employees on payroll must comply with various wage & hour, overtime, and child labor standards included in FLSA, regardless of whether they are dually covered by a state minimum wage or child labor law. Benefit Plan The Employee Retirement Income Security Act of 1974 (ERISA) is a federal law that sets minimum standards for retirement and health benefit plans in private industry. ERISA does not require any employer to establish a plan. It only requires that those who establish plans must meet certain minimum standards. ERISA covers retirement, health, and other welfare benefit plans (e.g., life, disability, and apprenticeship plans). Among other things, ERISA provides that those individuals who manage plans (and other fiduciaries) must meet certain standards of conduct. The law also contains detailed provisions for reporting to the government and disclosure to participants. There also are provisions aimed at assuring that plan funds are protected and that participants who qualify receive their benefits. ERISA has also been expanded to include additional health laws. The Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) amended ERISA to provide for the continuation of health care coverage for employees and their beneficiaries (for a limited period of time) if certain events would otherwise result in a reduction in benefits. The Health Insurance Portability and Accountability Act of 1996 (HIPAA) amended ERISA to make health care coverage more portable and secure for employees. Covered entities must implement policies, procedures, and notices to comply with HIPAA regarding privacy, portability and other issues. All businesses that offer health benefits to their employees must notify plan participants in writing of their rights under ERISA, COBRA, HIPAA, and other applicable benefit plan laws. EMPLOYEE RIGHTS UNDER THE FAIR LABOR STANDARDS ACT FEDERAL MINIMUM WAGE OVERTIME PAY CHILD LABOR TIP CREDIT NURSING MOTHERS ENFORCEMENT ADDITIONAL INFORMATION $7.25 At least 1½ times the regular rate of pay for all hours worked over 40 in a workweek. An employee must be at least 16 years old to work in most non-farm jobs and at least 18 to work in non-farm jobs declared hazardous by the Secretary of Labor. Youths 14 and 15 years old may work outside school hours in various non-manufacturing, non-mining, non-hazardous jobs with certain work hours restrictions. Different rules apply in agricultural employment. Employers of tipped employees who meet certain conditions may claim a partial wage credit based on tips received by their employees. Employers must pay tipped employees a cash wage of at least $2.13 per hour if they claim a tip credit against their minimum wage obligation. If an employee s tips combined with the employer s cash wage of at least $2.13 per hour do not equal the minimum hourly wage, the employer must make up the difference. The FLSA requires employers to provide reasonable break time for a nursing mother employee who is subject to the FLSA s overtime requirements in order for the employee to express breast milk for her nursing child for one year after the child s birth each time such employee has a need to express breast milk. Employers are also required to provide a place, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public, which may be used by the employee to express breast milk. The Department has authority to recover back wages and an equal amount in liquidated damages in instances of minimum wage, overtime, and other violations. The Department may litigate and/or recommend criminal prosecution. Employers may be assessed civil money penalties for each willful or repeated violation of the minimum wage or overtime pay provisions of the law. Civil money penalties may also be assessed for violations of the FLSA s child labor provisions. Heightened civil money penalties may be assessed for each child labor violation that results in the death or serious injury of any minor employee, and such assessments may be doubled when the violations are determined to be willful or repeated. The law also prohibits retaliating against or discharging workers who file a complaint or participate in any proceeding under the FLSA. Certain occupations and establishments are exempt from the minimum wage, and/or overtime pay provisions. Special provisions apply to workers in American Samoa, the Commonwealth of the Northern Mariana Islands, and the Commonwealth of Puerto Rico. Some state laws provide greater employee protections; employers must comply with both. Some employers incorrectly classify workers as independent contractors when they are actually employees under the FLSA. It is important to know the difference between the two because employees (unless exempt) are entitled to the FLSA s minimum wage and overtime pay protections and correctly classified independent contractors are not. Certain full-time students, student learners, apprentices, and workers with disabilities may be paid less than the minimum wage under special certificates issued by the Department of Labor. WAGE AND HOUR DIVISION UNITED STATES DEPARTMENT OF LABOR PER HOUR BEGINNING JULY 24, 2009 The law requires employers to display this poster where employees can readily see it TTY: ERISA is a federal law that covers retirement, health, and other welfare benefit plans. 7

10 Applicants to and employees of most private employers, state and local governments, educational institutions, employment agencies and labor organizations are protected under Federal law from discrimination on the following bases: RACE, COLOR, RELIGION, SEX, NATIONAL ORIGIN GENETICS Title VII of the Civil Rights Act of 1964, as amended, protects applicants and employees Title II of the Genetic Information Nondiscrimination Act of 2008 protects applicants from discrimination in hiring, promotion, discharge, pay, fringe benefits, job training, and employees from discrimination based on genetic information in hiring, promotion, classification, referral, and other aspects of employment, on the basis of race, color, discharge, pay, fringe benefits, job training, classification, referral, and other aspects religion, sex (including pregnancy), or national origin. Religious discrimination includes of employment. GINA also restricts employers acquisition of genetic information and failing to reasonably accommodate an employee s religious practices where the strictly limits disclosure of genetic information. Genetic information includes information accommodation does not impose undue hardship. about genetic tests of applicants, employees, or their family members; the manifestation of diseases or disorders in family members (family medical history); and requests for or DISABILITY receipt of genetic services by applicants, employees, or their family members. Title I and Title V of the Americans with Disabilities Act of 1990, as amended, protect qualified individuals from discrimination on the basis of disability in hiring, promotion, RETALIATION discharge, pay, fringe benefits, job training, classification, referral, and other aspects of All of these Federal laws prohibit covered entities from retaliating against a person who employment. Disability discrimination includes not making reasonable accommodation files a charge of discrimination, participates in a discrimination proceeding, or otherwise to the known physical or mental limitations of an otherwise qualified individual with a opposes an unlawful employment practice. disability who is an applicant or employee, barring undue hardship. WHAT TO DO IF YOU BELIEVE DISCRIMINATION HAS OCCURRED AGE There are strict time limits for filing charges of employment discrimination. To preserve The Age Discrimination in Employment Act of 1967, as amended, protects applicants and the ability of EEOC to act on your behalf and to protect your right to file a private lawsuit, employees 40 years of age or older from discrimination based on age in hiring, promotion, should you ultimately need to, you should contact EEOC promptly when discrimination is discharge, pay, fringe benefits, job training, classification, referral, and other aspects of suspected: employment. The U.S. Equal Employment Opportunity Commission (EEOC), (toll-free) or (toll-free TTY number for individuals with hearing SEX (WAGES) impairments). EEOC field office information is available at or in In addition to sex discrimination prohibited by Title VII of the Civil Rights Act, as amended, most telephone directories in the U.S. Government or Federal Government section. the Equal Pay Act of 1963, as amended, prohibits sex discrimination in the payment of wages Additional information about EEOC, including information about charge filing, is to women and men performing substantially equal work, in jobs that require equal skill, available at effort, and responsibility, under similar working conditions, in the same establishment. Applicants to and employees of companies with a Federal government contract or subcontract are protected under Federal law from discrimination on the following bases: RACE, COLOR, RELIGION, SEX, NATIONAL ORIGIN years of discharge or release from active duty), other protected veterans (veterans who Executive Order 11246, as amended, prohibits job discrimination on the basis of race, served during a war or in a campaign or expedition for which a campaign badge has been color, religion, sex or national origin, and requires affirmative action to ensure equality of authorized), and Armed Forces service medal veterans (veterans who, while on active opportunity in all aspects of employment. duty, participated in a U.S. military operation for which an Armed Forces service medal was awarded). INDIVIDUALS WITH DISABILITIES Section 503 of the Rehabilitation Act of 1973, as amended, protects qualified individuals RETALIATION from discrimination on the basis of disability in hiring, promotion, discharge, pay, fringe Retaliation is prohibited against a person who files a complaint of discrimination, benefits, job training, classification, referral, and other aspects of employment. Disability participates in an OFCCP proceeding, or otherwise opposes discrimination under these discrimination includes not making reasonable accommodation to the known physical Federal laws. or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, barring undue hardship. Section 503 also requires that Federal Any person who believes a contractor has violated its nondiscrimination or affirmative contractors take affirmative action to employ and advance in employment qualified action obligations under the authorities above should contact immediately: individuals with disabilities at all levels of employment, including the executive level. The Office of Federal Contract Compliance Programs (OFCCP), U.S. Department of DISABLED, RECENTLY SEPARATED, OTHER PROTECTED, AND ARMED Labor, 200 Constitution Avenue, N.W., Washington, D.C , FORCES SERVICE MEDAL VETERANS (toll-free) or (202) (TTY). OFCCP may also be contacted by at The Vietnam Era Veterans Readjustment Assistance Act of 1974, as amended, 38 OFCCP-Public@dol.gov, or by calling an OFCCP regional or district office, listed in U.S.C. 4212, prohibits job discrimination and requires affirmative action to employ and most telephone directories under U.S. Government, Department of Labor. advance in employment disabled veterans, recently separated veterans (within three Programs or Activities Receiving Federal Financial Assistance RACE, COLOR, NATIONAL ORIGIN, SEX INDIVIDUALS WITH DISABILITIES In addition to the protections of Title VII of the Civil Rights Act of 1964, as amended, Section 504 of the Rehabilitation Act of 1973, as amended, prohibits employment Title VI of the Civil Rights Act of 1964, as amended, prohibits discrimination on discrimination on the basis of disability in any program or activity which receives the basis of race, color or national origin in programs or activities receiving Federal Federal financial assistance. Discrimination is prohibited in all aspects of employment financial assistance. Employment discrimination is covered by Title VI if the primary against persons with disabilities who, with or without reasonable accommodation, can objective of the financial assistance is provision of employment, or where employment perform the essential functions of the job. discrimination causes or may cause discrimination in providing services under such programs. Title IX of the Education Amendments of 1972 prohibits employment If you believe you have been discriminated against in a program of any institution discrimination on the basis of sex in educational programs or activities which receive which receives Federal financial assistance, you should immediately contact the Federal financial assistance. Federal agency providing such assistance. EEOC-P/E-1 (Revised 11/09) Item# Y U-Y L FD-EEOC AIO Acquisition, Inc. Discrimination & Equal Employment Opportunity (EEO) The U.S. Equal Employment Opportunity Commission (EEOC) is responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee because of the person s race, color, religion, sex (including pregnancy), gender identity, sexual orientation, national origin, age (40 or older), disability, or genetic information. It is also illegal to discriminate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit. Applicable national legislation includes the Civil Rights Act of 1964, the Civil Rights Act of 1991, the Americans With Disabilities Act (ADA) of 1990, the ADA Amendments Act of 2008, the Age Discrimination in Employment Act (ADEA), and others, along with statespecific laws that may go beyond the federal legislation. The laws apply to all types of work situations, including hiring, firing, promotions, harassment, training, wages, and benefits. To defend against costly lawsuits, employers must be able to understand these complex laws, adopt effective written policies, implement employee training, and establish clear, effective procedures for the resolution of any complaint or allegation. The Law Equal Employment Opportunity is Private Employers, State and Local Governments, Educational Institutions, Employment Agencies and Labor Organizations Employers Holding Federal Contracts or Subcontracts Understanding Federal Agencies There are many federal, state, and local laws that affect the American workplace. While most states have their own enforcing agencies for state laws, the following federal agencies administer and enforce national employment laws: U.S. Department of Labor (DOL): Administers and enforces most federal employment laws, including those covering wages and hours of work, safety and health standards, employee health and retirement benefits, and federal contracts. This agency has a number of divisions that each focus on a different area of federal employment law: o Wage and Hour Division (WHD): Administers the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), and the Employee Polygraph Protection Act (EPPA). o Occupational Safety and Health Administration (OSHA): Administers the Occupational Safety and Health (OSH) Act and hundreds of hazard-specific safety regulations called OSHA standards. o Veterans Employment and Training Service (VETS): Administers the Uniformed Services Employment and Reemployment Rights Act (USERRA). o Employee Benefits Security Adminstration (EBSA): Administers the Employee Retirement Income Security Act (ERISA); reporting requirements for continuation of health insurance coverage as required under the Comprehensive Omnibus Budget Reconciliation Act of 1985 (COBRA); and the portability provisions of the Health Insurance Portability and Accountability Act (HIPAA). Equal Employment Opportunity Commission (EEOC): Enforces federal laws that make it illegal to discriminate against an employee or job applicant because of the person s race, color, religion, sex/gender, national origin, age (40 or older), disability, or genetic information. U.S. Department of Health and Human Services (HHS): Administers the Affordable Care Act (ACA) and the privacy and security provisions of HIPAA. U.S. Immigration and Customs Enforcement (ICE): Enforces federal laws governing border control, customs, trade and immigration, including Form I-9 regulations pertaining to employers. National Labor Relations Board (NLRB): An independent federal agency that enforces the National Labor Relations Act (NLRA), which includes provisions pertaining to protected concerted activities, workplace policies, and unionization. 8

11 Employee Training Workplace training is an essential element of ensuring compliance with applicable laws & regulations. In some cases, laws & regulations mandate specific training. In most cases, training constitutes a reasonable step to prevent prohibited behavior or activities. Mandatory training requirements exist in various OSHA standards pertaining to workplace safety. OSHA standards addressing lockout/tagout, hazard communication, industrial trucks/forklifts, and personal protective equipment (PPE) require covered employers to implement employee training, and businesses can be cited or fined for failure to comply. Likewise, some state laws require employee training on various topics. For example, several states, including California, have strict requirements on annual sexual harassment training for employees. Even where no specific mandate exists, employers must consider implementing training on critical issues like harassment/discrimination, workplace violence, and interviewing & hiring laws as a defense against potential lawsuits. The best way to mitigate possible lawsuits is to educate employees on the legalities of what is acceptable behavior in the workplace. Not only does this show an employer s good faith effort to comply with applicable laws, it also helps prevent an employee, manager, or supervisor from committing a violation unknowingly and putting their employer at risk. Respondeat Superior / Vicarious Liability One of the reasons that proactive training is crucial is because in certain instances, employers can be held responsible for the actions of their employees. The doctrine of respondeat superior (Latin for let the master answer ) is based on the employeremployee relationship. The doctrine makes the employer responsible for negligence or lack of care on the part of an employee in relation to those to whom the employer owes a duty of care. For respondeat superior to apply, the employee s negligence must occur within the scope of their employment. Where this occurs, the employer will be held liable for damages or harm. Under respondeat superior, an employer is held vicariously liable for the actions of those that they trust to care for the employees. One of the most common forms of vicarious liability was exemplified when the Supreme Court ruled (Burlington Industries, Inc. v. Ellerth, and Faragher v. City of Boca Raton) that an employer can be held responsible for harassment committed by a supervisor if the harassment was committed by a supervisor with immediate (or successively higher) authority over the employee. In this case, the standard of liability was based on two principles: 1. An employer is responsible for the acts of its supervisors. 2. Employers should be encouraged to prevent harassment and employees should be encouraged to avoid or limit the harm from harassment. The employer may be able to avoid liability or limit damages by establishing an affirmative defense that includes two necessary elements: 1. The employer exercised reasonable care to prevent and correct promptly any harassing behavior; and 2. The employee unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer or to avoid harm otherwise. If an employer can prove that it fulfilled its duty of reasonable care, (such as training its supervisors on what is considered harassment and how to respond to claims of harassment) and that the employee could have avoided all of the harm (training would communicate the channels necessary to report such harm) but unreasonably failed to do so, the employer will avoid all liability for unlawful harassment. The best way to mitigate possible lawsuits is to educate employees on the legalities of what is acceptable behavior in the workplace. An employer can be held responsible for harassment committed by a supervisor. 9

12 Policies and Procedures Having efficient policies and procedures are an important tool that not only communicate to employees what is expected, but it also establishes work practices that, when followed, help mitigate discriminatory treatment. There are a number of policies and procedures that employers can implement that encourage smart employment principles and establish the practices that can act as a defense in a claim of wrongful termination. Policies need to be communicated to employees whether through a company handbook, training sessions, or in a hiring packet. The following points should always be practiced in regard to workplace policies: Repeat the information as much as possible (at least annually). Keep policies up to date and revised as workplace situations change. Document all policies in writing. State potential consequences of failure to comply with a particular policy and that the consequences may include termination. Require employees to sign documentation saying that they have received, read, understand, and will abide by the policy. Keep copies of the signed documentation in employee personnel files. Like policies, procedures must also be documented and communicated to employees. In many cases, procedures are used by managers and supervisors and help to ensure non-discriminatory behavior and compliance with state and federal employment laws. Usually, procedures are not only documented but are also communicated through a training program. Once an employer decides which policies and procedures they want to implement, they need to reference applicable laws to make sure that they comply with state and federal regulations. Employers also need to remember that procedures and policies are viewed by a court of law as a form of contract between an employer and employee, so they need to be very carefully worded so as to avoid implying a meaning that wasn t intended. Procedures and policies are viewed by a court of law as a form of contract between an employer and employee. Procedures are used to help ensure nondisriminatory behavior and law compliance. Essential Workplace Policies While some legal experts caution against all-inclusive employee handbooks for a variety of reasons, employers of all sizes must consider adopting and enforcing formal, written policies to address their primary legal risks. The following is a list of essential workplace policies that can help businesses mitigate or avoid liability under applicable laws. - At-will employment - Harassment and discrimination - Disciplinary action - Attendance - Leaves of absence - Safety and health - Workplace violence - Pregnancy leave and accommodations - Salary deductions - Breaks and meal periods - Overtime - Timekeeping - Employee classification - Confidentiality - Social media - Jury duty - Paydays - Vacation pay 10

13 QR Code - Section 1 Do Not Write In This Space Recordkeeping More than 20 employment laws contain provisions that require employers to create, maintain, and retain certain personnel records. The agencies that enforce employment laws are empowered to request and review an employer s personnel records during an investigation or audit. Fines for non-compliance with recordkeeping requirements can vary based upon what law is requiring the recordkeeping. Additionally, failure to meet recordkeeping requirements can prove costly in an employee lawsuit, as personnel records are commonly used as part of an employer s defense in a wrongful discharge or discrimination lawsuit. Examples of some of the laws that contain recordkeeping requirements include: Fair Labor Standards Act (FLSA) - Every covered employer must keep certain records for each non-exempt worker. The Act requires no particular form for the records, but does require that the records include certain identifying information about the employee and data about the hours worked and the wages earned. The law requires this information to be accurate. The following is a listing of the basic records that an employer must maintain: 1. Employee s full name and social security number. 2. Address, including zip code. 3. Birth date, if younger than Sex and occupation. 5. Time and day of week when employee s workweek begins. 6. Hours worked each day. 7. Total hours worked each workweek. 8. Basis on which employee s wages are paid (e.g., $9 per hour, $440 a week, piecework ) 9. Regular hourly pay rate. 10. Total daily or weekly straight-time earnings. 11. Total overtime earnings for the workweek. 12. All additions to or deductions from the employee s wages. 13. Total wages paid each pay period. 14. Date of payment and the pay period covered by the payment. Each employer shall preserve for at least three years payroll records, collective bargaining agreements, and sales and purchase records. Records on which wage computations are based should be retained for two years, i.e., time cards and piece work tickets, wage rate tables, work and time schedules, and records of additions to or deductions from wages. Immigration Reform and Control Act (IRCA) Under the IRCA, I-9 Forms (Employment Eligibility Verification Forms) must be retained for three years after date of hire or one year after date of employee s termination, whichever is later. Occupational Safety and Health Act (OSH Act) The Log 300 Form and the 300A Summary of Occupational Injuries and Illnesses, or approved equivalents, must be retained for five years following the end of the year to which the records relate. Form 301 (Supplementary Record of Injury or Illness) or its equivalent must also be retained for five years. Medical and exposure records must be obtained for the duration of employment plus 30 years. (Note: some OSHA standards include additional documentation and record retention requirements). Employment Eligibility Verification Department of Homeland Security U.S. Citizenship and Immigration Services USCIS Form I-9 OMB No Expires 08/31/2019 START HERE: Read instructions carefully before completing this form. The instructions must be available, either in paper or electronically, during completion of this form. Employers are liable for errors in the completion of this form. ANTI-DISCRIMINATION NOTICE: It is illegal to discriminate against work-authorized individuals. Employers CANNOT specify which document(s) an employee may present to establish employment authorization and identity. The refusal to hire or continue to employ an individual because the documentation presented has a future expiration date may also constitute illegal discrimination. Section 1. Employee Information and Attestation (Employees must complete and sign Section 1 of Form I-9 no later than the first day of employment, but not before accepting a job offer.) Last Name (Family Name) First Name (Given Name) Middle Initial Other Last Names Used (if any) Address (Street Number and Name) Apt. Number City or Town State ZIP Code Date of Birth (mm/dd/yyyy) U.S. Social Security Number - - Employee's Address Employee's Telephone Number I am aware that federal law provides for imprisonment and/or fines for false statements or use of false documents in connection with the completion of this form. I attest, under penalty of perjury, that I am (check one of the following boxes): 1. A citizen of the United States 2. A noncitizen national of the United States (See instructions) 3. A lawful permanent resident (Alien Registration Number/USCIS Number): 4. An alien authorized to work until (expiration date, if applicable, mm/dd/yyyy): Some aliens may write "N/A" in the expiration date field. (See instructions) Aliens authorized to work must provide only one of the following document numbers to complete Form I-9: An Alien Registration Number/USCIS Number OR Form I-94 Admission Number OR Foreign Passport Number. 1. Alien Registration Number/USCIS Number: OR 2. Form I-94 Admission Number: OR 3. Foreign Passport Number: Country of Issuance: Signature of Employee Every covered employer must keep certain records for each non-exempt worker. Today's Date (mm/dd/yyyy) Preparer and/or Translator Certification (check one): I did not use a preparer or translator. A preparer(s) and/or translator(s) assisted the employee in completing Section 1. (Fields below must be completed and signed when preparers and/or translators assist an employee in completing Section 1.) I attest, under penalty of perjury, that I have assisted in the completion of Section 1 of this form and that to the best of my knowledge the information is true and correct. Signature of Preparer or Translator Today's Date (mm/dd/yyyy) Last Name (Family Name) First Name (Given Name) Address (Street Number and Name) City or Town State ZIP Code Employer Completes Next Page Form I-9 11/14/2016 N Page 1 of 3 11

14 Consequences of Non-Compliance There are a number of consequences that employers face when they are not in compliance with the various labor laws including agency fines and employee lawsuits. There are three categories of monetary damages that can result when an employer is found in violation of a labor law: Compensatory damages pay victims for out-of-pocket expenses caused by the violation (such as costs associated with a job search or medical expenses) and compensate them for any emotional harm suffered (such as mental anguish, inconvenience, or loss of enjoyment of life). Punitive damages are considerably or greatly higher than the measurable value of the injury. Punitive damages are meant not to compensate the aggrieved party but to punish the offending party for its reckless or unconscionable actions or conduct. Liquidated damages are equal to the amount of back pay awarded the victim. A victim of a labor law infraction also may be able to recover attorney s fees, expert witness fees, and court costs. In addition to monetary penalties, there are also several effects that result from noncompliance, such as the time and effort that must be invested to defend against violations and lawsuits, reduction in employee morale, and increased exposure. The following are summaries of the fines imposed by the various agencies that enforce labor laws: Violations of the OSH Act or related OSHA standards can result in fines up to $12,675 per violation for serious infractions, other than serious infractions, and posting requirements. Failure to abate can also result in fines up to $12,675 per day beyond the abatement day. Willful or repeated violations may result in fines up to $126,749 per violation. Non-compliance with wage and hour laws can result in fines, back pay, front pay, penalties up to $1,925 per violation, and possible imprisonment for willful violations. Willful and repeat violations that lead to the death of a minor employee can result in fines up to $111,616. Failure to comply with benefit plan notice requirements can result in fines up to $147 per violation per day, or even disqualification of your health benefit plan. EEO violations vary depending on the size of the employer: For employers with employees, up to $50,000; for employers with employees, up to $100,000; for employers with employees, up to $200,000; and for employers with more than 500 employees, up to $300,000. Aside from damages, victims of labor law infractions may be able to recover attorney s fees, expert witness fees, and court costs. The Federal Civil Penalties Inflation Adjustment Act adjusts government penalties annually based on inflation. 12

15 Recent Increases to Fines & Penalties On Nov. 2, 2015, the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 was signed into law to advance the effectiveness of civil money penalties and to strengthen their deterrent effect. The new law directs agencies across the federal government to adjust their penalties for inflation each year in January. Additionally, it directed all agencies to issue a catch up penalty adjustment, which became effective Aug. 1, Listed below are the most relevant penalty increases affecting employers Law Prior Penalty Penalty as of 3/1/2017 Employee Polygraph Protection Act (EPPA) $10,000 $19,787 Fair Labor Standards Act (FLSA): $1,100 $1,925 Minimum Wage and Overtime Violations Family and Medical Leave Act (FMLA): $110 $166 Willful violation of posting requirement Occupational Safety and Health Act (OSH Act): Serious & other-than-serious violations $12,471 $12,675 Non-compliance with various labor laws and regulations can result in citations & fines. Staying in Compliance Getting a business into compliance with federal, state, and county labor laws is a daunting task for any employer. Keeping a business in compliance can be a full time job. There are over 225 government agencies that issue laws and regulations with which employers must comply. Approximately 30% of all state and federal mandated workplace postings alone are revised annually. In addition to this, there are regulations and guidelines that are continually being passed which require employers to make changes to policies and procedures, implement new training, provide employee notifications, make updates to their recordkeeping practices, and other important mandates. Failing to comply with a new or updated law or regulation can result in steep fines, costly lawsuits, and in some cases, jail time. The following are recommended best practices for employers to keep up-to-date with their federal, state, and county labor laws: Have a process in place to stay current on regulation and law updates. This can be in-house personnel or a third party company that provides this service for you. Update policies and practices immediately to reflect any new or updated change to laws or regulations. Train affected employees any time a new law or regulation applies to your workplace. Update any required postings or notifications. Consult with a labor law attorney when faced with an issue pertaining to any recent law change. Approximately 30% of all state and federal mandated workplace postings alone are revised annually. 13

16 The Personnel Concepts Approach to Compliance Management Personnel Concepts has led the labor law compliance industry in developing a skilled, knowledgeable, and experienced research team that keeps constant watch on government regulatory changes and updates clients on changing labor law and OSHA requirements. Its We Pay the Fine guarantee was an industry first and is still a mainstay of its strong customer service tradition. Personnel Concepts customers have relied on the company s products and services for the past two decades to protect them from government fines, employee lawsuits, and other costly consequences associated with non-compliance. Businesses throughout the nation have entrusted their compliance to Personnel Concepts, and the company in turn embraces that responsibility by keeping up to date on changing regulations and tailoring a wide variety of simplified solutions including the following formats: NOTICE ALL EMPLOYEES UNEMPLOYMENT INSURANCE BENEFITS This firm is subject to the Employment Security Law of the State of Idaho. All employees, except those specifically exempt, are insured for compensation during periods of involuntary unemployment. ID Idaho and Federal Labor Law Poster Space Saver-1 IDAHO LAW Unemployment PROHIBITSInsurance NOTICE ALL EMPLOYEES DISCRIMINATION is what the name implies an INSURANCE paid from YOUR RIGHTS UNDER USERRA THE UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT EMPLOYEE NOTICE YOUR RIGHTS ARE PROTECTED: The State of Idaho and the Federal Government have established laws and regulations that protect the rights of employees. As your employer we are conspicuously posting the information that is required by the State of Idaho and the Federal Government to better inform you of your rights as an employee of our company. If you should have any questions regarding these postings, please contact the personnel office or your immediate supervisor. Unemployment Insurance Employment Security Trust Fund, a fundpaid derived is what the name implies an INSURANCE from from taxation against the company employer. the Employment Security Trust Fund, aorfund derived Claims for Unemployment Insurance mustfrom betaxation filedagainst the company or employer. NO PORTION OF THE COST OF THIS PROGRAM IS online at labor.idaho.gov/claimantportal. DEDUCTIBLE FROM YOUR EARNINGS. NO PORTION OF THE COST OF THIS PROGRAM FROMInsurance YOUR EARNINGS. Claims IS fordeductible Unemployment must be filed Don t delay or you could lose your benefits. online at labor.idaho.gov/claimantportal. Claims should be filed immediately after separation. Don t or you could lose your benefits. Claimsdelay for Unemployment Insurance must be filed REEMPLOYMENT RIGHTS PROHIBITIONS Employers are generally prohibited from requiring or requesting any employee or job applicant to take a lie detector test, and from discharging, disciplining, or discriminating against an employee or prospective employee for refusing to take a test or for exercising other rights under the Act. EXEMPTIONS Federal, State and local governments are not affected by the law. Also, the law does not apply to tests given by the Federal Government to certain private individuals engaged in national securityrelated activities. The Act permits polygraph (a kind of lie detector) tests to be administered in the private sector, subject to restrictions, to certain prospective employees of security service firms (armored car, alarm, and guard), and of pharmaceutical manufacturers, distributors and dispensers. The Act also permits polygraph testing, subject to restrictions, of certain employees of private firms who are reasonably suspected of involvement in a workplace incident (theft, embezzlement, etc.) that resulted in economic loss to the employer. The law does not preempt any provision of any State or local law or any collective bargaining agreement which is more restrictive with respect to lie detector tests. ENFORCEMENT All employees, except those specifically exempt, Allinsured employees, except those specifically exempt, of are for compensation during periods are insured for compensation during periods of involuntary unemployment. NO PORTION OF THE COST OF THIS PROGRAM involuntary unemployment. Unemployment Insurance IS DEDUCTIBLE FROM YOUR EARNINGS. is what the name implies an INSURANCE paid from the USERRA protects the job rights of individuals who voluntarily or involuntarily leave employment positions to undertake military service or certain types of service in the National Disaster Medical System. USERRA also prohibits employers from discriminating against past and present members of the uniformed services, and applicants to the uniformed services. EMPLOYEE RIGHTS EMPLOYEE POLYGRAPH PROTECTION ACT The Employee Polygraph Protection Act prohibits most private employers from using lie detector tests either for pre-employment screening or during the course of employment. EXAMINEE RIGHTS UNEMPLOYMENT INSURANCE BENEFITS UNEMPLOYMENT BENEFITS Employment a fund derived INSURANCE based onthe religion, race, color,security sex, age,trust Fund, is subject to the ThisThis firm firm is subject to the Employment disability or national origin inagainst employment. from taxation the company or employer. Employment Security of the State of Idaho. Security Law oflaw the State of Idaho. Where polygraph tests are permitted, they are subject to numerous strict standards concerning the conduct and length of the test. Examinees have a number of specific rights, including the right to a written notice before testing, the right to refuse or discontinue a test, and the right not to have test results disclosed to unauthorized persons. The Secretary of Labor may bring court actions to restrain violations and assess civil penalties against violators. Employees or job applicants may also bring their own court actions. You have the right to be reemployed in your civilian job if you leave that job to perform service in the uniformed service and: I you ensure that your employer receives advance written or verbal notice of your service; I you have five years or less of cumulative service in the uniformed services while with that particular employer; I you return to work or apply for reemployment in a timely manner after conclusion of service; and I you have not been separated from service with a disqualifying discharge or under other than honorable conditions. Claims should be filed immediately after separation. online at labor.idaho.gov/claimantportal. Department Labor Don tidaho delay or you could loseofyour benefits. Idaho Department of Labor 317 W. MainbeSt., Idahoafter Claims should filedboise, immediately separation. 317COMMISSION W. Main St. IDAHO HUMAN RIGHTS (208) Website: labor.idaho.gov Idaho Department of Labor 317Idaho WEST MAIN STREET Boise, Idaho 317 W. Main St. Department of Labor BOISE,ID (208) Boise, Idaho C.L. Butch Otter, Governor labor.idaho.gov (208) (208) Kenneth D. Edmunds, Director labor.idaho.gov Website: (208) (FAX) Website: labor.idaho.gov If you are eligible to be reemployed, you must be restored to the job and benefits you would have attained if you had not been absent due to military service or, in some cases, a comparable job. RIGHT TO BE FREE FROM DISCRIMINATION AND RETALIATION (888) (TOLL FREE) If you: 5/2016 7/1/2010 EMPLOYEE RIGHTS EMPLOYEE RIGHTS UNDER THE FAIR LABOR STANDARDS ACT 5/2016 I initial employment; I reemployment; I retention in employment; I promotion; or I any benefit of employment UNDER THE FAIR LABOR STANDARDS ACT because of this status. In addition, an employer may not retaliate against anyone assisting in the enforcement of USERRA rights, including testifying or making a statement in connection with a proceeding under USERRA, even if that person has no service connection. FEDERAL MINIMUM WAGE FEDERAL MINIMUM WAGE $7.25 $7.25 HEALTH INSURANCE PROTECTION I If you leave your job to perform military service, you have the right to elect to continue your existing employer-based health plan coverage for you and your dependents for up to 24 months while in the military. I Even if you don t elect to continue coverage during your military service, you have the right WAGE AND HOUR DIVISION UNITED STATES DEPARTMENT OF LABOR The law requires employers to display this poster where employees can readily see it. The law requires employers to display this poster where employees can readily see it. OVERTIME PAY OVERTIME PAY CHILD LABOR CHILD LABOR authorized to investigate and resolve complaints of USERRA violations. I For assistance in filing a complaint, or for any other information on USERRA, contact VETS at USA-DOL or visit its website at An interactive online USERRA Advisor can be viewed at TTY: I If you file a complaint with VETS and VETS is unable to resolve it, you may request that WH1462 REV 07/16 I You may also bypass the VETS process and bring a civil action against an employer for TIP CREDIT TIP CREDIT your case be referred to the Department of Justice or the office of Special Counsel, as applicable, for representation. violations of USERRA. The rights listed here may vary depending on the circumstances. The text of this notice was prepared by VETS, and may be viewed on the internet at this address: Federal law requires employers to notify employees of their rights under USERRA, and employers may meet this requirement by displaying the text of this notice where they customarily place notices for employees. All-on-One Solutions STATE OF IDAHO Idaho Department of Labor 317 W. Main St. Boise, Idaho IDAHO MINIMUM WAGE LAW $7.25 PER HOUR TO THE EMPLOYER: THIS NOTICE MUST BE POSTED IN To help employers notify employees about their rights under various labor laws, Personnel Concepts has developed an All-on-One notification poster solution. The All-on-One Information Posters include multiple notices to ensure multi-level compliance with general notice requirements and inform employees of their rights and obligations under the law. ENFORCEMENT ENFORCEMENT TheDepartment Department has has authority authority to to recover recover back The back wages wages and and an an equal equalamount amountininliquidated liquidateddamages damages instances of of minimum minimum wage, wage, overtime, overtime, and inininstances and other other violations. violations. The TheDepartment Departmentmay maylitigate litigate and/orrecommend recommend criminal criminal prosecution. prosecution. Employers and/or Employers may may be be assessed assessedcivil civilmoney moneypenalties penaltiesfor for eachwillful willful or or repeated repeated violation violation of of the each the minimum minimum wage wage or or overtime overtimepay payprovisions provisionsofofthe thelaw. law. Civilmoney money penalties penalties may may also also be be assessed assessed for Civil for violations violations of of the theflsa s FLSA schild childlabor laborprovisions. provisions. Heightened civil civil money money penalties penalties may may be Heightened be assessed assessed for for each each child childlabor laborviolation violationthat thatresults resultsinin thedeath death or or serious serious injury injury of any minor employee, the employee, and and such such assessments assessmentsmay maybe bedoubled doubledwhen when theviolations violations are are determined determined to be willful or repeated. the repeated. The The law law also alsoprohibits prohibitsretaliating retaliatingagainst againstoror discharging workers workers who who file a complaint or participate discharging participate in in any any proceeding proceedingunder underthe theflsa. FLSA. ADDITIONAL ADDITIONAL INFORMATION INFORMATION Certain are exempt exempt from from the theminimum minimumwage, wage,and/or and/orovertime overtime Certain occupations occupations and and establishments are pay payprovisions. provisions. The Wage and Hour Section of the Idaho Department of Labor is responsible for the administration of the Idaho Minimum Wage and the Wage Payment Act. NOTICE TO EMPLOYERS: THIS OFFICIAL NOTICE MUST BE POSTED IN A CONSPICUOUS PLACE, IN OR ABOUT THE PREMISES WHERE ANY PERSON SUBJECT TO THE ACT IS EMPLOYED, OR IN A PLACE ACCESSIBLE TO EMPLOYEES (SECTION , IDAHO CODE). EMPLOYMENT OF WORKERS WITH DISABILITIES OR APPRENTICES MUST BE IN CONFORMANCE WITH SECTION AND , IDAHO CODE. FOR ADDITIONAL POSTERS OR INFORMATION, PLEASE CONTACT THE ADDRESS STATED ON THIS BULLETIN OR ACCESS OUR WEBSITE AT (R. 3/14) Job Safety and Health IT S THE LAW! Some workers as as independent independentcontractors contractors when whenthey theyare are Some employers employers incorrectly incorrectly classify classify workers actually It is is important important to to know know the thedifference differencebetween betweenthe thetwo two actually employees employees under under the the FLSA. FLSA. It because are entitled entitled to to the the FLSA s FLSA sminimum minimumwage wageand andovertime overtime because employees employees (unless (unless exempt) exempt) are pay independent contractors contractorsare arenot. not. payprotections protections and and correctly correctly classified classified independent Certain learners, apprentices, apprentices, and andworkers workerswith withdisabilities disabilitiesmay maybe be Certain full-time full-time students, students, student student learners, paid under special special certificates certificates issued issuedby bythe thedepartment DepartmentofofLabor. Labor. paidless less than than the the minimum minimum wage wage under REGARDING WORKERS COMPENSATION INSURANCE SA Employer Date By MP LE Employer s Authorized Agent An employee receiving an injury by accident must immediately notify his/her supervisor, superintendent, or the undersigned, who will provide medical attendance. Claim for compensation must be made in writing and given to the employer. Forms for giving notice of injury and making claim for compensation will be furnished by the employer; by the surety, or upon application, by the Industrial Commission in Boise, Idaho. EQUAL OPPORTUNITY EQUAL OPPORTUNITY IS THE LAW IS THE LAWIS THE LAW EQUAL OPPORTUNITY IT IS AGAINST THE LAW FOR THIS RECIPIENT OF FEDERAL FINANCIAL WH1088 REV 07/16 WH1088 REV 07/16 IT IS IT IS ASSISTANCE DISCRIMINATE ON RECIPIENT THE FOLLOWING BASES: FINANCIAL IT IS AGAINST TO THE LAW FOR THIS OF FEDERAL Against any individual in the United States, on the of race, color, religion, sex (including pregnancy, childbirth, ASSISTANCE TO DISCRIMINATE ONbasis THE FOLLOWING BASES: and related medical conditions, sex stereotyping, transgender status, and gender identity), national origin (including Against any individual in the United States, on the basis of race, color, religion, sex (including pregnancy, childbirth, limited English proficiency), age, disability, or political affiliation or belief, or, against any beneficiary of, applicant to, and related medical conditions, sex stereotyping, transgender status, and gender identity), national origin (including or participant in programsage, financially assisted under affiliation Title I of the Workforce Innovation Opportunity Act, on theto, limited English proficiency), disability, or political or belief, or, against anyand beneficiary of, applicant basis of the citizenship assisted status or participation Title I-financially program oract, activity. or participant in individual s programs financially under Title Iinofany thewioa Workforce Innovationassisted and Opportunity on the basisthe of therecipient individual s citizenship or DISCRIMINATE participation in any WIOA I-financially program or activity. MUSTstatus NOT IN Title ANY OF THEassisted FOLLOWING AREAS: THE RECIPIENT MUST NOT DISCRIMINATE IN ANY OF THE FOLLOWING AREAS: Deciding who will be admitted, or have access, to any WIOA Title I-financially assisted program or activity; Deciding who opportunities will be admitted, have access, to any I-financially assisted program Providing in, orortreating any person withwioa regardtitle to, such a program or activity; or or activity; Providing or treating any person withof, regard to, such a program activity;ororactivity. Makingopportunities employment in, decisions in the administration or in connection with, suchorprogram Making employment decisions in the administration of, or in connection with,that such program or activity. Recipients of federal financial assistance must take reasonable steps to ensure communications with individuals Recipients of federalare financial assistance must take reasonable ensure that communications individuals with disabilities as effective as communications with others.steps This to means that, upon request and at with no cost to the with individual, disabilitiesrecipients are as effective as communications with others. This means that, upon request and individuals at no cost to the are required to provide appropriate auxiliary aids and services to qualified with individual, recipients are required to provide appropriate auxiliary aids and services to qualified individuals with disabilities. disabilities. WHAT TO DO IF YOU BELIEVE YOU HAVE EXPERIENCED DISCRIMINATION WHAT TO DO IF YOU BELIEVE YOU HAVE EXPERIENCED DISCRIMINATION If you think that you have been subjected to discrimination under a WIOA Title I-financially assisted program or If you think you thatmay youfile have been subjected discrimination under WIOA violation Title I-financially activity, a complaint within 180todays from the date of theaalleged with either:assisted program or activity, you may file a complaint within 180 days from the date of the alleged violation with either: The recipient s Equal Opportunity Officer (or the person whom the recipient has designated for this purpose); or The recipient s Equal Opportunity Officer (or the person whom the recipient has designated for this purpose); or The Director, Civil Rights Center (CRC), U.S. Department of Labor, 200 Constitution Avenue NW., Room N The 4123, Director, Civil Rights Centeror(CRC), U.S. Department Labor, Avenue NW., Room NWashington, DC electronically as directed onofthe CRC 200 WebConstitution site at , Washington, DC or electronically as directed on the CRC Web site at If you file your complaint with the recipient, you must wait either until the recipient issues a written Notice of Final If you file your complaint with the recipient, you must wait either until the recipient issues a written Notice of Final Action, or until 90 days have passed (whichever is sooner), before filing with the Civil Rights Center (see address Action, or until 90 days have passed (whichever is sooner), before filing with the Civil Rights Center (see address above). above). the recipient a written NoticeofofFinal FinalAction Actionwithin within days days of of the If theif recipient doesdoes not not givegive youyou a written Notice the day day on on which whichyou youfiled filedyour your complaint, a complaint withcrc CRCbefore beforereceiving receiving that that Notice. Notice. However, However, you complaint, you you maymay file file a complaint with you must must file fileyour yourcrc CRC complaint within 30 days of the 90-day deadline(in(inother otherwords, words,within within days days after after the complaint within 30 days of the 90-day deadline the day day on onwhich whichyou youfiled filed your complaint with the recipient). your complaint with the recipient). the recipient a written NoticeofofFinal FinalAction Actionon onyour your complaint, complaint, but but you If theif recipient doesdoes givegive youyou a written Notice you are are dissatisfied dissatisfiedwith withthe the decision or resolution, a complaintwith withcrc. CRC.You Youmust mustfile file your your CRC CRC complaint decision or resolution, youyou maymay filefile a complaint complaint within within30 30days daysofofthe the on which received Notice Final Action. date date on which you you received thethe Notice of of Final Action. Toafile a complaint IDOL s Equal To file complaint withwith IDOL s Equal Opportunity Officer, contact: Opportunity Officer, contact: AmyAmy Hohnstein Hohnstein WIOA Equal Opportunity Officer WIOA Equal Opportunity Officer (208)(208) x x 3330 amy.hohnstein@labor.idaho.gov amy.hohnstein@labor.idaho.gov ICREV 11/94. EMP 12/ /2016 Employers must: A safe workplace. Provide employees a workplace free from recognized hazards. It is illegal to retaliate against an employee for using any of their rights under the law, including raising a health and safety concern with you or with OSHA, or reporting a work-related injury or illness. Raise a safety or health concern with your employer or OSHA, or report a workrelated injury or illness, without being retaliated against. Receive information and training on job hazards, including all hazardous substances in your workplace. To help employers demonstrate good faith compliance with compliance requirements, Personnel Concepts has introduced Compliance Subscription Services. These exclusive subscription packages include required postings and notices needed to comply and automatic updates for a full year when regulatory changes occur. Additionally, subscribers will also receive a quarterly newsletter to keep them abreast of changes in compliance requirements. Personnel Concepts Compliance Service Subscriptions provide a worry-free solution to the problem of always needing to update outdated posting materials. Comply with all applicable OSHA standards. Report to OSHA all work-related fatalities within 8 hours, and all inpatient hospitalizations, amputations and losses of an eye within 24 hours. Request an OSHA inspection of your workplace if you believe there are unsafe or unhealthy conditions. OSHA will keep your name confidential. You have the right to have a representative contact OSHA on your behalf. Provide required training to all workers in a language and vocabulary they can understand. Participate (or have your representative participate) in an OSHA inspection and speak in private to the inspector. Post OSHA citations at or near the place of the alleged violations. File a complaint with OSHA within 30 days (by phone, online or by mail) if you have been retaliated against for using your rights. See any OSHA citations issued to your employer. Prominently display this poster in the workplace. THE LAW Private Employers, State and Local Governments, Educational Institutions, Employment Agencies and Labor Organizations Applicants to and employees of most private employers, state and local governments, educational institutions, employment agencies and labor organizations are protected under Federal law from discrimination on the following bases: AGE The Age Discrimination in Employment Act of 1967, as amended, protects applicants and employees 40 years of age or older from discrimination based on age in hiring, promotion, discharge, pay, fringe benefits, job training, classification, referral, and other aspects of employment. DISABILITY Title I and Title V of the Americans with Disabilities Act of 1990, as amended, protect qualified individuals from discrimination on the basis of disability in hiring, promotion, discharge, pay, fringe benefits, job training, classification, referral, and other aspects of employment. Disability discrimination includes not making reasonable accommodation to the known physical or mental limitations of an otherwise quali- SEX (WAGES) In addition to sex discrimination prohibited by Title VII of the Civil Rights Act, as amended, the Equal Pay Act of 1963, as amended, prohibits sex discrimination in the payment of wages to women and men performing substantially equal work, in jobs that require equal skill, effort, and responsibility, under similar working conditions, in the same establishment RACE, COLOR, RELIGION, SEX, NATIONAL ORIGIN Executive Order 11246, as amended, prohibits job discrimination on the basis of race, color, religion, sex or national origin, and requires affirmative action to ensure equality of opportunity in all aspects of employment. FREE ASSISTANCE to identify and correct hazards is available to small and mediumsized employers, without citation or penalty, through OSHA-supported consultation programs in every state. INDIVIDUALS WITH DISABILITIES Section 503 of the Rehabilitation Act of 1973, as amended, protects qualified individuals from discrimination on the basis of disability in hiring, promotion, discharge, pay, fringe benefits, job training, classification, referral, and other aspects of employment. Disability discrimination includes not making reasonable accommodation to the known physical or GENETICS Title II of the Genetic Information Nondiscrimination Act of 2008 protects applicants and employees from discrimination based on genetic information in hiring, promotion, discharge, pay, fringe benefits, job training, classification, referral, and other aspects of employment. GINA also restricts employers acquisition of genetic information and strictly limits disclosure of genetic information. Genetic information includes information about genetic tests of applicants, employees, or their family members; the manifestation of diseases or disorders in family members (family medical history); and requests for or receipt of genetic services by applicants, employees, or their family members. RETALIATION All of these Federal laws prohibit covered entities from retaliating against a person who files a charge of discrimination, participates in a discrimination proceeding, or otherwise opposes an unlawful employment practice. WHAT TO DO IF YOU BELIEVE DISCRIMINATION HAS OCCURRED There are strict time limits for filing charges of employment discrimination. To preserve the ability of EEOC to act on your behalf and to protect your right to file a private lawsuit, should you ultimately need to, you should contact EEOC promptly when discrimination is suspected: The U.S. Equal Employment Opportunity Commission (EEOC), (toll-free) or (toll-free TTY number for individuals with hearing impairments). EEOC field office information is available at or in most telephone directories in the U.S. Government or Federal Government section. Additional information about EEOC, including information about charge filing, is available at mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, barring undue hardship. Section 503 also requires that Federal contractors take affirmative action to employ and advance in employment qualified individuals with disabilities at all levels of employment, including the executive level. DISABLED, RECENTLY SEPARATED, OTHER PROTECTED, AND ARMED FORCES SERVICE MEDAL VETERANS The Vietnam Era Veterans Readjustment Assistance Act of 1974, as amended, 38 U.S.C. 4212, prohibits job discrimination and requires affirmative action to employ and advance in employment disabled veterans, recently separated veterans (within three years of discharge or release from active duty), other protected veterans (veterans who served during a war or in a campaign or expedition for which a campaign badge has been authorized), and Armed Forces service medal veterans (veterans who, while on active duty, participated in a U.S. military operation for which an Armed Forces service medal was awarded). RETALIATION Retaliation is prohibited against a person who files a complaint of discrimination, participates in an OFCCP proceeding, or otherwise opposes discrimination under these Federal laws. Any person who believes a contractor has violated its nondiscrimination or affirmative action obligations under the authorities above should contact immediately: The Office of Federal Contract Compliance Programs (OFCCP), U.S. Department of Labor, 200 Constitution Avenue, N.W., Washington, D.C , (toll-free) or (202) (TTY). OFCCP may also be contacted by at OFCCP-Public@dol.gov, or by calling an OFCCP regional or district office, listed in most telephone directories under U.S. Government, Department of Labor. Programs or Activities Receiving Federal Financial Assistance RACE, COLOR, NATIONAL ORIGIN, SEX In addition to the protections of Title VII of the Civil Rights Act of 1964, as amended, Title VI of the Civil Rights Act of 1964, as amended, prohibits discrimination on the basis of race, color or national origin in programs or activities receiving Federal financial assistance. Employment discrimination is covered by Title VI if the primary objective of the financial assistance is provision of employment, or where employment EEOC-P/E-1 (Revised 11/09) Contact OSHA. We can help. Y Y ID22763V.indd 1 fied individual with a disability who is an applicant or employee, barring undue hardship. RACE, COLOR, RELIGION, SEX, NATIONAL ORIGIN Title VII of the Civil Rights Act of 1964, as amended, protects applicants and employees from discrimination in hiring, promotion, discharge, pay, fringe benefits, job training, classification, referral, and other aspects of employment, on the basis of race, color, religion, sex (including pregnancy), or national origin. Religious discrimination includes failing to reasonably accommodate an employee s religious practices where the accommodation does not impose undue hardship. Employers Holding Federal Contracts or Subcontracts Request copies of your medical records, tests that measure hazards in the workplace, and the workplace injury and illness log OSHA (6742) TTY Idaho is an an equal equalopportunity opportunityemployer. employer. IdahoDepartment Department of of Labor Labor is Auxiliary aids toindividuals individualswith withdisabilities. disabilities. Auxiliary aidsand andservices servicesare areavailable available upon upon request request to Dial for foridaho IdahoRelay RelayService. Service. Dial Equal Employment Opportunity is Applicants to and employees of companies with a Federal government contract or subcontract are protected under Federal law from discrimination on the following bases: THE AMERICAN POLICY IS OUR POLICY. OSHA R 2015 Worry-Free Subscription Services All workers have the right to: TTY: TTY: WAGE AND HOUR DIVISION WAGE AND HOUR DIVISION UNITED STATES DEPARTMENT OF LABOR UNITED STATES DEPARTMENT OF LABOR ALL WORKERS EMPLOYED BY THE UNDERSIGNED ARE HEREBY NOTIFIED THAT THE EMPLOYER HAS COMPLIED WITH THE LAW AS TO SECURING THE PAYMENT OF COMPENSATION TO EMPLOYEES AND THEIR DEPENDENTS, IN ACCORDANCE WITH THE PROVISIONS OF THE WORKERS COMPENSATION LAW. SECTION , IDAHO CODE: All wages due a separated employee must be paid the earlier of the next regularly scheduled payday or within 10 days of separation, weekends and holidays excluded. If the separated employee makes a written request for earlier payment, all wages then due must be paid within 48 hours, weekends and holidays excluded. For further information, "A Guide to Idaho Labor Laws" is available at any Idaho Department of Labor office in the state and online at labor.idaho.gov/pdf/wagehour.pdf (English) and labor.idaho.gov/pdf/wagehourspan.pdf (Spanish) or call Kootenai County (208) ; Boise (208) ; Pocatello (208) , ext. 3659; or Burley (208) , ext Dial for Idaho Relay Service. Special American Samoa, Samoa, the the Commonwealth Commonwealthofofthe thenorthern Northern Special provisions provisions apply apply to workers in American Mariana Puerto Rico. Rico. Mariana Islands, Islands, and and the the Commonwealth of Puerto Some employee protections; protections; employers employersmust mustcomply complywith withboth. both. Some state state laws laws provide provide greater greater employee NOTICE OPPORTUNITY WAGE: Employees under 20 years of age may be paid $4.25 per hour during their first 90 consecutive calendar days of employment with an employer. SECTION , IDAHO CODE, EXEMPTIONS FROM MINIMUM WAGE: The provisions of this act shall not apply to any employee employed in a bona fide executive, administrative, or professional capacity; to anyone engaged in domestic service; to any individual employed as an outside salesperson; to seasonal employees of a non-profit camping program; or to any child under the age of sixteen (16) years working part-time or at odd jobs not exceeding a total of four (4) hours per day with any one (1) employer; or any individual employed in agriculture if; such employee is the parent, spouse, child or other member of his employer s immediate family; or such employee is older than sixteen (16) years of age and is employed as a harvest laborer and is paid on a piece-rate basis in an operation which has been, and is customarily and generally recognized as having been paid on a piece -rate basis in the region of employment, and commutes daily from his permanent residence to the farm on which he is so employed, and has been employed in agriculture less than thirteen (13) weeks during the preceding calendar year; or such employee is sixteen (16) years of age or under and; is employed as a harvest laborer, is paid on a piece-rate basis in an operation which has been, and is customarily and generally recognized as having been paid on a piece-rate basis in the region of employment, and is employed on the same farm as his parent or person standing in the place of his parent, and is paid at the same piece-rate basis as employees over the age of sixteen (16) years are paid on the same farm; or such employee is principally engaged in the range production of livestock. U.S. Department of Labor The FLSA requires employers to provide reasonable break time for a nursing mother employee The FLSA requires employers to provide reasonable break time for a nursing mother employee who is subject to the FLSA s overtime requirements in order for the employee to express breast who is subject to the FLSA s overtime requirements in order for the employee to express breast milk for her nursing child for one year after the child s birth each time such employee has a need milk for her nursing child for one year after the child s birth each time such employee has a need to express breast milk. Employers are also required to provide a place, other than a bathroom, to express breast milk. Employers are also required to provide a place, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public, which may be that is shielded from view and free from intrusion from coworkers and the public, which may be usedby by the the employee employee to to express express breast breast milk. used milk. A CONSPICUOUS PLACE UPON YOUR PREMISES. AS OF JULY 24, 2009 At least 1½ times the regular rate of pay for all hours worked over 40 in a workweek. At least 1½ times the regular rate of pay for all hours worked over 40 in a workweek. An employee must be at least 16 years old to work in most non-farm jobs and at least 18 to work An employeejobs must be at least 16 years work in most non-farm and 15 at years least 18 work in non-farm declared hazardous byold theto Secretary of Labor. Youthsjobs 14 and oldtomay inwork non-farm jobs declared by the Secretary of Labor. Youths 14 and 15 years old may outside school hourshazardous in various non-manufacturing, non-mining, non-hazardous jobs with work outside schoolrestrictions. hours in various non-manufacturing, non-mining, non-hazardous jobs with certain work hours Different rules apply in agricultural employment. certain work hours restrictions. Different rules apply in agricultural employment. Employers of tipped employees who meet certain conditions may claim a partial wage credit Employers of tipped employees who meetemployers certain conditions claim a partial awage based on tips received by their employees. must paymay tipped employees cashcredit wage based on tips received by iftheir Employers must tipped wage employees a cash wage of at least $2.13 per hour theyemployees. claim a tip credit against theirpay minimum obligation. If an of at least $2.13 per hour if they claim a tip credit against their minimum wage obligation. If an employee s tips combined with the employer s cash wage of at least $2.13 per hour do not equal employee s tips combined with the employer s cash wage of at least $2.13 per hour do not equal the minimum hourly wage, the employer must make up the difference. the minimum hourly wage, the employer must make up the difference. NURSING NURSING MOTHERS MOTHERS Publication Date October 2008 SECTION , IDAHO CODE: Except as hereinafter otherwise provided, no employer shall pay to any of his employees any wages computed at a rate of less than: TIPPED EMPLOYEES: Any employee engaged in an occupation in which he customarily and regularly receives more than thirty dollars ($30.00) a month in tips will be paid a minimum of $3.35 per hour. If an employee's tips combined with the employer's cash wage do not equal the minimum hourly wage, the employer must make up the difference. PER HOUR PER HOUR BEGINNING JULY 24, 2009 BEGINNING JULY 24, 2009 to be reinstated in your employer s health plan when you are reemployed, generally without any waiting periods or exclusions (e.g., pre-existing condition exclusions) except for service-connected illnesses or injuries. ENFORCEMENT I The U.S. Department of Labor, Veterans Employment and Training Service (VETS) is THE LAW REQUIRES EMPLOYERS TO DISPLAY THIS POSTER WHERE EMPLOYEES AND JOB APPLICANTS CAN READILY SEE IT. An Equal Opportunity Employer and Service Provider. Reasonable Accommodations are available upon request. Dial 711 for Idaho Relay Service 5/2016 I are a past or present member of the uniformed service; I have applied for membership in the uniformed service; or I are obligated to serve in the uniformed service; then an employer may not deny you: Anti-Discrimination Notice. It is illegal to discriminate against any individual (other than an alien not authorized to work in the U.S.) in hiring, discharging, or recruiting or referring for a fee because of that individual s national origin or citizenship status. It is illegal to discriminate against work eligible individuals. Employers CANNOT specify which document(s) they will accept from an employee. The refusal to hire an individual because of a future expiration date may also constitute illegal discrimination. If you think discrimination has occurred, call the Office of Special Counsel for Immigration Related Unfair Employment Practices at discrimination causes or may cause discrimination in providing services under such programs. Title IX of the Education Amendments of 1972 prohibits employment discrimination on the basis of sex in educational programs or activities which receive Federal financial assistance. INDIVIDUALS WITH DISABILITIES Section 504 of the Rehabilitation Act of 1973, as amended, prohibits employment discrimination on the basis of disability in any program or activity which receives Federal financial assistance. Discrimination is prohibited in all aspects of employment against persons with disabilities who, with or without reasonable accommodation, can perform the essential functions of the job. PAYDAY NOTICE REGULAR PAYDAYS FOR EMPLOYEES OF: If you believe you have been discriminated against in a program of any institution which receives Federal financial assistance, you should immediately contact the Federal agency providing such assistance. CHECK FOR RECENT REVISIONS Distributed by Personnel Concepts This poster is guaranteed to be accurate and up-to-date as of the date sold. (firm name) shall be as follows: o Weekly o Bi-weekly o Monthly o Other By Title Location Day/Time To reorder, call or Please scan QR code above, or call Customer Service at , to see if your poster is up-to-date. Space Saver 1 ITEM# Y U-Y L ID22763V-0117 This poster is registered with the Library of Congress and may not be duplicated AIO Acquisition, Inc. All rights reserved. 1/20/17 9:24 AM NIDA Guidebooks and Manuals Personnel Concepts uses the NIDA approach (Notification / Implementation / Documentation / Administration) in structuring guidebooks / manuals and developing easy-to-use implementation procedures relating to the kit components: Notification Information to educate the employer about their legal obligations and risks. Implementation Procedures for implementing mandatory compliance efforts, policies, procedures training, and best practices. Documentation Tools for recordkeeping and forms for the purposes of documentation. Administration Plain language guidance intended to educate the employer on steps to compliance. 14