Networking Activity: HR Laws & Regulations Goal: develop a basic familiarity with HR laws and regulations. The Activity: 1. Introduce yourself to the people
Networking Activity: HR Laws & Regulations Goal: develop a
basic familiarity with HR laws and regulations. The Activity: 1.
Introduce yourself to the people at your table share your name,
company, & what you hope to learn today 2. On your table is a
sheet that outlines one HR law or regulation. Discuss this topic
with those at your table. Summarize the info on your sheet &
add any related experience or best practice you have 3. During the
presentation you will have an opportunity to share your summary
with the large group Ohio SHRM
Slide 2
HR Makes a Difference Ohio SHRM Ohio SHRM provides this
information as a reference only. It is not to be construed as legal
advice. www.ohioshrm.org Customization Point add name, logo, &
web address of local HR association
Slide 3
Learning Goals Small business owners will discover answers to
these questions: 1. How do I hire employees ? 2. How do I pay
employees ? 3. How do I protect employees ? 4. How do I keep from
being sued ? 5. How do I fire employees ? 6. How do I retain
employees? 7. Q&A Ohio SHRM
Slide 4
What is HR Management? Talent Acquisition Talent Development
Talent Retention Benefits/Compensation Employee/Labor Relations
Risk Management Talent Strategy Organizational Development Identify
High-Potential Employees Succession Planning Ohio SHRM
Slide 5
HR Roles Operational Administrative Generalist vs. Specialist
Strategic HR Strategy Business Strategy Ohio SHRM
Slide 6
Mission (Whats the goal) Environment Scan (External &
Internal) Forecast Supply & Demand What are you going to need
Complete HR Inventory What have & where is gap Actions needed
to reduce gap Execute PlanInvolve Others Assess What went well What
to change HR Planning Process Ohio SHRM
Strategic HR Resources The Human Resource Planning Society
http://www.managementhelp.org HR.com - human resources community
for knowledge, expertise and resources http://www.hr.com APQC
membership needed to access most benchmarking resources
http://www.apqc.org Ohio SHRM Reminder to Facilitator: prior to
presentation check that hyperlinks on all slides still function
correctly.
Slide 9
General Resources U.S. Department of Labor http://www.dol.gov
U.S. Department of Labor Office of Compliance Assistance Policy
provides an Employment Law Guide, summary of major laws, and
materials in Spanish U.S. Department of Labor Office of Compliance
Assistance Policy Bureau of Labor Statistics http://www.bls.gov
Library of Congress - THOMAS was launched in January of 1995, at
the inception of the 104th Congress. The leadership of the 104th
Congress directed the Library of Congress to make federal
legislative information freely available to the public. Since that
time THOMAS has expanded the scope of its offerings to include the
features and content listed below. http://thomas.loc.gov Internal
Revenue Service http://www.irs.gov Ohio SHRM
Slide 10
General Resources page 2 State of Ohio http://ohio.gov SHRM
Society for Human Resources Management SHRM www.shrm.org _____
local Human Resources association Ohio SHRM Customization Point add
name & web address of local HR association
Slide 11
General Resources page 3 SBA U.S. Small Business Administration
http://www.sba.gov/localresources/district/oh SCORE Counselors to
Americas Small Business (partner with Small Business
Administration) http://www.score.org Ohio SBDC (Small Business
Development Center) http://sbdcfreeadvice.ning.com Business and
Legal Reports sign up for free ezines on topics of Compensation,
HR, and Safety http://www.blr.com Ohio SHRM
Slide 12
Labor Relations Resources Federal Mediation & Conciliation
Service http://www.fmcs.gov LaborNet directory of union
organizations on the internet
http://www.labornet.org/links/directory.html National Labor
Relations Board - an independent federal agency created by Congress
in 1935 to administer the National Labor Relations Act, the primary
law governing relations between unions and employers in the private
sector. The statute guarantees the right of employees to organize
and to bargain collectively with their employers, and to engage in
other protected concerted activity with or without a union, or to
refrain from all such activity.National Labor Relations Act
http://www.nlrb.gov Ohio SHRM
Slide 13
How do I hire my employees ? What recruiting sources have you
used in the past? Ohio SHRM
Slide 14
How do I hire my employees ? Hiring process Ohio SHRM
Employment Documents Interviews: Screening & In-depth Pre-
employment Testing Candidate Evaluation Background & Reference
Tests Applicant Communication Links: Background ChecksBackground
Checks (FBI website) Employee Polygraph Protection Act
Slide 15
Illegal Interview Questions Ohio SHRM Employers should not ask
about any of the following, because to not hire a candidate because
of any one of them is discriminatory: RaceReligion ColorNational
origin SexBirthplace AgeDisability Marital/family status Additional
Resource: What You Can Ask and What You Cant Legal/Illegal
Interview Questions from Michigan Tech What You Can Ask and What
You Cant Legal/Illegal Interview Questions
Slide 16
How do I hire my employees ? New Hire Forms & Orientation
U.S. Citizenship & Immigration Services source for I-9
Employment Eligibility Verification formI-9 Employment Eligibility
Verification 2010 W4 2010 W4 Spanish State & Local Taxes Signed
Offer Letter & Job Description Employee Data Form Direct
Deposit (if appropriate) Health, Life, and Disability Insurance
forms as offered by company Copy of Employee Handbook with separate
form document employee has received handbook Confidentiality
Agreement Non-Disclosure Agreement Ohio SHRM
Slide 17
How do I hire my employees ? Orientation vs. Onboarding
Orientation introduces new employee to organization, policy,
procedures, and tools to be effective: Computer System &
Password E-mail Software Telephone System Voice Mail Long-Distance
Calls Onboarding is a longer process (3 to 12 months) that
acclimates employees to multiple departments, processes & the
companys culture. May include: Mentor or buddy program Work
resources & tools Ohio SHRM
Slide 18
Employment Relationship Employment-At-Will Doctrine ODU project
link Several sample policies are included on your cdsample policies
SHRM (Society for Human Resources Management) has a variety of
sample policies and toolkits available to members SHRM Here is a
link to sample policies provided on About.com:Human Resources
About.com:Human Resources Ohio SHRM
Slide 19
The Basic Company Handbook Communicates companys procedures and
policies May provide overview of organizations mission, values, and
culture Promote consistent & equitable treatment throughout
company by articulating expectations Challenge: if have handbook,
need to follow it consistently with all employees Ohio SHRM
Slide 20
Document Retention Key question to answer is How long do I need
to keep each document Employer Record Retention Requirements
Document Retention in the Digital Age (article) Document Retention
in the Digital Age Ohio SHRM
Slide 21
Required Posters The U.S. Department of Labor provides an
online tool to advise you of the Federal posters your business is
required to displayU.S. Department of Labor Ohio Civil Rights
Commission Publications List all items available in English and
Spanish Ohio Civil Rights Commission Hyperlinks to additional
information regarding required posters is included when available
on your cd Ohio SHRM
Slide 22
Employment Law in the Workplace Title VII of the Civil Rights
Act of 1964 (Title VII)/Harassment prevention Employee Polygraph
Protection Act ERISA Civil Rights Act of 1991Occupational Safety
and Health Act (OSHA) Privacy Pregnancy Discrimination Act (PDA)
Workers Compensation Anti-Harassment Age Discrimination in
Employment Act (ADEA) Worker Adjustment and Retraining Notification
Act (WARN) Document retention Older Workers Benefit Protection Act
(OWPA) Equal Pay Act Union avoidance Americans with Disabilities
Act (ADA) Fair Labor Standards Act (FLSA)Employee Handbooks
Immigration Reform and Control Act Equal Employment Opportunity
Commission/Affirmative Action USERRA Family and Medical Leave Act
(FMLA) ; National Defense Authorization Act Taft Hartley ActCOBRA
Fair Credit Reporting Act NLRA/NLRB and ways to promote a non-union
workplace HIPPA Drug Free Workplace ActSocial SecuritySarbanes
Oxley Genetic Information Nondiscrimination Act Ohio SHRM
Slide 23
ADA Resources ADA Home page (Americans with Disabilities Act)
http://www.ada.gov Resource & summary slides (ODU project link)
Resource & summary slides Ohio SHRM
Slide 24
Civil Rights Federal site Regulations Enforced by the Office
for Civil Rights summary from U.S. Department of Education
Regulations Enforced by the Office for Civil Rights Ohio Civil
Rights Commission http://crc.ohio.gov ODU project link Ohio
SHRM
Slide 25
EEOC U.S. Equal Employment Opportunity Commission 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,
national origin, sex (including pregnancy), age (40 or older),
religion, or disability. 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. Most employers with at
least 15 employees are covered by EEOC laws (20 employees in age
discrimination cases). Most labor unions and employment agencies
are also covered. The laws apply to all types of work situations,
including hiring, firing, promotions, harassment, training, wages,
and benefits. Website: http://www.eeoc.govhttp://www.eeoc.gov
Federal Laws Prohibiting Job Discrimination Questions And Answers
Federal Laws Prohibiting Job Discrimination Questions And Answers
Equal Employment Advisory Council ODU project link Ohio SHRM
Slide 26
HIPPA - Resources HIPAA: HIPAA (Health Insurance Portability
and Accountability Act of 1996) is a broad federal law that
addresses many healthcare issues, including insurance benefits,
medical savings accounts, and fraud and abuse. The Portability
focus of HIPAA is to let people take their health insurance
benefits with them when they change jobs or leave the workforce.
The Accountability focus of HIPAA is to protect the confidentiality
of Protected Health Information (PHI). While the law outlines broad
requirements for healthcare organizations, more detailed
requirements are found in the federal regulations. These
regulations have been developed by the Center For Medicare &
Medicaid Services (CMS) and enforced by a combination of the Office
of Civil Rights and CMS, all within the Department of Health and
Human Services.Center For Medicare & Medicaid Services (CMS)
HIPAA Overview by Centers for Medicare and Medicaid ODU project
link Ohio SHRM
Slide 27
Social Security Resources U.S. Social Security Administration
information for employers: http://www.ssa.gov/employer1.htm ODU
project link Ohio SHRM
Slide 28
How Do I Stay Informed of Legislation Changes Websites &
newsletters that provide legislative related information: Workforce
Management BLR Business and Legal Resources Become a member of:
Local HR association SHRM Local Chamber of Commerce Ohio Chamber of
Commerce Ohio SHRM Customization Point add name & web address
of local HR association and area Chamber of Commerce
Slide 29
Diversity Resources Engaging Multiple Generations Among Your
Workforce (article) Engaging Multiple Generations Among Your
Workforce National MultiCultural Institute - provider of services,
knowledge, and skills in the growing field of multiculturalism and
diversity National MultiCultural Institute NAACP - mission is to
ensure the political, educational, social, and economic equality of
rights of all persons and to eliminate racial hatred and racial
discrimination NAACP National Business & Disability Council -
resource for employers seeking to integrate people with
disabilities into the workplace and companies seeking to reach them
in the consumer marketplace National Business & Disability
Council Native Links Sources - Native American website links and
resources Native Links Sources Ohio SHRM
Slide 30
How do I pay my employees ? Total Compensation System Equity
Pay strategies (lead, lag) FLSA exemptions Incentives Differentials
Starting pay rates, increases Job Analysis (benchmarking and fair
pay analysis) Job Evaluation/Market Analysis Ohio SHRM
Slide 31
How do I pay my employees ? Creating a pay structure Pay ranges
how to article Pay ranges Compa-ratios introduction Compa-ratios
Pay (or Salary) compression definition Pay (or Salary) compression
Deciding which benefits to offer Legally mandated benefits Pay for
time not worked Health Care Benefits Flexible Benefit Plans
Retirement/Pension Benefits Other (tuition, transportation, etc.)
Ohio SHRM
Slide 32
FLSA - Resources World at Work FLSA Implementation Toolkit:
http://www.worldatwork.org/waw/Content/issuetracker
/issue-tracker-541toolkit.jsp
http://www.worldatwork.org/waw/Content/issuetracker
/issue-tracker-541toolkit.jsp Wage and Hour Division (WHD):
Compliance Assistance - Fair Labor Standards Act (FLSA) includes
links to articles & posters in 8 languages Wage and Hour
Division (WHD): Compliance Assistance - Fair Labor Standards Act
(FLSA) http://www.dol.gov/whd/flsa/index.htm ODU project link Ohio
SHRM
Slide 33
How do I pay my employees ? Job Analysis: O*NET Resource Center
(Occupational Information Network) cosponsored by the U.S.
Department of Labor/Employment and Training, this site is the
nation's primary source of occupational information. Use this site
to download the O*NET database, career exploration tools, job
analysis questionnaires, employer guides, and technical reports.
http://www.onetcenter.org Ohio SHRM
Slide 34
How do I pay my employees ? FAQs About BenefitsGeneral Overview
of Employment-Based Benefits: The vast majority of Americans who
have retirement and health coverage receive it through
employment-based benefits from either their own or a family
member's job. The employee benefit system in the United States
today is a partnership among businesses, individuals, and the
government. In general, benefits fall into three categories:
Voluntary Benefits: Most employment-based benefits, particularly
retirement plans and health insurance, are provided voluntarily by
businesses. The government supports these voluntary
employment-based benefits by granting favorable tax treatment both
to the employers that sponsor them and to the workers who receive
them. Mandatory Benefits: Certain other benefits, including Social
Security, unemployment insurance, workers' compensation, and family
and medical leave, are mandatory under federal or state law.
Individual Programs: The government also supports individual
financial security programs through individual retirement accounts
(IRAs), favorable taxation of life insurance contracts, and
tax-free death benefits. http://www.ebri.org Ohio SHRM
Slide 35
How do I pay my employees ? Benefit Resources: Employee Benefit
Research Institute (EBRI) http://www.ebri.org International
Foundation Education, Benefits, Compensation http://www.ifebp.org
Ohio Department of Insurance Ohio SHRM
Slide 36
How do I pay my employees ? Work-Life Effectiveness:
Recognizing the importance of Work-Life Effectiveness at your
organization establishes your company as an active supporter of
work-life efforts (a.k.a. Work-Life Balance). Evaluating your
companys existing work-life programs will reveal your programs
strengths and weaknesses and help determine which programs and
policies to promote and those to consider for future development.
Checklist for self-audit:
http://www.worldatwork.org/pub/selfaudit.pdf Work-Life and Human
Capital Solutions many free resources http://www.wfcresources.com
Ohio SHRM
Slide 37
Activity: Safety Review 1. Find 3 other people 2. Grab a marker
3. As a team visit each flip chart & add relevant info and best
practices to each chart as it relates to the title Ohio SHRM
Slide 38
How do I protect my employees? The Business Case for Safety
PowerPoint developed by OSHA, Abbott, and The Center for Business
and Public Policy at Georgetown University The Business Case for
Safety Violence in the Workplace FBI Resource: Workplace Violence -
Issues in ResponseWorkplace Violence - Issues in Response FBI
Poster: Protect Your WorkplaceProtect Your Workplace Emergency
Response Planning OSHA website: Emergency Preparedness and
ResponseEmergency Preparedness and Response Business Continuity and
Recovery From Ready.gov website: Plan to Stay in BusinessPlan to
Stay in Business Ohio SHRM
Slide 39
How do I protect my employees? Key OSHA Standards Bloodborne
Pathogens HazCom Noise Standard/Hearing Conservation Needle Stick
Key OSHA Reporting Requirements Accident Investigation Incident
Reporting OSHA Logs Posting Requirements Ohio SHRM
Slide 40
How do I protect my employees? United States Department of
Labor - Occupational Safety & Health Administration: Forms 300,
300A, and 301 and including instructions on how to complete300,
300A, and 301 Main OSHA webpage: http://www.osha.gov In case of
emergency call 800-321-OSHA Ohio is part of OSHAs Region 5:
Regional Office 230 South Dearborn Street, Room 3244 Chicago,
Illinois 60604 (312) 353-2220 (312) 353-7774 FAX Columbus Area
Office 200 North High Street, Room 620 Columbus, Ohio 43215 (614)
469-5582 (614) 469-6791 FAX OSHA On-site Consultation Program -
Programs and services available in Ohio Ohio SHRM
Slide 41
How do I protect my employees? Health & Safety Resources:
U.S. Department of Health and Human Services http://www.hhs.gov
U.S. Environmental Protection Agency http://www.epa.gov Federal
Emergency Management Agency http://www.fema.gov Job Accommodation
Network http://janweb.icdi.wvu.edu The National Institute for
Occupational Safety and Health (NIOSH) http://www.cdc.gov/niosh
Ohio SHRM
Slide 42
How do I keep from being sued? Performance Appraisal Objectives
Delivering Feedback Positive Constructive Rating methods Global
ratings: A one-dimensional rating that uses a rater's overall
estimate of performance without distinguishing between critical job
dimensions (poor, fair, good, excellent). Trait-based scales: A
multidimensional (or graphic) approach used to measure performance.
Some commonly used traits are: loyalty, dependability, cooperation,
initiative, and self- confidence. Effectiveness-based systems: A
system based on "objective" results, representing the measurement
of an employee's contribution, not an employee's activities or
behaviors. Management by Objectives (MBO) is a popular example of
this kind of performance appraisal format. Common Errors Peer
Review Process Reward & Recognition Ohio SHRM
Slide 43
How do I keep from being sued? Ohio SHRM Disciplinary Problems
Disciplinary Action Progressive Discipline & Documentation
Termination Process & Pitfalls
Slide 44
How do I keep from being sued? Employment at Will: Both
employee and employer are free to leave employment relationship at
any time & for any reason Good Bad No reason Note: can not
terminate employee for an illegal reason Link to ODU project USERRA
exception to Employment At Will Ohio SHRM
Conducting Balanced Investigations Ohio SHRM Identify
Investigation Goals Determine Questions to Ask Investigate
Complaint Complete Investigation Which Company policies &
procedures apply to this situation? Does situation impact
organizations mission and/or vision?
Slide 47
Conducting Balanced Investigations Ohio SHRM Identify
Investigation Goals Determine Questions to Ask Investigate
Complaint Complete Investigation What happened? Who was directly
involved? Are there witnesses? Is there any documentation?
Slide 48
Conducting Balanced Investigations Ohio SHRM Identify
Investigation Goals Determine Questions to Ask Investigate
Complaint Complete Investigation Is immediate action needed to
attend to a safety issue? Select an investigator. Interview people
directly involved along with any witnesses. Keep notes of
investigation process.
Slide 49
Conducting Balanced Investigations Ohio SHRM Identify
Investigation Goals Determine Questions to Ask Investigate
Complaint Complete Investigation Is any corrective action
necessary? Inform complainant of results. Document steps taken
during investigation. Do results of investigation point to changes
in process or policy that need to be changed or updated?
Slide 50
How do I keep from being sued? Ensure consistency in words
& actions as much as possible: If its in your company handbook,
then enforce it for all If enforce a policy in one way for one
person, enforce consistently for all Ohio SHRM
Slide 51
How do I keep from being sued? Ohio SHRM Document
Slide 52
How do I keep from being sued? Legal Resources: Ohio House of
Representatives: http://www.house.state.oh.us Ohio Senate:
http://www.ohiosenate.govhttp://www.ohiosenate.gov Supreme Court of
Ohio & Judicial System: http://www.sconet.state.oh.us U.S.
House of Representatives: http://www.house.govhttp://www.house.gov
U.S. Senate: http://www.senate.govhttp://www.senate.gov U.S.
Supreme Court:
http://www.supremecourtus.govhttp://www.supremecourtus.gov Ohio
SHRM
Slide 53
How do I fire my employees ? Can I fire my employees ? Remember
Employment at Will either the employer or the employee is free to
end the employment relationship at any time With or without notice
With or without cause Ohio SHRM
Slide 54
How do I fire my employees ? Your ability to terminate an
employee with the least amount of stress depends on how
consistently you Follow your policies and procedures Utilize a
Progressive Discipline process Ohio SHRM
Slide 55
How do I fire my employees ? Ohio SHRM Decide RIF Restructure
Poor Performance Communicate Stay calm & respectful Have facts
in order Be firm, clear & direct Have final check ready
Post-Meeting Assist in gathering personal items Gather all company
property Turn off all accounts
Slide 56
How do I fire my employees ? Resources: Top 10 Firing Mistakes
article Top 10 Firing Mistakes Employee Termination from an IT
Perspective - article Employee Termination from an IT Perspective
Ohio SHRM
Slide 57
How do I retain my employees? What is Orientation? Difference
between orientation and probationary period General Departmental
Onboarding Ohio SHRM
Slide 58
How do I retain my employees? Training versus Development:
Training provide knowledge, skills & abilities to support a
specific task Development ongoing learning to prepare for future
position while increasing employees ability to perform in current
job E.g. mentoring, dual career paths, coaching Organizational
Development enhance effectiveness of organization & well being
of employees; may include: System change Succession planning
Diversity programs Ohio SHRM
Slide 59
How do I retain my employees? How adults learn Differences in
generational needs/responses Adult Learning Theory - article Adult
Learning Theory ADDIE Model Assess needs Design program Develop
program Implement program Evaluation Delivery Methods Off-the-job
Training learning which takes place away from worksite Classroom
E-learning On-the-job Training supervisor trains employee in the
actual work site Just in Time Training learning provided
immediately prior to its use Ohio SHRM
Slide 60
Learning & Development Resources American Society for
Training & Development (ASTD) http://www.astd.org Free
Management Library http://www.managementhelp.org International
Society for Performance Improvement (ISPI) http://www.ispi.org
Organization Development Network http://www.odnetwork.org Ohio
SHRM
Slide 61
How do I retain my employees? Motivate employees to reach
business & professional development goals Clearing Up Common
Myths About Employee Motivation article Clearing Up Common Myths
About Employee Motivation Recognize employees for a job well done 5
Tips for Effective Employee Recognition article 5 Tips for
Effective Employee Recognition Reward employees for team,
department, and company success 25 Ways to Reward Employees Without
Spending a Dime article 25 Ways to Reward Employees Without
Spending a Dime Ohio SHRM
Slide 62
Hiring an HR Consultant Check for certification PHR, SPHR Check
for references Check for areas of expertise Look for merging of
personality style and company culture Review cost benefit analysis
Check local SHRM chapter for recommendations or free/low cost
seminars Ohio SHRM
Slide 63
Many thanks to Dr. Maria Moore & the Fall 2009 students of
Ohio Dominican Universitys Business & Employment Law class for
their contributions to the laws ®ulations: Andrew Backoff
John M. Bowron, Ryan W. Burton Chase A. Carris Lasha N. Carson
Jennifer A. Carter Jayna J. Chandler Christopher D. Curry Edward J.
Deluca Antonio R. Diaz Michael A. Dicarlantonio Christopher R.
Feller Liam L. Fitzgerald Kyle M. Gore Ohio SHRM Ashley N. Hanners
Brigitte L. Haskins Florence Hudo Christian A. Irskens Manju B.
Jabbie Ebony L. Johnson Brett A. Lacko Kofi Mamphey Timothy J.
Martin Jason M. McCurdy Patrick M. McGrath Robert P. McMahan Steven
D. Messer Matthew D. Miller Jared M. Parks Sarah R. Perkins Joseph
A. Pissocra Maria L. Staton Eric M. St John Paul R. Szymanski
Latoya R. Terry Narcissa M. Turner Ryan J. Vonderbrink Eric S.
Walker Danielle J. Weekley Joseph B. Woodring