Employment law and compliance concerns the legal framework within which organizations must operate. Laws and regulations exist covering a wide range of human resource practices, including recruiting, hiring, performance appraisal, compensation, health and safety, and labor relations.
In addition, employee lawsuits have increased by 400% over the last twenty years and the sobering facts are that the average claim takes ten months to resolve with an average of $160,000 in defense settlement costs, which doesn’t even include legal fees. Small businesses are not immune; in fact, most small business owners aren’t even aware that they’ve broken the law.
Furthermore, almost 50% of all employment cases have retaliation attached to the original discrimination or harassment charge. Retaliation costs include lost pay and benefits, pain and suffering, punitive damages, and the employee’s legal fees as well as your own.
Did you know that it is unlawful to maintain employee personal and health information in employee files?
Something as simple as missing employment posters can result in $1000’s in fines.
Scary? You can avoid the fear, uncertainty, and doubt of possible fines and litigation by bringing your business into compliance.
Some of the federal laws you need to comply with are:
- IRCA – IMMIGRATION Reform Control Act
- FLSA – Federal Labor Standards Act
- Title VII – Civil Rights Act of 1964
- EPA – Equal Pay Act of 1963
- ADEA – Age Discrimination in Employment Act
- ADA – Americans with Disabilities Act
- GENA – Genetic Information Nondiscrimination Act
- Civil Rights Act of 1991
- USERRA – Uniformed Services Employment and Reemployment Act
In addition, individual state laws are constantly changing. HRCoastal keeps an eye on the changes to federal state laws on a monthly basis, so that you don’t have to worry. We also watch circuit court cases and alert you to changes in the interpretation of the law.
Call HRCoastal at 843-258-8489.
Do you have a written policy prohibiting all types of harassment, including sexual harassment? To protect your company, you not only need a sexual harassment policy prohibiting harassment, but you also need a written reporting process so that employees know how to report harassing behavior.
If you need help developing the policy or making sure that your existing policy is compliant, call HRCoastal at 843-258-8489.
Did you know that it is against the law to keep PHI in an employee file? If you need a file audit, call HRCoastal at 843-258-8489.
Health, and Safety
As an employer, you have a responsibility to prevent workplace injuries and illnesses and comply with the Occupational Safety and Health Act (OSHA).
Basic workplace safety considerations such as emergency action plans, exit routes, safe walking and working surfaces, and medical and first aid supplies (appropriate for the specific workplace). It is a best practice to comunicate policies on the safe use of equipment and vehicles, handling of materials, wearing of safety apparel, etc.
You are also required to keep Safety Data Sheets on all hazardous materials. You might not think of some materials used in everyday work are dangerous, but basic items like ink correction liquid and disinfectant spray are considered hazardous materials and require an SDS.
If you’re not sure what to do about OSHA requirements or how to put together a complete binder of your Safety Data Sheets, call HRCoastal at 843-258-8489.