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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©
HR Makes a Difference Ohio SHRM© Ohio SHRM provides this information as a reference only. It is not to be construed as legal advice. Customization Point – add name, logo, & web address of local HR association
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©
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©
HR Roles Operational Administrative Generalist vs. Specialist Strategic HR Strategy Business Strategy Ohio SHRM©
Mission (What’s 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©
Project Planning Cycle Ohio SHRM© Conception Team Selection Schedule& Monitor CompletionEvaluation
Strategic HR Resources The Human Resource Planning Society HR.com - human resources community for knowledge, expertise and resources APQC – membership needed to access most benchmarking resources Ohio SHRM© Reminder to Facilitator: prior to presentation check that hyperlinks on all slides still function correctly.
General Resources U.S. Department of Labor 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 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. Internal Revenue Service Ohio SHRM©
General Resources – page 2 State of Ohio SHRM – Society for Human Resources Management SHRM _____ – local Human Resources association Ohio SHRM© Customization Point – add name & web address of local HR association
General Resources – page 3 SBA – U.S. Small Business Administration SCORE – Counselors to America’s Small Business (partner with Small Business Administration) Ohio SBDC (Small Business Development Center) Business and Legal Reports – sign up for free ezines on topics of Compensation, HR, and Safety Ohio SHRM©
Labor Relations Resources Federal Mediation & Conciliation Service LaborNet – directory of union organizations on the internet 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 Ohio SHRM©
How do I hire my employees ? What recruiting sources have you used in the past? Ohio SHRM©
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
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 Can’t – Legal/Illegal Interview Questions from Michigan Tech What You Can Ask and What You Can’t – Legal/Illegal Interview Questions
How do I hire my employees ? New Hire Forms & Orientation U.S. Citizenship & Immigration Services – source for “I-9 Employment Eligibility Verification” form“I-9 Employment Eligibility Verification” 2010 W 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©
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 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 company’s culture. May include: Mentor or buddy program Work resources & tools Ohio SHRM©
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©
The Basic Company Handbook Communicates company’s procedures and policies May provide overview of organization’s 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©
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©
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©
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 Worker’s 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©
ADA Resources ADA Home page (Americans with Disabilities Act) Resource & summary slides (ODU project link) Resource & summary slides Ohio SHRM©
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 ODU project link Ohio SHRM©
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: 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©
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©
Social Security Resources U.S. Social Security Administration – information for employers: ODU project link Ohio SHRM©
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
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©
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©
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©
FLSA - Resources World at Work FLSA Implementation Toolkit: /issue-tracker-541toolkit.jsp /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) ODU project link Ohio SHRM©
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. Ohio SHRM©
How do I pay my employees ? FAQs About Benefits—General 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. Ohio SHRM©
How do I pay my employees ? Benefit Resources: Employee Benefit Research Institute (EBRI) International Foundation – Education, Benefits, Compensation Ohio Department of Insurance Ohio SHRM©
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 company’s 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: Work-Life and Human Capital Solutions – many free resources Ohio SHRM©
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©
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 Business”“Plan to Stay in Business” Ohio SHRM©
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©
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: In case of emergency call OSHA Ohio is part of OSHA’s Region 5: Regional Office 230 South Dearborn Street, Room 3244 Chicago, Illinois (312) (312) FAX Columbus Area Office 200 North High Street, Room 620 Columbus, Ohio (614) (614) FAX OSHA On-site Consultation Program - Programs and services available in Ohio Ohio SHRM©
How do I protect my employees? Health & Safety Resources: U.S. Department of Health and Human Services U.S. Environmental Protection Agency Federal Emergency Management Agency Job Accommodation Network The National Institute for Occupational Safety and Health (NIOSH) Ohio SHRM©
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©
How do I keep from being sued? Ohio SHRM© Disciplinary Problems Disciplinary Action Progressive Discipline & Documentation Termination Process & Pitfalls
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
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 organization’s mission and/or vision?
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?
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.
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?
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©
How do I keep from being sued? Ohio SHRM© Document
How do I keep from being sued? Legal Resources: Ohio House of Representatives: Ohio Senate: Supreme Court of Ohio & Judicial System: U.S. House of Representatives: U.S. Senate: U.S. Supreme Court: Ohio SHRM©
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©
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©
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
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©
How do I retain my employees? What is Orientation? Difference between orientation and probationary period General Departmental Onboarding Ohio SHRM©
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 employee’s 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©
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©
Learning & Development Resources American Society for Training & Development (ASTD) Free Management Library International Society for Performance Improvement (ISPI) Organization Development Network Ohio SHRM©
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©
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©
Many thanks to Dr. Maria Moore & the Fall 2009 students of Ohio Dominican University’s 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
Questions Ohio SHRM©
Many thanks to Ohio SHRM Workforce Readiness Committee Rebecca Jeffries, MBA, SPHR Gail Reese, SPHR Lauren Rudman, PHR, MLRHR Bonnie Thompson Terri Vetter, SPHR Ohio SHRM©
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