Archive for the ‘Employment Laws & Regulations’ Category

Defining the JSIA – What Employers Need to Know

October 14th, 2012

What is the JSIA?

The Jury Systems Improvement Act (JSIA) was established by Congress and protects employees against retaliation (by their employers) if they need to serve on a jury in federal court.

Under the Fair Labor Standards Act (FLSA), employees do not require payment for time not worked, including jury duty. This type of benefit is generally arranged between the employer and the employee. While the federal law does not require payment of any kind to the employee serving on a federal court’s jury, some individual state laws require employers to continue paying employees.

What About State Jury Duty?

As mentioned above, the JSIA only applies to federal jury service, not state jury service, but nearly every state has passed a similar law protecting employees who serve on a jury for a state court.

For example, here is a component of Kentucky’s JSIA Law: When an employee is called to serve on a jury, the employee should be granted time off in order to serve as long as the employee is considered to be a regular/full-time employee. Employees serving on a jury will also continue to accrue vacation time and disability leave time, and continue to receive benefits during the duration of jury service.

Employers unaware of or in violation of the Jury Systems Improvement Act (at the federal or state level) can fall victim to costly lawsuits.  Are you up to date on employment law? If you’re a company who operates within multiple states, are you aware of each state’s specific JSIA regulations? Probably not! After all, learning the specifics of each state is a full time job in itself!

PEO Support

As government regulatory rules regarding employment continue to escalate, many businesses rely on the expertise (and protection) of a Professional Employer Organization, especially businesses with multi-state locations!

PEOs are up to date on all employment laws, at both the state and federal level. In addition to payroll, HR administration, benefits, employee management and more, compliance is just one more reason to love the support of PEOs.

Ready for risk-free HR solutions that really work? Call 877-636-9525 or fill out an application today to learn more about PEOs!

Employment Law 101- What is SWDA?

July 11th, 2012

Welcome to Part 5 of our 5 part series on employment law. Are you equipped to manage compliance in-house? Did you already know about the laws that we addressed? Do they apply to your business? As a reminder, PEOs are up to date on ALL employment laws and regulations (both state and federal) and with a co-employment relationship comes peace of mind.  If you don’t want to memorize an endless list of everchanging regulations, or, you’re unsure about some of the specifics and how they apply to your business, the co-employment relationship may be for you!

Employment Law 101- What is SWDA?

Introduced in 1976, the SWDA (Solid Waste and Disposal Act) is one of the many laws that fall under OSHA (Occupational Safety and Health Act). This Act protects workers against retaliation in the event that they complain to fellow employees, unions, OSHA, or other government organizations about the unsafe or unsanitary conditions of their workplace.

The SWDA is also called the Resource Conservation and Recovery Act (RCRA) and provides technical and financial assistance for facilities that recover energy and other resources from discarded materials. It helps regulate the management of hazardous waste.  Under this Act, whistleblowers are protected from discrimination; they may not be transferred, denied a raise, be fired, or punished.

How a PEO Protects:

Regardless of what industry your company is in, employers are required by law to provide their employees with a safe work environment. Even one slip up or unsanitary working condition can be a violation of OSHA (Occupational Safety and Health Administration) standards.

So how does an employer stay up to date with all of the requirements under the OSHA standards AND keep their employees safe?  The answer is simple: hire cost-effective and highly knowledgeable professionals—people that do this all the time! Many professional employer organizations (PEOs) allow you to outsource the OSHA compliance issues AND liabilities.

PEOs are familiar with the specific OSHA standards, and are great at communicating, reducing risk, and staying up to date with compliance. They can even perform inspections to make sure business is being conducted safely at all times.

Congratulations!  You’ve made it through 5 weeks of Employment Law 101. Compliance can quickly become a full time job, especially when you are responsible for numerous employees. To learn more about qualified PEOs in your area that can help offload stress and ensure workplace compliance, contact us.

Employment Law 101 – What is WARN?

July 9th, 2012

PEOs are up to date on ALL employment laws and regulations (both state and federal) and with a co-employment relationship comes peace of mind since the client and the PEO contractually share employer responsibilities and liabilities.  Join us for our 5 part series, as we dive deeper into employment law – Are you equipped to manage compliance in-house? Do you already know about the following laws? Do they apply to your business?

Employment Law 101 – What is WARN?

Introduced to protect workers and their communities, WARN (Worker Adjustment and Retraining Notification Act) requires that employers with 100 or more employees provide a 60-day calendar notification in advance of a mass layoff or plant closing.

WARN covers not only full-time employees, managers and supervisors, but also hourly workers. WARN does not cover those who have worked less than six months in the past year, or those who work less than 20 hours per week though. WARN also does not cover federal, state and local government entities that provide public services.

Although WARN is administered at the federal level, some states have laws of their own when it comes to plant closures or mass layoffs.

How a PEO Can Help:

All laws aside, most employers would prefer to give advance notice to their workers so that their workers and their families have adequate transition time to seek and obtain other jobs. But, it isn’t always that easy. How do you tell your employees you’re closing in 60 days? What if they seek other employment starting today? What if they leave right now? You may still need to operate at full capacity over the next two months.

A PEO can make this dreaded process easier for you. They provide helpful tips and best practices when it comes to legally hiring and firing, employment regulations, and saving you the hassle of costly lawsuits. While the PEO themselves may be willing to manage this process depending on the details of your co-employment contract, at the very least they will provide access to HR experts to assist you in this process.

For guidance on selecting the right PEO for your organization, contact PEO Advantage. Thanks to our solid industry partnerships, we pass our relationships and volume discounts directly on to you.

Employment Law 101 – What is USERRA?

June 28th, 2012

PEOs are up to date on ALL employment laws and regulations (both state and federal) and with a co-employment relationship comes peace of mind since the client and the PEO contractually share employer responsibilities and liabilities.  Join us for our 5 part series, as we dive deeper into employment law – Are you equipped to manage compliance in-house? Do you already know about the following laws? Do they apply to your business?

What is USERRA?

USERRA, the Uniformed Services Employment and Reemployment Rights Act, prohibits employer discrimination based on military service or obligation. So, if a service member returns from a period of uniformed service, their reemployment rights are protected.

Through the Department of Labor and the Veterans’ Employment and Training Service, the USERRA Advisor helps Veterans understand their employee eligibility, job entitlements, employer obligations, benefits and more. Did you know that employers are required to provide all persons entitled to the rights and benefits of USERRA a notice of these rights, as well as benefits and obligations?

How a PEO Can Help Stay in Compliance:

As you may have noticed in these past few weeks of reviewing employment law and regulations, HR administration and employee management come with a laundry list of policies and liabilities – and unfortunately, mistakes are costly and can lead to lawsuits or claims.

In addition to managing more than 60 employment-related governmental regulations, PEOs assist clients with recruitment, and also improve communication for your employees. PEOs provide improved access to benefits information, personnel data, workers’ rights, and more – and are always sure to review which benefits apply to whom.

Do you currently employ Veterans? Are you in the midst of hiring? There is a PEO that’s the perfect fit for you, and will save you the hassle of having to stay up to date on all existing employment laws and regulations.

Call 877-636-9525 or contact us today to find the best Professional Employer Organization for you.

 

Employment Law 101 – What is the PCA?

June 21st, 2012

PEOs are up to date on ALL employment laws and regulations (both state and federal) and with a co-employment relationship comes peace of mind since the client and the PEO contractually share employer responsibilities and liabilities.  Join us for our 5 part series, as we dive deeper into employment law – Are you equipped to manage compliance in-house? Do you already know about the following laws? Do they apply to your business?

What is the PCA?

PCA (also known as the Walsh-Healey Public Contracts Act) is enforced by the Employment Standards Administration’s Wage and Hour Division within the US Department of Labor.  The Act requires contractors engaged in the manufacturing of materials, supplies, or equipment for the United States to pay the federal minimum wage to employees who produce, assemble, handle, or ship these items (under contracts that exceed $10,000). Employees must receive minimum wage for all hours worked and time and a half of their regular pay for every hour worked beyond 40 hours per workweek.

How a PEO Can Make Life Easier:

As mentioned before, PEOs share employer liabilities through the co-employment relationship, and they also file and track claims to makes sure claims are legitimate. More importantly, as it relates to this particular Act and compliance, PEOs utilize specialized technology to streamline your employees’ payroll, hours and management of personnel data. As experts in risk management and compliance surrounding payroll, PEOs can prevent problems before they ever arise.

Remember, this is just 1 of more than 60 employment-related governmental regulations; compliance alone can easily become a full time job. Ready for risk-free HR solutions that save you time, money and headaches? How about just peace of mind knowing your employees’ hours are managed accurately?

Call 877-636-9525 or contact us online today for more information on how a PEO can benefit your business.

Employment Law 101 – What is BLBA?

June 15th, 2012

Just last week we reviewed Employment Laws & Regulations and the many headaches that come along with managing compliance alongside owning and operating your own business.

PEOs are up to date on ALL employment laws and regulations (both state and federal) and with a co-employment relationship comes peace of mind since the client and the PEO contractually share employer responsibilities and liabilities.  Join us for our 5 part series, as we dive deeper into employment law – Are you equipped to manage compliance in-house? Do you already know about the following laws? Do they apply to your business?

What is BLBA?

Published by the Department of Labor in the year 2000, The Black Lung Benefits Act (BLBA) provides monthly payments and medical benefits to coal miners disabled from black lung disease due to their high risk employment in or around our nation’s coal mines.

The BLBA also provides monthly benefits to a miner’s dependents, in the event that black lung disease contributes to the death of a miner. Surviving dependents include spouses, orphaned children, adult disabled children and fully dependent siblings or parents.

How a PEO Makes Compliance Easier:

Naturally this Act does not apply to every type of business, but if you are in a high-risk industry, such as coal mining, this is one area of compliance that is not to be taken lightly.  Present and former coal miners can file claims in addition to certain transportation workers and even construction workers who have been exposed to coal mine dust at any point in time.

Not only do PEOs share employer liabilities through the co-employment relationship, but they also file and track claims, makes sure claims are legit, manage safety reviews and OSHA compliance and offload time-consuming documentation and reporting activities. They work on your behalf to make sure your employees are as safe as possible while reducing your overall risk.

Remember, this is just 1 of more than 60 employment-related governmental regulations; compliance can easily become a full time job. Too much for you? Ready for risk-free HR solutions that really work? Call 877-636-9525 or fill out an application today.

Employment Laws & Regulations – What a Headache!

June 5th, 2012

In the early 1900’s, American business owners only had to worry about two employment laws and regulations when it came to owning and operating a business: Case Law and Common Law. By 1940, we had 10 employment laws and regulations to worry about. Today, an ever-increasing number!

employment laws and regulations

PEOs provide the American business owner with tremendous value, but if we could give them a gold star for any of the crucial roles they play, it would be their efforts of aiding companies in the management of employment law and regulation.

Is your internal HR department capable of managing the following? Do you currently know what all of these employment laws and regulations are?  Do they all apply to you?

  • Age Discrimination in Employment Act
  • Americans with Disabilities Act
  • Case Law
  • Civil Rights Acts
  • Common Law
  • COBRA
  • Davis-Bacon Act
  • Employee Retirement Income Security Act
  • Equal Pay Act
  • Fair Labor Standards Act
  • Family Medical Leave Act
  • Federal Bankruptcy Code (Wages due within 90 days of filing are priority claim)
  • Immigration and Reform Control Act
  • Job Training Partnership Act – Job Training Programs
  • Labor Management Relations Act
  • National Labor Relations Act
  • Occupational Safety and Health Act
  • Portal to Portal Act
  • Service Contract Act
  • Social Security Act
  • Unemployment Tax Act
  • Veterans’ Reemployment Rights
  • Wagner-Peyser Act
  • Worker Adjustment and Retraining Act Plant Closure Law
  • …….And MORE!

Not to mention, these are only SOME of the existing Federal Laws … State laws and regulations vary depending on your business’ location.  With more than 60 employment-related governmental regulations, compliance alone is a full-time job.

Fortunately for you, PEOs are up to date on ALL employment laws – Both State and Federal. PEOs give businesses peace of mind through a co-employment arrangement, where you and the PEO contractually share employer responsibilities and liabilities. And, PEOs rid businesses of many existing or potential headaches!

You can easily join the thousands of business owners like you who choose to hire a Professional Employer Organization to save themselves time, money and even headaches.  Your PEO benefits are waiting. Call 877-636-9525 or contact us today to find the best PEO option for your business.