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HR Basics: What do I Really Need to KNOW


PTLA Annual Conference. Key Employment Laws. Fair Labor Standards Act (FLSA) ... PTLA Annual Conference. Occupational Safety & Health Act ... – PowerPoint PPT presentation

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Title: HR Basics: What do I Really Need to KNOW

HR Basics What do I Really Need to KNOW?
  • Presented by Ed Krow, SPHR, CHCM, Beard Miller
    Company LLP

Well Cover
  • Basic HR Practices
  • Key Employment Laws
  • Workplace Violence

Basic HR Practices
  • Employee Files
  • Employee Handbooks
  • Performance Reviews

Employee Files
  • Job description
  • Application/resume
  • Offer letter
  • W-4
  • Employee handbook receipt
  • Performance evaluations
  • Employee benefit forms
  • Complaints/ compliments/awards
  • Disciplinary actions
  • Attendance notes

File Confidentiality
  • Keep files locked!
  • Keep medical information separate.
  • Control access by employees
  • In PA employees do NOT have the right to copy or
    remove info from the file.
  • In PA you may limit access to once per year.

Employee Handbooks
  • Advantages
  • Everyone gets the same info
  • Some measure of legal protection
  • Reduced anxiety employees know the rules and how
    to address problems
  • Warning in PA, be sure to refer to
    employment-at-will doctrine!

Handbook Contents
  • Introduction Business History/Philosophy
  • Working Hours
  • Pay Salaries
  • Benefits
  • Drug Alcohol Abuse
  • Sexual / Unlawful Harassment
  • Attendance
  • Discipline
  • Employee Safety
  • Smoking
  • Complaints
  • Workplace Civility
  • Appearance Guidelines
  • Many others!

Performance Reviews
  • Benefits
  • Provides credible history of performance
  • Helps employees improve performance
  • May protect against false claims

Review Process
  • Give a balanced picture of employees strengths
    and weaknesses. Be specific!
  • Indicate areas where employee must improve and
    the timetable
  • Allow employee time to comment
  • Set goals for the coming year

Key Employment Laws
  • Fair Labor Standards Act (FLSA)
  • Family Medical Leave Act (FMLA)
  • Occupational Safety Health Act (OSHA)
  • Title VII (the granddaddy!)
  • Americans with Disabilities Act (ADA)
  • National Labor Relations Act (NLRA)

Fair Labor Standards Act
  • Passed in 1938, your business is covered if you
    have more than 500,000 in total sales.
  • Only covers EMPLOYEES
  • Outlines process for overtime pay, minimum wage,
    equal pay for equal work, child labor, pay

FLSA Example
  • You agree to pay a non-exempt employee a salary
    of 400 per week. If the employee works 50
    hours, the regular rate is 8 (400/50 hours).
    So, in addition to the salary, you must pay 4
    (1/2 the regular rate) for each of the ten OT
    hours a total of 440.

Family Medical Leave Act
  • Passed in 1993, your business is covered of you
    have 50 or more employees within a 75 mile
  • Provides up to 12 weeks unpaid leave for certain
    family and medical reasons.
  • Employees must have worked for the business for
    at least 12 months and worked a minimum of 1,250
    hours in the last 12 months.

FMLA Example
  • Sue works for ABC, Inc. as a manager of 10
    employees. She suffers from a major depressive
    episode which will require therapy for 6 months,
    3x per week. ABC must grant Sues request for a
    reduced leave schedule to permit her to get
    treatment. The company also transfers her
    temporarily to a position in which her absences
    will be less disruptive to the company.

Occupational Safety Health Act
  • Passed in 1970, your business is covered if your
    business effects interstate commerce or has at
    least 10 employees.
  • States that businesses must provide a place of
    employment that is free from recognized hazards
    that are causing, or are likely to cause death or
    serious physical harm to employees.
  • Good practice to have written safety policies

OSHA Example
  • Joe, a driver for Speedy Delivery Service hears
    that the brakes locked on one of the vans earlier
    that day. His supervisor orders him to use that
    van for a delivery. He refuses and is fired.
    Joe sues and wins. Based on the information he
    had, even if the brakes were OK, Joe had a
    reasonable reason to believe he would be injured
    if he drove the van.

Title VII The Granddaddy!
  • Passed in 1964, your business is covered if you
    employ 15 or more people either FT or PT.
  • Prohibits discrimination on the basis of race,
    color, religion, gender or national origin
  • Applies to hires, promotions, terminations,
    raises, benefits, work assignments, leaves of
    absence, training, etc.

Title VII, cont.
  • Retaliation for filing a complaint is illegal
  • Sexual harassment also covered
  • Your business can be held responsible if
    management knew, or should have known, that
    harassment was occurring
  • Age discrimination applies to organizations with
    20 or more employees.

When Its OK to Discriminate!
  • A religious organization employs counselors who
    answer telephone inquiries from those interested
    in becoming members of that religion. The
    organization can require that the counselors are
    members of that denomination.
  • A department store hires young women to model
    clothing for teenage girls. Being a woman under
    20 is a bona fide qualification.

Americans with Disabilities Act
  • Passed in 1990, your business is covered if you
    have 15 or more employees working for you for 20
    or more weeks during the current calendar year.
  • Protects qualified individuals with
    disabilities from job discrimination
  • Only applies to physical and mental impairments
    that substantially limit a major life activity OR
    are regarded as being impaired or have a record
    of impairment!

Reasonable Accommodations under the ADA
  • Job application, job performance, access to
  • Undue hardship
  • Net cost of accommodation
  • Size of business and its financial resources
  • Impact of the accommodation on operations

ADA Example
  • Pam cant read because she has dyslexia, Stew
    cant read because he dropped out of school. Pam
    has an impairment under ADA, Stew does not.
  • Natalie is fired because of a false rumor that
    she has HIV. She has no impairment, but is being
    treated as if she does. Therefore her firing is
    covered under the ADA.

Workplace Violence
  • A rising concern today. 85 of all incidents had
    clear warning signs!
  • How to prevent
  • Develop a policy
  • Educate employees
  • Develop employment procedures
  • Establish an EAP
  • Plan the post-incident response

WV Demographics
"The average workplace murderer is likely to be
unmarried, male and on the job at least 4 years.
He has a grudge and knows exactly whom he wants
to kill. Larry Hansel, for example, carried a
12-gauge shotgun to shoot co-workers in San
Diego. He says he would do it again."-- The Mind
of a Killer (article in USA Today - July 15, 2004
Thank You!
  • For more information contact
  • Ed Krow, SPHR, CHCM
  • 717-393-5696
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