Intro to Human Resources Regulatory Concepts
Presented by Colleen Kilroy, PHR, SHRM-CP, MBA
Course Outline
Top 10 HR Regulations
1. Anti-Discrimination Laws (x5)
2. Leave Laws (x2)
3. The Three Compliance Giants
(x3)
Section 1: Regulatory Compliance
 Managing people means acknowledging their legal
rights
 Stay informed!
navigate your way
through the
ever-changing river
of legal regulation.
#10: Anti-Discrimination Title IIV
Name: Title VII of the Civil Rights Act of 1964
Overview: Prohibits discrimination in hiring, firing
or pay decisions based on a person's race, religion,
sex, or national origin. It also prohibits sexual
harassment.
Threshold: 15 or more employees
Authority: Equal Employment Opportunity
Commission (EEOC)
#9: Disability Discrimination ADA
Name: Americans with Disabilities Act (ADA or
ADAAA)
Overview: Prohibits job discrimination against
qualified people with disabilities who can do the job
with or without reasonable accommodation.
Threshold: 15 or more employees
Authority: EEOC
#8: Gender Pay Inequality
Name: Equal Pay Act (EPA)
Overview: Employers can't pay female employees
less than male employees for equal work on jobs that
require equal skill, effort and responsibility.
Threshold: 20 or more employees
Authority: EEOC
#7: Age Discrimination
Name: Age Discrimination in Employment Act of
1967 (ADEA)
Overview: Employers can't discriminate in any way
against applicants or employees older than 40 because of
their age.
Threshold: 20 or more employees (unless in Public
Sector)
Authority: EEOC
#6: Pregnancy Discrimination
Name: Pregnancy Discrimination Act (PDA) of 1978
Overview: Prohibits job discrimination on the basis of
pregnancy, childbirth and related medical conditions.
Threshold: 15 or more employees
Authority: EEOC
#5: Family/Medical Leave
Name: Family and Medical Leave Act (FMLA)
Overview: Says eligible employees can take up to 12
weeks per year of unpaid, job-protected time off for the
birth of a child or adoption of a child or to care for
themselves or a sick dependent, spouse, or parent who
has a "serious" health condition.
Threshold: 50 or more employees
Authority: Department of Labor (DOL)
#5: Family/Medical Leave (cont)
Serious Health Condition Triggers: Out more
than 3 days, continuation of or multiple treatments,
incapacity, chronic conditions, permanent/longterm conditions, birth of child
What is NOT covered: cold, flu, ear aches, cosmetic
treatments, upset stomach, minor ulcers, headaches
(barring migraines), routing dental/orthodontia
problems…
#4: Military Leave
Name: USERRA: Uniformed Services Employment and
Reemployment Rights Act of 1994
Overview: Prohibits discrimination against employees who
volunteer or are called to military duty. When reservists
return from active duty tours of less than five years, you must
reemploy them to their old jobs or to equal jobs.
Threshold: ALL EMPLOYERS!
Authority: DOL
#3: Immigration
Name: The Immigration Reform and Control Act
(IRCA)
Overview: It is illegal for employers to hire and
employ illegal aliens in the United States. Form I-9
is required for every employee.
Threshold: ALL EMPLOYERS!
Authority: U.S. Citizenship and Immigration Services
(USCIS)
#3: Immigration (cont)
Form I-9 tips!
1. Find the most recent version of the I-9
2. Starting now, complete an I-9 for each employee hired past
1986.
3. Get clear on columns A, B, and C
4. Complete an audit of I-9 forms and note errors and missing
forms.
5. Follow the three day rule
6. Verify ORIGINAL documents only
7. Be consistent in your documentation collection
8. Provide employees information, not “directions”
9. Follow record-keeping requirements- note E-verify process
10. Reverify and research (rehires and expired visa)
#2: Workplace Safety
Name: The Occupational Safety & Health Act
(OSHA)
Overview: Employers must run a business free from
recognized hazards
Threshold: ALL EMPLOYERS!
Authority: DOL (the occupational safety and health
administration)
#2: Workplace Safety (cont)
Safety Compliance Tips
1.
2.
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10.
Identify your industry
Start compiling your written plan
Locate governing or expert authorities for assistance
Complete a hazard assessment
Take action to correct hazards
Check your state’s worker’s compensation requirements
OSHA log record keeping and reporting
Talk to employees
Investigate accidents
Utilize free small business resource on OSHA’s site
#1: Wage and Labor
Name: Fair Labor Standards Act (FLSA)
Overview: Establishes minimum wage, overtime pay,
recordkeeping, and youth employment, and other labor
standards affecting employees in the private sector and
in Federal, State, and local governments.
Threshold: ALL EMPLOYERS!
Authority: DOL
#1: Wage and Labor (cont)
Colleen’s Quick Tips
Audit your workforce infrastructure: Contractor vs
Employee
2. Determine overtime eligibility: Exempt vs Non-Exempt
3. Develop consistent payroll practices surrounding time
tracking, recordkeeping ,and overtime.
4. Make these policies known to the employee
5. Audit your minimum wage standards at the state level
1.
#1: Wage and Labor (cont)
Colleen’s Quick Tips
6. Know your meal break rules – varies by state
7. Get a grip on what “time worked” is and be consistent
8. Calculate overtime the FLSA way- don’t forget to
include total compensation in your calculation
9. Be careful in wage deductions
10. Don’t discount travel time
#1: Wage and Labor
Name: Fair Labor Standards Act (FLSA)
Overview: Establishes minimum wage, overtime pay,
recordkeeping, and youth employment, and other labor
standards affecting employees in the private sector and
in Federal, State, and local governments.
Threshold: ALL EMPLOYERS!
Authority: DOL
Course Recap
1. Anti-Discrimination Laws (x5)
2. Leave Laws (x2)
3. The three compliance giants
(x3)
 Colleen’s Quick Tips
Conclusion
Always check state regulations
When in doubt, consult with a
legal council
See you soon!