Networking Activity:
HR Laws & Regulations
 Goal: develop a basic familiarity with HR laws and
regulations.
 The Activity:
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
1.
Ohio SHRM©
HR Makes a Difference
www.ohioshrm.org
• Ohio SHRM provides this information as a reference only.
• It is not to be construed as legal advice.
Ohio SHRM©
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©
HR Planning
Process
Mission
(What’s the goal)
Assess
Environment Scan
What went well
(External & Internal)
What to change
Forecast Supply &
Demand
Involve Others
What are you going to
need
Complete HR Inventory
Execute Plan
What have & where is
gap
Actions needed to
reduce gap
Ohio SHRM©
Project Planning Cycle
Conception
Team
Selection
Evaluation
Completion
Ohio SHRM©
Schedule&
Monitor
Strategic HR Resources
 The Human Resource Planning Society
 http://www.managementhelp.org
 HR.com - human resources community for knowledge,
expertise and resources
 http://www.hr.com
 APQC – membership needed to access most
benchmarking resources
 http://www.apqc.org
Ohio SHRM©
General Resources
 U.S. Department of Labor
 http://www.dol.gov
 U.S. Department of Labor Office of Compliance Assistance Policy – provides an
Employment Law Guide, summary of major laws, and materials in Spanish
 Bureau of Labor Statistics
 http://www.bls.gov
 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.
 http://thomas.loc.gov
 Internal Revenue Service
 http://www.irs.gov
Ohio SHRM©
General Resources – page 2
 State of Ohio
 http://ohio.gov
 SHRM – Society for Human Resources Management
 www.shrm.org
 _____ – local Human Resources association
Ohio SHRM©
General Resources – page 3
 SBA – U.S. Small Business Administration
 http://www.sba.gov/localresources/district/oh
 SCORE – Counselors to America’s Small Business (partner
with Small Business Administration)
 http://www.score.org
 Ohio SBDC (Small Business Development Center)
 http://sbdcfreeadvice.ning.com
 Business and Legal Reports – sign up for free ezines on
topics of Compensation, HR, and Safety
 http://www.blr.com
Ohio SHRM©
Labor Relations Resources
 Federal Mediation & Conciliation Service
 http://www.fmcs.gov
 LaborNet – directory of union organizations on the internet
 http://www.labornet.org/links/directory.html
 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.
 http://www.nlrb.gov
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
Employment
Documents
Interviews:
Screening &
In-depth
Preemployment
Testing
Links:
Background Checks (FBI website)
Employee Polygraph Protection Act
Ohio SHRM©
Candidate
Evaluation
Background
& Reference
Tests
Applicant
Communication
Illegal Interview Questions
Employers should not ask about any of the
following, because to not hire a candidate
because of any one of them is
discriminatory:
Race
Religion
Color
Sex
Age
Marital/family status
National origin
Birthplace
Disability
Additional Resource: What You Can Ask and What You Can’t
– Legal/Illegal Interview Questions from Michigan Tech
Ohio SHRM©
How do I hire my employees ?
New Hire Forms & Orientation

U.S. Citizenship & Immigration Services – source for “I-9 Employment Eligibility Verification” form

2010 W4

2010 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
E-mail
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 cd
 SHRM (Society for Human Resources Management) has a
variety of sample policies and toolkits available to members
 Here is a link to sample policies provided on
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)
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 display
 Ohio Civil Rights Commission Publications List – all
items available in English and Spanish
 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 1991
Occupational 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 Act
COBRA
Fair Credit Reporting Act
NLRA/NLRB and ways to
promote a non-union workplace
HIPPA
Drug Free Workplace Act
Social Security
Sarbanes Oxley
ADA Resources
 ADA Home page (Americans with Disabilities Act)
 http://www.ada.gov
 Resource & summary slides (ODU project link)
Ohio SHRM©
Civil Rights
 Federal site
 Regulations Enforced by the Office for Civil Rights –
summary from U.S. Department of Education
 Ohio Civil Rights Commission
 http://crc.ohio.gov
 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: http://www.eeoc.gov
 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.
 HIPAA Overview by Centers for Medicare and Medicaid
 ODU project link
Ohio SHRM©
Social Security Resources
 U.S. Social Security Administration – information for
employers:
 http://www.ssa.gov/employer1.htm
 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©
Diversity Resources
 Engaging Multiple Generations Among Your Workforce (article)
 National MultiCultural Institute - provider of services, knowledge, and
skills in the growing field of multiculturalism and diversity
 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
 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
 Native Links Sources - Native American website links and resources
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
 Compa-ratios – introduction
 Pay (or Salary) compression – definition
 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:
 http://www.worldatwork.org/waw/Content/issuetracker
/issue-tracker-541toolkit.jsp
 Wage and Hour Division (WHD): Compliance
Assistance - Fair Labor Standards Act (FLSA) –
includes links to articles & posters in 8 languages
 http://www.dol.gov/whd/flsa/index.htm
 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.
 http://www.onetcenter.org
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.
 http://www.ebri.org
Ohio SHRM©
How do I pay my employees ?
Benefit Resources:
 Employee Benefit Research Institute (EBRI)
 http://www.ebri.org
 International Foundation – Education, Benefits,
Compensation
 http://www.ifebp.org
 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:
 http://www.worldatwork.org/pub/selfaudit.pdf
 Work-Life and Human Capital Solutions – many free
resources
 http://www.wfcresources.com
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
 Violence in the Workplace
 FBI Resource: Workplace Violence - Issues in Response
 FBI Poster: Protect Your Workplace
 Emergency Response Planning
 OSHA website: Emergency Preparedness and Response
 Business Continuity and Recovery
 From Ready.gov website: “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 complete
 Main OSHA webpage:
 http://www.osha.gov
 In case of emergency call 800-321-OSHA
 Ohio is part of OSHA’s Region 5:
Regional Office
230 South Dearborn Street, Room 3244
Chicago, Illinois 60604
(312) 353-2220
(312) 353-7774 FAX
 Columbus Area Office
200 North High Street, Room 620
Columbus, Ohio 43215
(614) 469-5582
(614) 469-6791 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
 http://www.hhs.gov
 U.S. Environmental Protection Agency
 http://www.epa.gov
 Federal Emergency Management Agency
 http://www.fema.gov
 Job Accommodation Network
 http://janweb.icdi.wvu.edu
 The National Institute for Occupational Safety and Health (NIOSH)
 http://www.cdc.gov/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 selfconfidence.
 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?
• Disciplinary Problems
• Disciplinary Action
• Progressive Discipline & Documentation
• Termination Process & Pitfalls
Ohio SHRM©
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
Identify
Investigation
Goals
Determine
Questions to
Ask
Ohio SHRM©
Investigate
Complaint
Complete
Investigation
Conducting Balanced Investigations
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?
Ohio SHRM©
Conducting Balanced Investigations
Identify
Investigation
Goals
Determine
Questions to
Ask
Investigate
Complaint
Complete
Investigation
•What happened?
•Who was directly involved?
•Are there witnesses?
•Is there any documentation?
Ohio SHRM©
Conducting Balanced Investigations
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.
Ohio SHRM©
Conducting Balanced Investigations
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?
Ohio SHRM©
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?
Document
Document
Document
Ohio SHRM©
How do I keep from being sued?
Legal Resources:
 Ohio House of Representatives:
http://www.house.state.oh.us
 Ohio Senate: http://www.ohiosenate.gov
 Supreme Court of Ohio & Judicial System:
http://www.sconet.state.oh.us
 U.S. House of Representatives: http://www.house.gov
 U.S. Senate: http://www.senate.gov
 U.S. Supreme Court: http://www.supremecourtus.gov
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 ?
Decide
Communicate
Post-Meeting
• RIF
• Restructure
• Poor Performance
• Stay calm &
respectful
• Have facts in order
• Be firm, clear &
direct
• Have final check
ready
• Assist in gathering
personal items
• Gather all
company property
• Turn off all
accounts
Ohio SHRM©
How do I fire my employees ?
Resources:
 Top 10 Firing Mistakes – article
 Employee Termination from an IT Perspective - article
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
 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)
 http://www.astd.org
 Free Management Library
 http://www.managementhelp.org
 International Society for Performance Improvement (ISPI)
 http://www.ispi.org
 Organization Development Network
 http://www.odnetwork.org
Ohio SHRM©
How do I retain my employees?
 Motivate employees to reach business & professional
development goals
 Clearing Up Common Myths About Employee Motivation –
article
 Recognize employees for a job well done
 5 Tips for Effective Employee Recognition – article
 Reward employees for team, department, and company
success
 25 Ways to Reward Employees Without Spending a Dime –
article
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 &regulations:
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
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
Ohio SHRM©
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
www.ohioshrm.org
Ohio SHRM©