Workplace Domain - US Laws and Regs Flashcards
workplace domain
what are the functional areas of workplace domain?
Managing a Global Workforce
Risk Management
Corporate Social Responsibility
U.S. Employment Law & Regulations.
workplace domain
what do hr pros need to do/know to be successful in their roles related to workplact domain functional areas?
need to know how to:
* manage a global workforce to achieve organizational objectives
- manage organizational risks and threats to the safety and security of employees
*contribute to the well-being and betterment of the community
- comply with applicable laws and regulations.
what are hr structures that support global work?
- immigration and mobility specialists
- geographic centers of excellence
- global job classifications
- international business travel policies
workplace knowledge domain
role and impact of immigration specialists
managing a global workforce
Applic**ation Assistance: Help clients complete and submit immigration paperwork accurately to avoid delays.
**
Consultations: Assess clients’ eligibility for various immigration programs and provide tailored advice.
Liaison with Agencies: Communicate with government agencies to track applications and resolve issues.
I**nterview Preparation: Prepare clients for interviews with immigration officials through mock interviews and advice.
Legal Analysis: Interpret immigration laws and policies to provide current and relevant advice.
Relocation Logistics: Manage logistics such as housing, schooling, and essential services for smooth transitions.
**Legal Representation: **Represent clients in immigration-related legal proceedings and advocate for favorable outcomes.
Professional Relationships: Maintain relationships with consulates and embassies to facilitate visa processing and stay updated on policy changes.
workplace knowledge domain
role and impact:
geographic centers of excellence
managing a global workforce
specialist domains of HR providing guidance on designing HR practices and processes based on business requirements in a global context
focus: program design
workplace knowledge domain
global job classifications
managing a global workforce
International Standard Classification of Occupations (ISCO); facilitates international communication and comparison of occupational data
workplace knowledge domain
international business travel policies
managing a global workforce
comprehensive roadmap, empowering employees and mitigating the challenges they might face on the road.
a strategic document that serves as the foundation for a safe, efficient, and cost-effective international business travel program. Here we outline the rules, procedures, and regulations that govern all aspects of employee travel outside of an organization’s home country.
(culture norms, insurance, prepare employees to mitigate risk so they can focus on business at hand)
Organizations by outlining clear procedures for emergencies, visa applications, and cultural awareness training, can send a powerful message that their employees’ well-being is a top priority. This not only boosts morale but also helps attract and retain top talent in an increasingly competitive global market.
https://blog.wegopro.com/corporate-travel-policy-for-international-busin
workplace knowledge domain
role of mobility specialists
managing a global workforce
A Global Mobility Specialist manages international employee relocations, handling logistics like visas, housing, and transportation.
They support employees and their families with cultural and language training
manage expatriate compensation, benefits, and tax compliance.
Their role ensures smooth transitions and compliance with legal requirements.
workplace knowledge domain
offshoring
managing a global workforce
methods for moving work
**Definition: **Moving business processes or services to a distant country.
Benefits: Cost savings, access to specialized skills, and 24/7 operations due to time zone differences.
Challenges: Potential language and cultural barriers, and less control over operations
workplace knowledge domain
nearshoring
managing a global workforce
Definition: Outsourcing tasks to a nearby country, often within the same or a similar time zone.
Benefits: Easier communication, cultural similarities, and reduced travel costs.
**Challenges: **Limited talent pool and potential competition for skilled professionals
workplace knowledge domain
Immigration Reform and Control Act of 1986 (IRCA)
US employment law and regulations
employment and authorization to work key concepts
law requring employees to provide identity and right to work in the country
created the Form I-9
workplace knowledge domain
what are the rentention requirements of Form I-9
US employment law and regulations
employment and authorization to work key concepts
If an employee worked for less than two years, retain their form for three years after the date you entered in the First Day of Employment field.
If they worked for more than two years, retain their form for one year after the date they stop working for you.
workplace knowledge domain
e-verify requirements
US employment law and regulations
employment and authorization to work key concepts
only enter an employee’s info into the system after completion of I-9; continue through onboarding process up to 3 days until they are verified in the system. e-verify must be used for remote I-9 completion
workplace knowledge domain
what is a visa
US employment law and regulations
employment and authorization to work key concepts
Temporary Authorization: A visa allows you to enter and stay in the U.S. for a specific period and purpose, such as tourism, study, or temporary work1
workplace knowledge domain
2 types of E nonimmigrant visas
US employment law and regulations
employment and authorization to work key concepts
E-1 Treaty traders
E-2 treaty investors
workplace knowledge domain
E-1 Treaty traders
(1 type of nonimmigrant visa)
US employment law and regulations
employment and authorization to work key concepts
**E-1 Treaty traders: **
* must be citizen of treaty coutnry
- substantial trade primarily w/treaty country;
- must have executive, essential or supervisory skills
- must intend to leave US when trading is completed
workplace knowledge domain
E-2 Treaty investors
(1 type of nonimmigrant visa)
US employment law and regulations
employment and authorization to work key concepts
- must be citizen of treaty country
- **substantially **invested personally in **bona fide **enterprise (not marginal)
- must have executive, essential, supervisory skills
- must direct and develop the enterprise
- must depart US when investment is concluded
workplace knowledge domain
What are H Visas and what types of H Visas are there?
US employment law and regulations
employment and authorization to work key concepts
available to employers and employees for specialized talent or educational requirements. Types are:
*** H1-B **Special occupations and fashion models
* H1-C RN working in health professional shortage area
- **H2-A **temporary agricultural workers
- **H2-B **temporary non-agricultural workers
- **H-3 **nonimmigrant trainee
workplace knowledge domain
H1-B Special occupations and fashion models
US employment law and regulations
employment and authorization to work key concepts
- bachelor’s or higher degree equivalent required
- job must be so complex that it can only be performed be a person with a degree
- employer normally requires a degree or its equivalent for the job
workplace knowledge domain
H1-C RN working in health professional shortage area
US employment law and regulations
employment and authorization to work key concepts
- full unrestricted nursing license required in country where nursing education was obtained
OR - received nursing education in US
- US state’s Board of Nursing authorization to practice in US
- must have passed exam by Commission on Graduates for Foreign Nursnig Schools (CGFNS) OR
- full/unrestricted license to practice as general nurse in state where you will work
workplace knowledge domain
H2-A temporary agricultural workers
US employment law and regulations
employment and authorization to work key concepts
- employer must show shortage of temporary seasonal work (skill, will, availability)
- employer must show that H-2A workers will not adversely affect wages/working conditions of similarly employed US workers
workplace knowledge domain
- **H2-B **temporary non-agricultural workers
US employment law and regulations
employment and authorization to work key concepts
employer must show shortage of temporary work (skill, will, availability)
employer must show that H-2B workers will not adversely affect wages/working conditions of similarly employed US workers
employer must show that need for worker is temporary, regardless if underlying job can be described as temporary
workplace knowledge domain
L1 Intra-company transferee
US employment law and regulations
employment and authorization to work key concepts
- org can move employee from another qualifying coutnry into US for temp assignment
- managerial or requires specialized knowledge
workplace knowledge domain
L1-A Managers and Executives
US employment law and regulations
employment and authorization to work key concepts
- intracompany transferees coming to US
- managerial or executive capacity
- max stay is 7 years
workplace knowledge domain
specialized knowledge visa
US employment law and regulations
employment and authorization to work key concepts
someone has expertise that is among small percentage who have risen to the top of their field
represent acheivement in motion pickture, tv productions
achievement in the arts
workplace knowledge domain
P Visa categories
(based on athletics or arts)
US employment law and regulations
employment and authorization to work key concepts
- P1-A individual athletes or athletic teams
- P1-B Entertainment groups
- P2 Artist or entertainer under reciprocal exchange program
- P2-S Essential Support for P2
- P3 Artist or entertainer under a culturally unique program
- P3-S Essential supoort for P3
workplace knowledge domain
EB employment-based visas
(5 levels that are processed in order of priority before the next level)
About 140k permitted each year
US employment law and regulations
employment and authorization to work key concepts
- EB-1 Alien of extraordinary ability
- EB-2 Alien of extraordinary ability
- EB-3 skilled workers
- EB-4 certain special immigrants
- EB-5 immigrant investors
workplace knowledge domain
EB-1 Alien of extraordinary ability (EA)
28.6% of employment based visas are allotted to this category
US employment law and regulations
employment and authorization to work key concepts
- employer must show that alien has EA in sciences, arts, eduation, business or athletics (inter/national acclaim, achievements recognized thru extensive documentation)
- ERs must show work to be done in US will continue individual’s area of EA
- must show that person’s entry into US will benefit US
workplace knowledge domain
EB-2 Alien of extraordinary ability
28.6% of employment based visas are allotted to this category
US employment law and regulations
employment and authorization to work key concepts
applies to any job that requires advanced degrees and EA
workplace knowledge domain
EB-3 skilled workers
28.6% of employment based visas are allotted to this category
US employment law and regulations
employment and authorization to work key concepts
professionals and skilled workers who are sponsored by employers in US
workplace knowledge domain
EB-4 certain special immigrants
7.1% of employment based visas are allotted to this category
US employment law and regulations
employment and authorization to work key concepts
- broadcasters
- ministers of religion
- employees or former employees of US govt
- Iraqi/Afghan interpreters and translators
- similar workers
workplace knowledge domain
O-1 Alien of EA in arts, science, education, business, athletics
US employment law and regulations
employment and authorization to work key concepts
level of expertise among a small percentage who have risen to the top of their field
represent EA in motion picture, tv or had EA and distinction in the arts
workplace knowledge domain
F-1 Student Visa
US employment law and regulations
employment and authorization to work key concepts
- You must be enrolled in an “academic” educational program, a language-training program, or a vocational program
- Your school must be approved by the Student and Exchange Visitors Program, Immigration & Customs Enforcement
- You must be enrolled as a full-time student at the institution
- You must be proficient in English or be enrolled in courses leading to English proficiency
- You must have sufficient funds available for self-support during the entire proposed course of study
- You must maintain a residence abroad which you have no intention of giving up.
https://www.uscis.gov/working-in-the-united-states/students-and-exchange
workplace knowledge domain
EB-5 immigrant investors
7.1% of employment based visas are allotted to this category
US employment law and regulations
employment and authorization to work key concepts
people who will create new commercial enterprises in US that will provide job creation
workplace knowledge domain
Diff between green card holder and US visa
US employment law and regulations
employment and authorization to work key concepts
green card holders/permanent resident have almost all US citizens’ rights and can work/live anywhere in US (but no right to vote or receive federal funding)
US visa holder isn’t authorized to work in US unless they have a specific type of work visa
workplace knowledge domain
green card info
US employment law and regulations
employment and authorization to work key concepts
- most valid for 10 years
- permanent resident card/alien registration card
- indicates lawful permanent resident status
- can apply to become a US citizen after 5 years of residency, or three years if married to a US citizen; applications can be submitted
- family basd immigration is most common way to obtain a green card (over 600k obtain one this way each year)
workplace knowledge domain
employment at will
US employment law and regulations
employment and authorization to work key concepts
all US except Montana
most countries allow employers to only dismiss for cause
At-will means that an employer can terminate an employee at any time for any reason, except an illegal one, or for no reason without incurring legal liability. Likewise, an employee is free to leave a job at any time for any or no reason with no adverse legal consequences.
workplace knowledge domain
deferred action for childhood arrivals policy (DACA)
US employment law and regulations
employment and authorization to work key concepts
temporarily delays the deportation of people without documentation who came to the U.S. as children.
https://www.usa.gov/daca
workplace knowledge domain
Davis-Bacon Act of 1931
US employment law and regulations
Compensation key concepts
- requires sub/contractors on certain federally funded or assisted construction projects over $2000 in US to pay wages and fringe benefits at least equal to those prevailing in local area where work is performed
- applies to laborers and mechanics
- allows trainees and apprentices to be paid less than predetermined rates under certain circumstances
workplace knowledge domain
Walsh-Healy Public Contracts Act of 1936
US employment law and regulations
compensation key concepts
- ensure govt paid fair wage to manufacturers and suppliers of goods for fed contracts more than 15k each
- OT pay for work done over 8 hours in a day or 40 hours in a week
- minimum wage equal to prevailing wage
- prohibits employment under age of 16 or convict
- defense authorization act (1968) later excluded federal contractors from OT payments in excess of 8 hours a day
workplace knowledge domain
Wage-Hour Bill (FLSA)
US employment law and regulations
compensation key concepts
overtime pay
exempt/non-exempt status
minimum wage
workplace knowledge domain
Wagner-Connery Wages and Hours Act (FLSA) and amendments
2020 overtime rule
US employment law and regulations
compensation key concepts
- commonly known as fair labor standards act
- established minimum wage, OT and child labor standards across US
- gives employees right to establish labor unions, conduct strikes, negotiate benefits, working conditions, comp
- must earn at least $684/week to be exempt and meet duties test
workplace knowledge domain
McNamara-O’Hara Service Contract Act of 1965
US employment law and regulations
compensation key concepts
- applies to federal sub/contractors
- requires payment of prevailing wages and benefit requirements to all employees (enforced by wage and hour division of DOL)
- all federal sub/contractors other than consturction services, with contract values over $2,500 are covered
- safety and health standards apply (enforced by OSHA)
workplace knowledge domain
Equal Pay Act of 1963 (amending FLSA)
US employment law and regulations
compensation key concepts
- amendent to FLSA
- enforced by EEOC
- prohibits on basis of sex by paying wages to employees at a rate less than the rate paid to employees of the opposite sex for equal work on jobs requiring substantially equal skill, effort, and responsibility, and performed under similar working conditions
- does not address comparable worth concept
workplace knowledge domain
Affordable Care Act’s Break Time for Nursing Mothers (2010)
US employment law and regulations
compensation key concepts
For one year after the child’s birth, covered employees may take reasonable break time “each time such employee has need to express the milk.” An employer may not deny a covered employee a needed break to pump.
If the space is not dedicated to the nursing employee’s use, it must be available when needed by the employee in order to meet the statutory requirement.
amendment to section 7 of FLSA
https://www.dol.gov/agencies/whd/fact-sheets/73-flsa-break-time-nursing-mothers
workplace knowledge domain
Lilly Ledbetter Fair Pay Act of 2009
Ledbetter v Goodyear Tire & Rubber Co. (2007)
US employment law and regulations
compensation key concepts
amends civil rights act of 1964
- the clock begins running anew with each new paycheck for time to file a charge of an illegal act of discrimination experienced by an employee
- her pay was significantly less than that of men doing the same supervisor job. the old law didn’t permit her to succeed in her complaint because she failed to file 20 years earlier on the first occasion of receiving a paycheck for less and it didn’t matter that she didn’t know the pay difference until late in her career
- 180 day statute of limitations for filing an equal-pay lawsit resets with each new paycheck affected by discriminatory action
workplace domain
National Labor Relations Act of 1935 (NLRA; Wagner Act; Wagner-Connery Labor Relations Act)
Aka Wagner Act
employee relations key concepts
US employment laws and regulations
- grants employees right to organize, join unions, engage in collective bargaining or concerted activities
- addresses union and employer obligations in labor relations issues
- established NLRB (defines fair labor practices and has power to investigate complaints of unfair labor practices by management or labor unions)
workplace domain
key provisions of National Labor Relations Act of 1935
Aka Wagner Act
employee relations key concepts
US employment laws and regulations
- right of workers to organize into unions for collective bargaining
- employers required to bargain in good faith when employees vote in favor of a union to represent them
- unions required to represent members equally
- covers nonmanagement employees in private industry who are not already covered by the Railway Labor Act
- established NLRB to oversee elections of unions seeking to represent employees and hear and rule on charges of unfair labor practices
workplace domain
Labor Management Relations Act of 1947 (LMRA; Taft-Hartley Act)
employee relations key concepts
US employment laws and regulations
- first national legislation that placed controls on unions
- prohibits unfair labor practices by unions and outlaws closed shops where union membership is required to get and keep a job
- ERs can’t form closed-shop agreements with unions
- requires both ER and union bargain in good faith and covers nonmanagement employees in proviate industry who are not covered by Railway Labor Act
workplace domain
Labor-Management Reporting and
Disclosure Act of 1959 and amendments
aka Landrum-Griffin Act
employee relations key concepts
US employment laws and regulations
- procedurs for redressing internal union probs
- protects union members from corrupt/discriminatory labor unions
- applies to all labor organizations
workplace domain
**Special requirements **of the* Labor-Management Reporting and
Disclosure Act of 1959 *and amendments
aka Landrum-Griffin Act
employee relations key concepts
US employment laws and regulations
- unions must conduct secret elections; results reviewed by DOL
- a bill of rights guarantees union members certain rights, including free speech
- convicted felons, communist members can’t hold office
- annual financial reporting from unions to DOL required
- all unions have fiduciary responsibility in managing union assets and conducting union business
- union power to place subordinate organizations in trusteeship is limited
- minimum standards for union disciplinary action against its members are provided
workplace domain
Electronic Communications Privacy Act (EPCA) of 1986
employee relations key concepts
US employment laws and regulations
- Wiretap Act and Stored Communications Act
- provide rules for access, use, disclosure, interpretation, privacy protections of electronic comms
- prohibit interception of emails in transmission and access to emails in storage
- civil and criminal penalties for violations
workplace domain
HR implications of the Electronic Communications Privacy Act (EPCA) of 1986
employee relations key concepts
US employment laws and regulations
- HR implications have to do w/recording employee conversations
- must warn employee to provide notice, which is required by legislation
- notices must be provided to anyone subject to observation or recording so that employees have no expectation of privacy during the time they are in the workplace
workplace domain
Worker Adjustment
and Retraining Notification Act (WARN) of 1988
employee relations key concepts
US employment laws and regulations
- related to downsizing in the private sector
- prevents employers from closing without any worker benefits
- applies to ERs w/ 100 more full-time workers in a single facility who aggregate at least 4,000 hours per week
- must provide 60 day advance notice to employees and public officials of plant closing or mass layoffs
-any employment loss of 50 or more ppl, excluding part-time workers, is considered a trigger event to activate the requirements - local communicty leaders must be informed and invited to participate in process of finding jobs for laid-off workers
- ER can pay 60 days separation if it gives no notice to workers who will be terminated
workplace domain
Exemptions to
Worker Adjustment
and Retraining Notification Act (WARN) of 1988
employee relations key concepts
US employment laws and regulations
- notice not required if terminations result from completion of a contract or project that employees understood would constitute their employment (i.e. term classification)
- layoff less than 6 months
- state and local govt downsizing
- fewer than 50 ppl will be laid off or terminated
- if 50 - 499 workers lose their jobs and the number is less than 33% of active workforce at a single site
workplace domain
Terms: plant closing and mass layoff
Worker Adjustment
and Retraining Notification Act (WARN) of 1988
employee relations key concepts
US employment laws and regulations
- plant closing: permanent or temporary shutdown of single site of employment, or one or more facilities or operating units within a single site of employment
- if the shutdown results in employment loss during any 30-day period of 50 or more FTEs
- mass layoff: reduction in workforce that is not result of a plant closing and results in employment loss at a single site during any 30-day period when 1) at least 500 employees are to be laid off from a workforce of 500 or more
- 2) at least 33% FTEs are going to be removed from payroll in layoff w/total of 50 - 499 workers before the layoff
workplace domain
Employee Polygraph Protection Act of 1988
(federal poster requirement)
many states also prohibit use of lie detector tests
employee relations key concepts
US employment laws and regulations
employers can’t make job applicants or employees take a polygraph test unless:
- part of ongoing investigation of losses suffered by ER
- tested employee had access to property in question
- ER had reasonable suscpision of EE’s involvement
- ER provides statement of the basis for preceding conditions
- ER can test applicants if its a security firm, manufacturere or distributor of controlled substances
- If an EE agrees to polygraph, they can change mind at any time w/out repercussions
workplace domain
NLRB v.
Weingarten (1975)
employee relations key concepts
US employment laws and regulations
Collins was denied union representative (retail clerks union) for theft invesitagion. Collins complained to union organization - filed with NLRB
case significantly strengthened protections for employees in unionized workplaces, ensuring they have support during investigations
workplace domain
Lechmere, Inc. v. NLRB (1992)
employee relations key concepts
US employment laws and regulations
Charge was that Lechmere violated NLRA by barring non-employee union organizers from its parking lot.
- admin law judge and NLRB ruled in favor of union organizers. 1st circuit court of appeals affirmed
- **Supreme court ruled in favor of Lechmere stating that **NLRA doesn’t require employers to allow nonemployee union organizers onto private property unless employees are otherwise inaccessible
- Reasoning: NLRA confers rights on employees, not on unions or nonemployee organizers to access private property for organizing purposes, reinforcing property rights of employers
workplace domain
Occupational Safety and Health Act of 1970 (applies to all employers)
Job Safety and Health key concepts
US employment laws and regulations
- created OSHA within DOL and National Institute of Occupational Safety and Health (NIOSH) within CDC
- general duty clause: workplace free from hazards likely to cause death or serious injury
- employees must follow safety rules and regulations
- notices must be posted and are available to download free of charge
workplace domain
Occupational Safety and Health Act of 1970
recordkeeping requirements
Job Safety and Health key concepts
US employment laws and regulations
- periodic workplace safety inspections
- inury or illness incident reports
- annual summary of incidents during previous calendar year
- injury and illness prevention program (if required by industry)
- employee training on safety procedures
- records of training participation
- safety data sheets for each chemical used in workplace
- post incident report 2/1 - 4/30 each year
workplace domain
Occupational Safety and Health Act of 1970
enforcement
Job Safety and Health key concepts
US employment laws and regulations
- onsite visits without advance notice (you don’t have to agree unless inspector has a search warrant; if no warrant you can delay process until attorney is present); most have printers with them
- onsite inspections or phone/fax investigations: employer has 5 working days to respond with detailed description of inspection filings, corrective action and additional action planned
- highly trained compliance officers
workplace domain
Occupational Safety and Health Act of 1970
inspection priorities
Job Safety and Health key concepts
US employment laws and regulations
- imminent danger: situations where death or serious injury very likely
- fatalities and catastrophes: incidents involving death/hospitalization of 3 or more EEs; ERs must report to OSHA w/in 8 hours (call them - 800-321-OSHA)
- **Worker complaints: **allegations of OHSA violations, unsafe working conditions
- Referrals: fed and local agencies, inidividuals, orgs, media can make referrals to agency
- Follow ups: checks for abatement of violations cited during previous inspections
- planned or programmed investigations: aimed at high-hazard industries or workplaces that experienced high rates of injuries and illnesses aka targeted investigations.
workplace domain
Occupational Safety and Health Act of 1970
2 types of standards
Job Safety and Health key concepts
US employment laws and regulations
- normal standards
- emergency temporary standards: take effect immediately if workers are in grave danger; posted to Federal Register and serves as proposed permanent standard; final ruling must be made w/in 6 months; may be challenged in appropriate US Court of Appeals
workplace domain
Drug-Free Workplace Act of 1988
Job Safety and Health key concepts
US employment laws and regulations
applies to federal contractors and orgs that receive grants from federal govt
ensure all employees working on contract are in compliance with its drug free requirements and must have policy that applies to all employees
policy must include consequences of failing a drug test of non-compliance
supercedes local marijuana laws; drug testing not required
workplace domain
Health
Insurance Portability and Accountability Act of 1996 (HIPAA)
Job Safety and Health key concepts
US employment laws and regulations
- ensures ppl who leave or lose their jobs can obtain health coverage even if they or someone in family has a serious illness, injury or is pregnant
- provides privacy requirements for medical records for ppl as young as 12 years old
- limits exclusions for pre-existing conditions and guarantees renewal of health coverage to employers and employees, allowing ppl to change jobs w/out worrying about loss of coverage
- restricts ER ability to impose actively-at-work requirements as preconditions for health plan eligibility
workplace domain
guidelines on sexual harassment
Job Safety and Health key concepts
US employment laws and regulations
- Scope: unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature; can include offensive remarks about a person’s gender
- illegal when it is so frequent or severe that it creates a hostile work environment or adversely affects the victim’s job, such as being fired or demoted
workplace domain
guidelines on sexual harassment investigations
Job Safety and Health key concepts
US employment laws and regulations
1) make a plan. what is the main question the investigator needs to answer?
a) Who will investigate?
b) What evidence needs to be collected?
c) Who will be interviewed?
2)** you may want to bring in an outside investigator to protect credibility** (i.e. work close with the exec team and the accused is an exec; if the accused has any control over HR, then HR is not a neutral, objective investigator).
3) remain neutral and non-emotional in responses.
4)** prepare questions in advance**. Who, what, when, where. were there witnesses? did they talk to family members or friends? ask open-ended questions
a) resist urge to fill silent moments
5) **gather evidence that might support or negate the complaint **- voicemails, texts, emails, photos, timecards, business expense reports, social media posts
6) check past performance evals and prior compliants: is the person making the allegation seeking retribution for poor eval? complaints on the accused? conact former employees if needed; may detect pattern of questionabel behavior
7) Document every step and record who wasn’t available and why; written evidence is discoverable
8) encourage confidentiality: ask interviewees to help with the investigation by keeping confidentiality but don’t mandate it
9) make a decision: can you corroberate details of each person’s details? does person have a reason to lie? refer to EEOC guidelines to determine credibility. Is it more likely than not that the incident occurred?
10) write a report - take as long as it takes to fact find. if allegations are supported, ER should take immediate and appropriate corrective action - range from write up to termination depending on severity, frequency of misconduct. include investigaion process, findings, recommendations and any dsciplinary action imposed and corrective/preventative action
https://www.shrm.org/topics-tools/tools/presentations/sexual-harassment-
workplace domain
workers’
compensation
Job Safety and Health key concepts
US employment laws and regulations
ER paid insurance that provides **wage repacement and medical care benefits to employees **who suffer work-related injuries or illnesses in return fo rgiving up the employee’s right to sue ER for negligence.
Federal law administered by the states
Other benefits offered:
- death benefits: replace portion of lost family income for eligible family members of employees who die on the job
- burial: pay for som eof deceased employee’s funeral expenses
workplace knowledge domain
Civil Rights Acts of 1964
equal employment opportunity
US employment laws and regulations
ended segregation in public places
banned employment discrimination
workplace knowledge domain
Title VII
Civil Rights Acts of 1964
equal employment opportunity
US employment laws and regulations
Protects 5 protected classes from employment discriminiation: race, color, religion, national origin, sex
Complaints must be filed with EEOC; right to sue letter given to complaining employee to move the case to federal court if ee desires
penalties can result in:
**actual damages **up to 2 years in past and unlimited in future
compensatory damages: pain and suffering caused by illegal discrimination
punitive damages: dollars assesseed by court to punish employer for maltreatment of EE; thought of as making an example
workplace knowledge domain
Executive Order 11246 (1965)
equal employment opportunity
US employment laws and regulations
affirmative action
federal contractors must implement equal employment opportunity and establish outreach (and recruiting) programs for minorities and women, vets and disabled
OFCCP enforces this EO
workplace knowledge domain
Age Discrimination
in Employment Act of 1967 (ADEA) and amendments
equal employment opportunity
US employment laws and regulations
used to be anyone younger than 40 and older than 70 not covered. amendments made removed the upper limit of 70; except airlines
law bans discrimination on EEs 40 or older. remedies the same as under Civil Rights Act
workplace knowledge domain
Equal Employment Opportunity Act of 1972
equal employment opportunity
US employment laws and regulations
amendment to civil rights act of 1964
extended coverage reducing threshold from 25 to 15 employees
**
EEOC enforces it
Extends to employees of state and local govt
Religious accommodation: requires reasonable accommodation for employees’ religious practices unless doing so would cause an undue hardship
workplace knowledge domain
Rehabilitation
Act of 1973
equal employment opportunity
US employment laws and regulations
created support for states to create vocational rehabilitation programs for disabled
workplace knowledge domain
** section 501**
Rehabilitation
Act of 1973
equal employment opportunity
US employment laws and regulations
requires nondiscrimination and affirmative action in hiring disabled workers by dederal agencies within the executive branch
workplace knowledge domain
** section 503**
Rehabilitation
Act of 1973
equal employment opportunity
US employment laws and regulations
requires nondiscrimination and affirmative action by federal contractors and subcontractors with contracts 10k or more
workplace knowledge domain
Vietnam Era Veterans’ Readjustment Assistance Act of 1974
equal employment opportunity
US employment laws and regulations
covered veterans include
* disabled vets
* vets who served on active duty in US military during war or campaign or expecition for which campaign badge was awarded
* vets who, while serving active duty - armed forces service medal was awarded (EO 12985)
* recently separated vets (within 36 months of discharge/release from active duty)
requirements apply to federal contractors w/contracts valued at 25k or more regardless of total # employees
**ERs must post job openings with local state employment service **
* jobs that last 3 days or less
* jobs that will be filled by an internal candidate
* jobs that are senior exec positions
workplace knowledge domain
Uniform Guidelines on Employee Selection Procedures (29 CFR Part 1607) (1978)
equal employment opportunity
US employment laws and regulations
aims to prevent:
* disparate adverse treatment (purposely treating a protected class differently) and
* adverse or disparate impact - when neutral policies have a statistically adverse impact on specific protected group of people
all steps in a hiring process should be validated. VAlidity of a selection device can be determined thru validity study or applying job analysis to demonstrate specific relaiotinhop bt selection device and job requirements.
Selection devices: written/oral/physical ability test; interview
workplace knowledge domain
Pregnancy Discrimination Act
of 1978
equal employment opportunity
US employment laws and regulations
amendment to Title VII to ensure pregnant women are not untreated fairly in the workplace
requires accommodation, guarantees pregnant woman right to return to work to same or simlar job w/same pay following pregnancy disability
workplace knowledge domain
Genetic Information Nondiscrimination
Act of 2008 (GINA)
equal employment opportunity
US employment laws and regulations
employers can’t use genetic info to make employment decisions
result of insurance companies using genetic info to determine who would likely have expensive diseases in future
- allowed decisions to exclude individuals from hiring or enrollment in insurance plans
protections extend to great-grandparents and adopted children
workplace knowledge domain
Executive Order 13672 (2014)
equal employment opportunity
US employment laws and regulations
added sexual orientation and gender identity as protected c;ass categories
workplace knowledge domain
Griggs v. Duke Power Co. (1971)
equal employment opportunity
US employment laws and regulations
workplace knowledge domain
Phillips v. Martin Marietta
Corp. (1971)
equal employment opportunity
US employment laws and regulations
workplace knowledge domain
McDonnell Douglas Corp. v. Green (1973)
equal employment opportunity
US employment laws and regulations
workplace knowledge domain
Family and Medical
Leave Act of 1993 (FMLA; expanded 2008, 2010)
leave and benefits
US employment laws and regulations
workplace knowledge domain
Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA)
leave and benefits
US employment laws and regulations
workplace knowledge domain
Patient Protection and Affordable Care Act
leave and benefits
US employment laws and regulations
employers with 50 or more employees must comply
workplace knowledge domain
(ADA) and amendments including leave as
a reasonable accommodation
leave and benefits
US employment laws and regulations
workplace knowledge domain
Defense of Marriage Act (overruled in 2013)
leave and benefits
US employment laws and regulations
workplace knowledge domain
EEOC v. Verizon (2011)
leave and benefits
US employment laws and regulations
The suit, filed against 24 named subsidiaries of Verizon Communications, said the company unlawfully denied reasonable accommodations to hundreds of employees and disciplined and/or fired them pursuant to Verizon’s “no fault” attendance plans
largest disability discrimination settlement in a single lawsuit in EEOC history
Verizon failed to provide reasonable accommodations for people with disabilities, such as making an exception to its attendance plans for individuals whose “chargeable absences” were caused by their disabilities
https://www.eeoc.gov/newsroom/verizon-pay-20-million-settle-nationwide-eeoc-disability-suit
workplace knowledge domain
National
Federation of Independent Business v. Sebelius (2012)
leave and benefits
US employment laws and regulations
26 states and NFIB sued over ACA constitutionality:
- challenged individual mandate and
- medicaid expansion provision
SC found insurance mandate constitutional as a tax
workplace domain
OECD (organization for economic cooperation and development)
CSR
one of the first entities to address corporate governance - guidelines for multinational enterprises
workplace domain
Caux round table (CRT)
CSR
belief that world business community should play an important role in improving economic and social conditions based on 7 principles.
formed by network of business leaders from US, Europe and Japan
workplace domain
ISO 26000
CSR
world’s largest developer of voluntary international standards.
the standard helps orgs assess and address social responsibilities relevant to their mission and vision, ops, customers, employees and communities
its a quality standard, not a certification
workplace domain
SA8000
csr
created by Social Accountability International (SAI - ngo)
auditable certification standard encouraging orgs to develop, maintain and apply socially acceptable practices in teh workplace
focuses on human rights and labor relationsihp
based on UN and International Labour Organization (ILO) standards
workplace domain
Global Reporting Initiative (GRI) G4 sustainability guidelines
csr
universally accepted standard for global reporting on a company’s sustainability efforts and progress
divided into 1) reporting principles and standard disclosures
2) implementation manual (explanation for applying reporting principles)
