The Age Discrimination in Employment Act of 1967

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We find that many employers are unaware of this act.  It is, however a very important hiring regulation.  According to the Equal Employment Opportunity Commission, “age discrimination involves treating someone (an applicant or employee) less favorably because of his age.”

The Age Discrimination in Employment Act (ADEA) only forbids age discrimination against people who are age 40 or older. It does not protect workers under the age of 40, although some states do have laws that protect younger workers from age discrimination.

Most frequently, we see cases of age discrimination in the elder set – companies who are hesitant to hire someone who is closer to retirement in favor of someone younger who can put in more time with the company.  The law doesn’t require that one individual be below the age of 40, discrimination can also occur when the victim and the person who inflicted the discrimination are both over 40.

Age discrimination doesn’t simply apply to hiring, but all aspects of employment. As it relates to work situations: “The law forbids discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment,” according to the Department of Labor.

Additionally, age driven harassment is protected under this law. Types of harassment can include remarks that can be deemed offensive regarding someone’s age or abilities as a result of their age.  The Department of Labor notes that, “Although the law doesn’t prohibit simple teasing, offhand comments, or isolated incidents that aren’t very serious, harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted).”  This can be a slippery slope and it is incredibly important to ensure that your Employee Code of Conduct covers these topics.

Do you have an Employee Code of Conduct?  If so, does it cover age specific topics like hiring and discrimination?  These topics can be confusing and there is often quite a bit of gray area – that’s where you can benefit from a PEO.  PEOs are experts in the area of defining employee codes of conduct as well as hiring regulations.  Contact us today to set up a consult to find a PEO that can support your business.

Women’s Health and Cancer Rights Act

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The Women’s Health and Cancer Rights Act was a major turning point for women suffering from breast cancer and other cancers that require mastectomies. Under this Act, there are protections for patients who elect breast reconstruction in connection with a mastectomy. For plan participants and beneficiaries receiving benefits in connection with a mastectomy, plans offering coverage for a mastectomy must also cover reconstructive surgery and other benefits related to a mastectomy.

Who does it apply to?

  • Group health plans for plan years starting on or after October 21, 1998
  • Group health plans, health insurance companies or HMOs, if the plan or coverage provides medical and surgical benefits with respect to a mastectomy
  • Requires coverage for reconstructive surgery in a manner determined in consultation with the attending physician and the patient

What does it cover?

  • Reconstruction of the breast on which the mastectomy was performed
  • Surgery and reconstruction of the other breast to produce a symmetrical appearance
  • Prostheses and physical complications at all stages of mastectomy, including lymphedemas

What else do I need to know?

Under WHCRA, mastectomy benefits may be subject to annual deductibles and coinsurance consistent with those established for other benefits under the plan or coverage. Additionally, plans and issuers denying eligibility or future eligibility to enroll or renew insurance coverage are prohibited. They cannot penalize or provide incentives to physicians for providing care that is inconsistent with the WHCRA requirements.

Maintaining compliance with this regulation requires a deep understanding of the types of insurance plans offered to your employees as well as their individual coverages and policies. Benefits are consistently changing and compliance with such benefits can be challenging. A PEO specializes in doing just that – finding the best benefits and keeping up with regulatory compliance. Do you want to make your HR administrative responsibilities easier?

Contact us today to get set up with a PEO who can go to work for you!

The Mental Health Parity Act

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What is the Mental Health Parity Act? According to the Department of Labor’s website, “The Mental Health Parity and Addiction Equity Act of 2008 (MHPAEA) requires group health plans and health insurance issuers to ensure that financial requirements (such as co-pays, deductibles) and treatment limitations (such as visit limits) applicable to mental health or substance use disorder (MH/SUD) benefits are no more restrictive than the predominant requirements or limitations applied to substantially all medical/surgical benefits. MHPAEA supplements prior provisions under the Mental Health Parity Act of 1996 (MHPA), which required parity with respect to aggregate lifetime and annual dollar limits for mental health benefits.”

Essentially this act seeks to require parity between the coverage of standard medical conditions with mental health and addiction issues. Typically, mental health services as well as addiction services and support were either not covered or had very low insurance coverage. The revision to the act supplements the existing Parity Act, passed in 1996.

Mental health and addiction are prevalent and growing issues in America and as such, the support and care for them is a hot issue. With the implementation of the Affordable Care Act, there have been additional requirements that need to be fulfilled by businesses depending on their size, benefits structure and number of employees.

These regulations are not just complex at their basis but also are dynamic. They are updated regularly and as such, employers need to make sure that they are monitoring regulatory shifts. Not only is this confusing but it’s also time consuming, particularly for small to medium businesses who are sometimes exempt or required to follow separate legislation.

Feeling overwhelmed with compliance? That is where a PEO comes in. PEOs are experts in these areas and have dedicated staff to track and monitor changes and subsequently managed the implementation of changes in business process to maintain compliance. Contact us today to find a PEO who can help you stay in touch and in regulation!

 

How to Write an Employee Conduct Code

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In our last post, we covered the employee dress code and how to write it. The conduct code is similar in many ways as it is driven by your company culture but must adhere to employment laws.

There is no standard language for an employee code of conduct – each code is unique to the business and seeks to define expected behaviors in addressing the risks, challenges and customs that exist on a day to day basis for the employees. The basic elements of an employee conduct code are:

– Mission, vision, values and how they drive the ethics of the business. Why does your business hold the values it does? What does this allow you to achieve?

– Decision framework. This should be a model for employees to make ethical decisions, particularly in times of hard choices. The decision framework will guide employees in making the right choice on their own and also coach them on when to involve a third party – be it their supervisor or HR.

– Communications systems. How do you communicate? Do you have a whistleblower line? What is the process for notifying someone of issues?

In addition to the basic sections above in order to be in compliance with employment regulation there are 50+ topics that must be included. These things include: harassment, gifts/gratuities, fraud, FMLA, EEO and Affirmative Action, copyrights, expense reimbursements and time recording, diversity, among many more.

Once you have the policy written, have determined that you hit all of the right topics, covered your legal bases and included the mission of the company you then need to implement. The implementation and communication of the plan has legal parameters regarding sharing, posting and distribution. The code needs to also be regularly updated and sent out on an annual basis.

While this may seem overwhelming – it doesn’t have to be. Employer Solutions Plus can help you by pairing you with an expert in the field of HR and employee conduct. Our experts can design a plan that works for your business. Contact us today for a free consultation!

How to Write an Employee Dress Code

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Developing a dress code may seem like a simple task but it is actually quite complex.  From anti-discrimination laws to a change in the culture of business determining, designing a dress code can be tough. Did you know that Employer Solutions Plus can provide you with a resource who will design a code for you that aligns with your culture and needs?

If you choose to go the self-service route we have outlined some guidelines below:

Things to consider:

  • Your business’ public image
  • The type of work your employees perform (suits and ties might not go so well if there’s manual labor)

Steps to take:

  1. Identify your culture. Are you a polo and khakis or slacks and tie business?  Do you want to host casual Fridays?  You need to determine what level of formality you expect from your employees on a day to day basis.
  2. Assess your workplace. What is the type of work being performed?  Is it reasonable to expect a business casual dress code in a manual labor environment?  Do your employees work long shifts where formal attire would be uncomfortable?
  3. Learn the laws. There are multiple laws around employee discrimination that could be impacted by dress codes.  These include religious discrimination, racial discrimination, disability discrimination, gender discrimination and sexual harassment.
  4. Develop the code. Time to write the dress code – you need to be sure that it is clear, concise and doesn’t leave room for interpretation and also hits all of the requirements of the above laws.  Identify exceptions and be clear with your terminology.
  5. Identify code violations and how to handle them. What’s your policy? Three strikes? Will an employee in violation be expected to go home? Will they lose pay? There are many variables in this – the most important thing here is that it needs to be consistent.

These are the types of questions and considerations you need to make. The challenge of designing a code that fits your culture, aligns with laws and has the right procedures and outcomes for measuring adherence can be confusing, time consuming and stressful.

You don’t have to go at it alone though – contact Employer Solutions Plus today to find out how we can address this business challenge!

Employee Dress Code Trends

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Any employer knows that dress codes are a necessity. A company’s dress code is not just about mandating what your employees can/cannot wear – it speaks to the culture of the firm. Recently, many companies have been migrating to a more lax dress code – erring on the “casual” side of business casual. Other companies however are maintaining a traditional business attire environment. So what’s contributing to these trends? We have given you a breakdown of the key drivers to these changes.

Drivers of the Casual Dress Code

– Cultural Shift

  • Our culture as a whole has seemingly become more casual than 20-30 years ago. If you step into any start up in NYC it is highly unlikely you will see anyone wearing a suit. Some of this country’s largest companies like Google and Apple have and encourage casual dress codes.

– It’s Trendy

  • If Google is doing it – why wouldn’t we? Many businesses adopt practices from successful companies, including their dress code policies. The idea that a multi-billion dollar entity like Google or Facebook allows their employees to wear jeans makes people say “well if they do it and succeed, why can’t we?”

– Telecommuting

  • With the popularity of telecommuting, many workplaces realize that it doesn’t matter if you have on sweatpants or a suit – the work WILL get done. Knowing that productivity is just as high, if not higher, in a work from home environment, companies are becoming more open to the idea of keeping it casual inside and outside the office.

Keeping It Formal

– Tradition

  • Companies who are comprised of primarily older, baby boomers are more likely to uphold a more formal dress code. The concept of wearing jeans on anything other than a Friday seems unprofessional and unnecessary.

– Culture

  • If the nature of your business requires you to regularly interface with customers whether in person or virtually you will often see a more formal dress code being enforced.

Are Surveillance Cameras Permitted in the Workplace?

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It seems that in this day and age nothing goes unmonitored thanks to technology.  Whether it is at a Target or at a stop light – cameras are everywhere.  Does this mean that they are now welcome in the workplace?  What are the rules and regulations around visual employee monitoring?   

Surprisingly – many workplaces do have cameras to mitigate risks such as employee theft, for general security purposes and to ensure that their assets are protected. Additionally, there are benefits from an HR standpoint – by recording employee activity you can address issues around performance, hours worked or harassment accusations. 

The laws around surveillance cameras in the workplace vary on a state by state basis but as a general rule, if the business can provide a valid reason for recording then it is generally acceptable.  Employers must make their employees aware that they are being recorded and have the employee formally acknowledge that they received and read the communication.

There are certain areas and activities that may be excluded from employer surveillance.  These include but are not limited to:

  • Secretly filming or recording union meetings.
  • Filming employees without consent outside of the office.
  • Filming employees in break rooms, lounges, bathrooms or fitness facilities.

As we mentioned previously – these are all on a state-by-state basis. Employer Solutions Plus can help you ensure that you are protecting your business without violating employee privacy rights.  Contact us today for a consultation!

What is OSHA’s Whistleblower Protection Program?

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OSHA, the Occupational Safety and Health Administration, has a protection program that enforces the provisions of more than 20 statutes that protect employees who report violations of workplace safety, airline, commercial motor carrier, consumer product, environmental, financial reform, food safety, health insurance reform, motor vehicle safety, nuclear, pipeline, public transportation agency, railroad, maritime, and securities laws.

The included statutes cover many areas, specifically worker participation in health & safety activities, reporting work related injuries, illness or fatality as well as reporting a violation of the statutes. The protection afforded to employees by these standards ensures that these individuals who blow the whistle are not subjected to adverse action by their employer. Adverse action can include being fired or laid off, blacklisting, demoting, denying promotions, reducing pay, intimidation among other “disciplinary” measures.

As an employee management partner and outsourced HR solution one of our key roles is to maintain the most up to date knowledge on all things compliance – especially whistleblowing. This is one area where our partners are skilled and experienced. They can help a company build their whistleblowing program to ensure that it meets regulations, provides a safe and secure process for employees and also protects the employer.

Need some help? Contact Employer Solutions Plus to get yourself out of the seas of compliance!

What is Whistleblowing?

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The term whistleblowing has received a lot more spotlight in recent years due to the collapses of the mortgage and banking industries as well as with the rise of social media. It is defined as raising a concern about a wrong doing within an organization. The concern must be a genuine concern about a crime, criminal offense, miscarriage of justice, dangers to the health and safety of an environment and/or the cover up of any of these things. It is officially called “making a disclosure in public interest”. Corrupt business practices are often unearthed by whistleblowers before they are found by regulatory agencies.

Whistleblowing can be nerve racking for the individual who is submitting the information. Often they are worried about repercussions, their own reputation and their ability to continue to maintain gainful employment. Many of us have hear the mantra “nobody likes a tattle tale” for the majority of our lives however when it comes to blowing the whistle on corrupt or inappropriate business practices, fear of being a “tattler” needs to take a back seat to doing the right thing.

The first whistleblowing law was enacted on July 30th, 1778 by the Continental Congress after two Navy corpsmen blew the whistle and were subjected to severe retaliation by then commander-in-chief of the Continental Navy. Since then, the policies surrounding whistleblowing and protection of those who do it have been changed and modified to suit current times.

Most companies have enacted their own policies and procedures to ensure the protection of whistleblowers. Employer Solutions Plus can help you design yours or help you find a great partner (such as a PEO) that offers support as one of its many benefits! Contact us today for a consultation.

Be sure to stay tuned! Our next blog will feature an overview of the OSHA Whistleblower Protection Program.

What is the Federal Register?

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The Federal Register is the daily newspaper of the Federal government that contains Federal Agency Regulations, Proposed Rules and Public Notices, Executive Orders, Proclamations and other Presidential Documents.  It is coordinated and published by the National Archives and Records Administration (NARA) every business day.  The paper is distributed by the Government Printing Office on microfiche and on the internet.

Our blog features many posts on compliance and regulation – because in this day in age it is a hot button topic that is ever changing.  The Federal Registrar is where these regulatory changes are published on a day to day basis.  It is officially the most daunting newspaper to read and sift through to find out what is important to you and what you can skim past.

According to the .gov website, if you fall into any of these categories, reading the Registrar should be implemented in your daily business practices.

  • If you need to know about the day-to-day operations of the Federal Government
  • If your business is regulated by a Federal agency
  • If you are an attorney practicing before a regulatory agency
  • If your organization attends public hearings or meetings or applies for grants
  • If you are concerned with Government actions that affect the environment, health care, financial services, exports, education, or other major public policy issues

We know what you’re thinking – so exactly when am I going to have time to do this?  We have an answer – you don’t need to…if you choose a PEO.  PEOs are on top of all federal notices, rules and proposed rules so that their clients don’t have to be.  We know that what is important to a business owner is focusing on their employees, on their bottom line and on growing their business.  By selecting a PEO, you can offload the stress of regulatory compliance management on a seasoned, experienced team.

Contact us today for a consultation on ways Employer Solutions Plus can help you manage your operations more efficiently!