From employee leave of absences to managing benefits, to compensation regulations, compliance is one of the most challenging issues an HR professional faces on a daily basis. Our in-house HR Specialist, Gretchen, has outlined the top 5 HR compliance issues and some tips to help you solve them.
1. FMLA & CFRA
Requests for employee leave of absences is a common concern faced by many HR administrators — especially as it relates to the Family Medical Leave Act (FMLA) and the California Family Rights Act (CFRA). Both policies enable time off for eligible employees under certain circumstances, but before determining which applies to an employee, it’s important to understand the four major differences between them:
- Pregnancy is covered as a serious health condition under the FMLA but not the CFRA. To see what’s covered under CFRA, click here.
- Registered domestic partners are not covered under FMLA but they are covered like spouses under the CFRA.
- Qualifying leave for active military employees or their family member is covered under FMLA but not CFRA.
- Care for an ill or injured service member is covered under both the FMLA and the CFRA if the family member is a spouse, child, or parent. However, under the FMLA, an employee who is next of kin for that service member can also request leave to care for them.
Be sure to check which type of absence the employee qualifies for (if applicable) to stay in compliance.
2. Compensation: Hourly vs. Wage
The Fair Labor Standards Act (FLSA) requires covered employers to pay non exempt employees at least federal minimum wage in addition to overtime hours incurred if they work more than 40 hours in a week. Hourly employees, however, are paid for the number of hours they work — regardless of how many they were assigned. For more information on regulations regarding how to calculate hourly time for travel, training and seminars, meals, breaks, and other unauthorized hours, learn more about federal compliance regulations here.
Under federal and state laws, it is against the law for an employer to discriminate against employees, applicants, or with their organizations in any way. What this means for your business is that it’s against the law to treat people unfairly because of age disability, gender, sexuality, marital status, race, etc. To stay in compliance with these laws, we suggest avoiding these questions in interviews and holding regular anti-harassment trainings.
4. Employee Benefits
With the implementation of the Affordable Care Act (ACA), employers must comply with a variety of mandates and be prepared for detailed Department of Labor audits. There are new plan designs, new provider networks, and a growing list of compliance issues for eligible employees. To navigate this, it’s important to work with somebody you can trust, who understands the importance of balancing the needs of both employer and employee. We offer free compliance assistance help you avoid substantial fines. Learn more about our compliance solutions for your business.
Workplace Safety is a trending focus for many companies. Under the OSHA (Occupational Safety and Health Administration) regulations, employers have a responsibility to provide a safe workplace. Some of these responsibilities include:
- Provide a workplace free from recognized hazards that complies with standards under the OSH Act
- Ensure employees have access to safe tools and equipment that are properly maintained
- Provide safety training in a language and vocabulary workers can understand
- See more safety regulations here.
If you have questions or concerns as to whether your business is compliant with state and federal compliance regulations, we’re here to help. Give us a call at 619-222-0119.