white paper workplace compliance 101 - personnel concepts...

White Paper

Workplace Compliance 101What Every Business Needs to Know and Understand

What is Workplace Compliance?

What are the Benefits of Compliance?

What are the Consequences of Non-Compliance?

What is the Difference Between Mandates and Prohibitions?

How do Laws and Regulations Differ?

White Paper - Compliance 101 ©2018 Personnel Concepts

ContentsWhy Workplace Compliance is Important ..................................................... 1

Executive Summary ........................................................................................ 1

What is Workplace Compliance? ................................................................... 2

Benefits of Compliance .................................................................................. 3

Understanding Terminology ........................................................................... 4

Mandates vs. Prohibitions ................................................................. 4

Laws vs. Regulations .......................................................................... 4

Federal Laws vs. State Laws ............................................................... 5

The 5 Themes of Compliance ......................................................................... 6

Labor Law ........................................................................................... 6

OSHA .................................................................................................. 6

Wage and Hour .................................................................................. 7

Benefit Plan ........................................................................................ 7

Discrimination & Equal Employment Opportunity (EEO) .................. 8

Employee Training .......................................................................................... 9

Respondeat Superior / Vicarious Liability .......................................... 9

Policies and Procedures ............................................................................... 10

Recordkeeping .............................................................................................. 11

Consequences of Non-Compliance .............................................................. 12

Staying in Compliance .................................................................................. 13

The Personnel Concepts Approach to Compliance Management .............. 14

White Paper - Workplace Compliance 101 ©2018 Personnel Concepts1

Why Workplace Compliance is ImportantWorkplace compliance issues effect every organization in some form. Recent surveys indicate that over 80% of U.S. corporations have had litigation lawsuits with former employees. No business is immune to the litigious nature of business and the escalating number of workplace compliance-related lawsuits. But even trained human resources professionals find it a daunting task to keep up with all the rules, regulations, and interpretations by courts and supervising agencies of basic workplace mandates. On top of these, one must also factor in executive orders and state and local requirements.

Executive Summary• Compliance is the act of meeting prescribed laws, regulations, and practices.

• Workplace compliance, the act of meeting laws & regulations impacting the employer-employee relationship, ensures that employees are treated in a fair manner and are safe from possible harm.

• The three primary benefits of seeking to achieve 100% compliance are: 1) risk mitigation; 2) improved morale; and 3) reputation enhancement. For detailed explanations of these benefits, see “Benefits of Compliance” on page 3.

• There are two types of workplace compliance requirements: 1) mandates, and 2) prohibitions. The actions necessary to achieve compliance with each type of requirement differ in scope and complexity. Refer to page 4 for detailed explanations of how these requirements vary.

• Similarly, there are critical differences between laws and regulations, including how and why they are created. For more information, refer to “Understanding Terminology” on page 4.

• Workplace compliance consists of five main themes: 1) labor law; 2) Occupational Safety and Health Administration (OSHA) regulations; 3) wage & hour requirements; 4) benefit plan compliance; and 5) discrimination & equal employment opportunity (EEO). “Themes of Compliance” on pages 6 and 7 provides specific examples of the laws & requirements associated with each theme.

• There are several elements to complying with laws and regulations, but the most important elements are 1) employee training; 2) policies & procedures; and 3) recordkeeping. Pages 9-11 explain why each element is critical to complying with mandates & prohibitions.

• Fines, penalties, and judgments pose the most serious consequences of non-compliance, but consequences can vary by type of violation and employee size. “Consequences of Non-Compliance” on page 12 provides specific fine & penalty amounts for the most common violations.

• To achieve full compliance, businesses must undertake several one-time & ongoing activities, including keeping policies current and staying up-to-date with frequently changing laws & regulations.

• Personnel Concepts publishes hundreds of worry-free, All-on-One compliance solutions to help businesses achieve & maintain 100% compliance with a myriad of workplace requirements.

Fines, penalties, and

judgments pose the most serious

consequences of non-compliance.

Over 80% of U.S. corporations have had litigation

lawsuits with former employees.


What is Workplace Compliance?Compliance is the act of meeting prescribed laws, regulations, and practices. Workplace compliance refers to the process of meeting obligations under workplace laws that are designed to ensure that employees are treated in a fair manner and are safe from possible harm. Each law and regulation carries with it certain notification requirements, some mandating posters in conspicuous places and others demanding written policies and procedures. Detailed recordkeeping is also part and parcel of many initiatives.

Frequently changing laws and regulations create an increasingly complex administrative challenge for U.S. businesses seeking to achieve and maintain 100% compliance. These developments may occur at the state, federal, or local levels, and require diligent monitoring by employers and HR professionals to stay current.

Recent Regulatory and Legislative DevelopmentsThis list was last updated as of December 2018.

May 2018: Congress passed the Economic Growth, Regulatory Relief, and Consumer Protection Act, which requires nationwide consumer reporting agencies to provide “national security freezes” free of charge to consumers. Security freezes allow a consumer to prohibit the release of their credit report. The security freezes are essentially limited to parties seeking the consumer’s information for credit purposes and do not apply to parties who seek the report for employment, insurance, or tenant-screening purposes.

The May 2018 legislation also extended from 90 days to one year the minimum time that nationwide consumer reporting agencies must include an initial fraud alert in a consumer’s file.

September 2018: The Bureau of Consumer Financial Protection issued an interim final rule updating two model disclosures to reflect changes made to the Fair Credit Reporting Act (FCRA) by recent legislation. The FCRA applies to all businesses who seek information that meets the definition of a consumer report (background check) on an applicant or current employee and that information is compiled by a consumer reporting agency. The model notices (Summary of Consumer Rights and the Summary of Consumer Identity Theft Rights) have been updated to include a statement regarding an individual’s new security freeze right.

October 11, 2018: OSHA released new guidance to clarify the Department’s position that 29 C.F.R. § 1904.35 does not prohibit workplace safety incentive programs or post-incident drug testing. Action taken under a safety incentive program or post-incident drug testing policy would only violate 29 C.F.R. § 1904.35 if the employer took the action to penalize an employee for reporting a work-related injury or illness rather than for the legitimate purpose of promoting workplace safety and health.

October 17, 2018: the U.S. Department of Labor (DOL) released the Fall 2018 Regulatory Agenda, which reveals the DOL’s plans for rule changes over the next two years. Most notably, the agenda shows that the proposed white-collar overtime rule has been delayed from its original planned release in January 2019 to March 2019.

In March 2019, OSHA is scheduled to release an Notice of Proposed Rulemaking (NPRM) on updates to its Hazardous Communication standard to align with recent changes to the Globally Harmonized System of Classification and Labeling of Chemicals (GHS). OSHA also plans to release two final rules in June 2019 concerning OSHA access to employee medical records and changes to rules concerning the tracking of workplace injuries and illnesses.

October 23, 2018: the Department of the Treasury and the Internal Revenue Service (IRS), the Department of Labor (DOL), and the Department of Health and Human Services (HHS) issued proposed regulations intended to expand the usability of health reimbursement arrangements and other account-based group health plans (HRAs). In general, the proposed regulations would expand the usability of HRAs by eliminating the current prohibition on integrating HRAs with individual health insurance coverage thereby permitting employers to offer HRAs to employees enrolled in individual health insurance coverage.

November 15, 2018: The Employee Benefits Security Administration (EBSA) released two final rules making it easier for employers to object to certain birth control methods under both religious and moral grounds. The EBSA also announced in its Fall Agenda that they planned to release a new final fiduciary rule explaining exemptions for prohibited transactions in September 2019.

Compliance is the act of meeting

prescribed laws,

regulations, and practices.


Benefits of ComplianceThere are three main reasons why employers should ensure their compliance with workplace laws and regulations:

1. Risk Mitigation

According to the International Business Law Firm of Fulbright & Jaworski’s Litigation Trends Survey Report, 9 in 10 employers expect the litigious trend to continue in all areas of employment law with litigation against their organizations to increase or stay the same.

Implementing policies and procedures that fulfill compliance requirements, honoring training and recordkeeping mandates, and posting required notices and policy statements conspicuously in the workplace can be used in defense during an audit, investigation, or lawsuit relating to violation of compliance requirements. Where compliance efforts are not met, the employer leaves themselves vulnerable to costly injuries, unfair labor practices, agency fines, and employee lawsuits.

2. Improved Morale

Morale can drive an organization to success or can be the fuel that feeds the fires of employee discontent, poor performance, and absenteeism (Zane Ewton, 2007).

Employers who comply with workplace laws and regulations create an environment where employees feel safe and respected. Human nature feeds off of boundaries and direction. By complying with workplace laws, employers are establishing procedures and policies that dictate a course of action and help employees feel focused and more confident. Additionally, the knowledge that all employees are following the same direction creates an environment of fairness and camaraderie.

3. Reputation Enhancement

Positive employee morale translates not only to improved service and product output, but also leads to an enhanced customer experience. Where a customer witnesses productive workflow, the perception is competency, knowledge, and goodwill. A customer is much more likely to return to an environment that is encouraging safety and fairness.

Likewise, customers will extend the knowledge that employees are following policies and procedures to that of product production. It would follow that employers who expect their employees to follow rules and care about safety, would also extend the same caution to the product and services that they offer.

Furthermore, compliance not only benefits employers and employees, it is also meant to protect those who come into the workplace, such as customers. For example, an OSHA compliant workplace prevents costly accidents such as tripping and falling; policies that incorporate Red Flag Rules protect consumers from identity theft; and an EEOC compliant workplace encourages diversity that will likely appeal to a broader customer base.

Create an environment

where employees feel

safe and cared for.


Understanding TerminologyWorkplace compliance requirements can take one of two forms: mandates and prohibitions. In order to comply with workplace laws and regulations, employers first need to understand what they require.

Mandates vs. Prohibitions

Mandates require specific actions, materials, forms, training, etc. These types of requirements explicitly state what affected persons & entities must do. For example, many laws & regulations

require employers to post specific notices in the workplace that notify employees of their rights & obligations. Similarly, several OSHA standards require specific training or written safety plans that must include various pre-defined elements or components. Mandates are what most people and businesses think of when they think of compliance.

Prohibitions, meanwhile, prohibit a specific action, behavior, or practice. Complying with prohibitions is more complex than meeting specific mandates.

For example, various state, federal, and local laws expressly prohibit employment discrimination. While these laws define what constitutes discriminatory action, they do not provide specific details on how to prevent or avoid the forbidden conduct. In many cases, employers must simply prove that they took reasonable steps to prevent the unlawful conduct or behavior from occurring. For this reason, prohibitions are often associated with “best practices,” but are nonetheless a common type of compliance requirement.

Laws vs. RegulationsMandates and prohibitions are created through the passing of laws or regulations. Although often used interchangeably, laws and regulations are separate parts of the same goal.

In the United States, laws are made at different levels, usually in connection with a governmental entity. Cities, counties, states and the federal government all make laws. Legislative law is created through Congress or state legislative bodies.

For example, Congress has passed laws that protect employees from discrimination and harassment such as the Civil Rights Act of 1991 or the Age Discrimination in Employment Act (ADEA).

Laws often do not include all the details needed to explain how an individual, business, state or local government, or others might follow the law. In order to make the laws work on a day-to-day level, Congress authorizes certain

government agencies, such as the DOL, EEOC, and OSHA, to create regulations.

Mandates are authoritative commands by a person, group, or agency, dictating what is to be done or how one should act.

Prohibitions are laws, regulations, or orders that forbid something.

Laws are created by statutes that originate from legislative bills originally introduced by a legislative body.

Regulations explain the technical, operational, and legal details necessary to implement laws.

An agency, such as OSHA, may

mandate that employers

post notices.

In some cases it is up to the employer to show that they did

take steps to prevent a

prohibited action.

Cities, counties, states, and the federal

government all make laws.


Once the regulation is in effect, the government agency then is responsible for enforcing the regulation. Regulations have the same effect as statutory law, and are frequently updated to reflect new interpretations from court decisions and agency leadership. Failure to comply with either the laws or regulations could result in a citation, fine or lawsuit.

Federal Laws vs. State LawsFederal labor laws apply to employers in every state and are enforced through government agencies such as the DOL, EEOC, and OSHA. However, individual states also have their own agencies that pass laws and regulations that apply to employers only in their state. Generally, those laws are very similar to the federal laws which address the same topic.

Occasionally, a state law will be more generous towards an employee than a federal law. In those situations where an employee is covered by both federal and state law, the employee is entitled to the greater benefit or more generous rights provided under the different parts of each law.

The most obvious example of this occurs when a state has its own minimum wage law. When a given state’s minimum wage rate and the federal minimum wage rate conflict, employers must pay the higher of the two to its employees. For example, the federal minimum wage is currently $7.25 per hour. In the state of Washington, where the state minimum wage is $11.50 per hour, Washington employers must pay their workers no less than $11.50 per hour worked. In Wyoming, meanwhile, where the state minimum wage is only $5.15 per hour, most Wyoming employers must pay the higher federal minimum wage rate of $7.25. A chart showing current state minimum wages appears below.

State Minimum Wage

Alaska $9.89 Arizona $11.00 Arkansas $9.25 California $11.00 Colorado $11.10 Florida $8.46

State Minimum Wage

Maine $11.00 Massachusetts $12.00 Michigan $10.00 Minnesota $8.04 Missouri $8.60 Montana $8.50 New Jersey $8.85

State Minimum Wage

New York $11.10 Ohio $8.55 Rhode Island $10.50 South Dakota $9.10 Vermont $10.78 Washington $12.00

State Minimum Wage Increases Effective January 2019

Other States with Minimum Wage Higher than Federal

State Minimum Wage

Connecticut $10.10Delaware (10/1/2018) $8.75District of Columbia $13.25Hawaii $10.10

State Minimum Wage

Illinois $8.25 Maryland $10.10Nebraska $9.00

State Minimum Wage

Nevada $8.25 New Mexico $7.50 Oregon $10.75West Virginia $8.75

AlabamaIdahoIndianaIowa

KansasKentuckyLouisiana

MississippiNew HampshireNorth CarolinaNorth Dakota

Pennsylvania South CarolinaTennessee

TexasUtahVirginiaWisconsin

States that Match Federal Minimum Wage of $7.25

WA$12

OR$10.75

WY$5.15

OH$8.55

MI $10

NV$8.25

CA$11

AZ$11

NM$7.50

AR$9.25

MO$8.60

IL$8.25

VT - $10.78

ME - $11.00

FL - $8.46

DC - $13.25

CO$11.10

CT - $10.10

MA - $12.00RI - $10.50

States Increasing Minimum Wage Effective January 1, 2019

States with Minimum Wage Less than FederalState Minimum Wage Georgia $5.15Oklahoma $2.00

State Minimum Wage

Puerto Rico $5.08Wyoming $5.15

MT$8.50

PR$5.08

AK$9.89

NJ - $8.85DE - $8.75

NY$11.10

WV - $8.75

MD - $10.10

HI$10.10

NE$9.00

SD$9.10

OK$2.00

MN$8.04

GA$5.15

Failure to comply with laws or regulations

could result in a citation, fine,

or lawsuit.

If an employee is covered by both federal and state

law, the employee is entitled to the

greater benefit.


The 5 Themes of ComplianceLabor LawLabor law compliance exists in order to foster, promote, and develop the welfare of the wage earners, job seekers, and retirees of the United States; improve working conditions; advance opportunities for profitable employment; and assure work-related benefits and rights.

Employers are required by law to display up-to-date state and federal labor law posters and communicate safety and health information to their employees. Additionally, employers must implement effective workplace policies addressing employee conduct, such as workplace violence, sexual harassment, and substance abuse.

To fully protect the company against fines and lawsuits, employers must also ensure that these required employee notices are updated in the event of mandatory law changes, material posting revisions, court decisions, and revised agency guidelines.

OSHAOSHA regulations (both at the state and federal level) require employers to provide a safe and healthful workplace for employees, reduce or eliminate recognized safety hazards, and comply with standards relating to specific work practices or conditions.

The General Duty Clause of the OSH Act states that each employer “shall furnish to each of his employees employment and a place of employment which are free from recognized hazards” (29 USC 654(a)) and comply with OSHA standards promulgated under the Act (29 USC 654(b)).

Under OSHA laws and regulations, employers are required to:

• Follow all relevant OSHA safety and health standards.

• Find and correct safety and health hazards.

• Inform employees about chemical hazards through training, labels, alarms, color-coded systems, chemical information sheets, and other methods.

• Notify OSHA within 8 hours of a workplace fatality or when three or more workers are hospitalized.

• Provide required personal protective equipment at no cost to workers.

• Keep accurate records of work-related injuries and illnesses.

• Post OSHA citations, injury and illness summary data, and the OSHA “Job Safety and Health - It’s The Law” poster in the workplace where workers will see them.

• Not discriminate or retaliate against any worker for using their rights under the law.

Job Safety and HealthIT’S THE LAW!

All workers have the right to:

� A safe workplace.

� Raise a safety or health concern with your employer or OSHA, or report a work-related injury or illness, without being retaliated against.

� Receive information and training on job hazards, including all hazardous substances in your workplace.

� Request an OSHA inspection of your workplace if you believe there are unsafe or unhealthy conditions. OSHA will keep your name confidential. You have the right to have a representative contact OSHA on your behalf.

� Participate (or have your representative participate) in an OSHA inspection and speak in private to the inspector.

� File a complaint with OSHA within 30 days (by phone, online or by mail) if you have been retaliated against for using your rights.

� See any OSHA citations issued to your employer.

� Request copies of your medical records, tests that measure hazards in the workplace, and the workplace injury and illness log.

Employers must:

� Provide employees a workplace free from recognized hazards. It is illegal to retaliate against an employee for using any of their rights under the law, including raising a health and safety concern with you or with OSHA, or reporting a work-related injury or illness.

� Comply with all applicable OSHA standards.

� Report to OSHA all work-related fatalities within 8 hours, and all inpatient hospitalizations, amputations and losses of an eye within 24 hours.

� Provide required training to all workers in a language and vocabulary they can understand.

� Prominently display this poster in the workplace.

� Post OSHA citations at or near the place of the alleged violations.

FREE ASSISTANCE to identify and correct hazards is available to small and medium-sized employers, without citation or penalty, through OSHA-supported consultation programs in every state.

U.S. Department of Labor

Contact OSHA. We can help.

1-800-321-OSHA (6742) • TTY 1-877-889-5627 • www.osha.gov

OSHA

316

5-04

R 20

15

This poster is available free from OSHA.

Employers are required by law to display up-to-date

state and federal labor law posters and communicate safety and health

information to their employees.

LABOR LAW

OSHA

WAGE AND HOUR

BENEFIT PLAN COMPLIANCE

DISCRIMINATION & EEO

5THEMES


Wage and HourThe Fair Labor Standards Act (FLSA) is a federal employment law that defines employer obligations relating to employee wages, hours, overtime, and child labor. According to estimates from the U.S. Department of Labor (DOL), over 70 percent of employers are not in full compliance with the act and applicable regulations.

To ensure full compliance, employers must implement policies and pay practices that meet the act’s standards, and must notify employees of their rights and obligations.

The FLSA and related DOL regulations impose specific obligations relating to the following terms and conditions of employment:

• Wages and hours worked – minimum wage, tip credits, hours worked, time records

• Overtime – overtime exemptions, overtime pay, white-collar duties tests, salary basis policies, recordkeeping

• Child labor – prohibited occupations, permissible occupations, limitations on working hours

Many states also have minimum wage laws. Where an employee is subject to both the state and federal minimum wage laws, the employee is entitled to the higher of the two minimum wages.

All employers with two or more employees on payroll must comply with various wage & hour, overtime, and child labor standards included in FLSA, regardless of whether they are dually covered by a state minimum wage or child labor law.

Benefit Plan The Employee Retirement Income Security Act of 1974 (ERISA) is a federal law that sets minimum standards for retirement and health benefit plans in private industry. ERISA does not require any employer to establish a plan. It only requires that those who establish plans must meet certain minimum standards.

ERISA covers retirement, health, and other welfare benefit plans (e.g., life, disability, and apprenticeship plans). Among other things, ERISA provides that those individuals who manage plans (and other fiduciaries) must meet certain standards of conduct. The law also contains detailed provisions for reporting to the government and disclosure to participants. There also are provisions aimed at assuring that plan funds are protected and that participants who qualify receive their benefits.

ERISA has also been expanded to include additional health laws. The Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) amended ERISA to provide for the continuation of health care coverage for employees and their beneficiaries (for a limited period of time) if certain events would otherwise result in a reduction in benefits. The Health Insurance Portability and Accountability Act of 1996 (HIPAA) amended ERISA to make health care coverage more portable and secure for employees. Covered entities must implement policies, procedures, and notices to comply with HIPAA regarding privacy, portability and other issues.

All businesses that offer health benefits to their employees must notify plan participants in writing of their rights under ERISA, COBRA, HIPAA, and other applicable benefit plan laws.

1-866-487-9243TTY: 1-877-889-5627

www.dol.gov/whd

WAGE AND HOUR DIVISIONUNITED STATES DEPARTMENT OF LABOR

WH1088 REV 07/16

OVERTIME PAY At least 1½ times the regular rate of pay for all hours worked over 40 in a workweek.

CHILD LABOR An employee must be at least 16 years old to work in most non-farm jobs and at least 18 to work in non-farm jobs declared hazardous by the Secretary of Labor. Youths 14 and 15 years old may work outside school hours in various non-manufacturing, non-mining, non-hazardous jobs with certain work hours restrictions. Different rules apply in agricultural employment.

TIP CREDIT Employers of “tipped employees” who meet certain conditions may claim a partial wage credit based on tips received by their employees. Employers must pay tipped employees a cash wage of at least $2.13 per hour if they claim a tip credit against their minimum wage obligation. If an employee’s tips combined with the employer’s cash wage of at least $2.13 per hour do not equal the minimum hourly wage, the employer must make up the difference.

NURSING MOTHERS

The FLSA requires employers to provide reasonable break time for a nursing mother employee who is subject to the FLSA’s overtime requirements in order for the employee to express breast milk for her nursing child for one year after the child’s birth each time such employee has a need to express breast milk. Employers are also required to provide a place, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public, which may be used by the employee to express breast milk.

ENFORCEMENT The Department has authority to recover back wages and an equal amount in liquidated damages in instances of minimum wage, overtime, and other violations. The Department may litigate and/or recommend criminal prosecution. Employers may be assessed civil money penalties for each willful or repeated violation of the minimum wage or overtime pay provisions of the law. Civil money penalties may also be assessed for violations of the FLSA’s child labor provisions. Heightened civil money penalties may be assessed for each child labor violation that results in the death or serious injury of any minor employee, and such assessments may be doubled when the violations are determined to be willful or repeated. The law also prohibits retaliating against or discharging workers who file a complaint or participate in any proceeding under the FLSA.

ADDITIONAL INFORMATION

• Certain occupations and establishments are exempt from the minimum wage, and/or overtime pay provisions.

• Special provisions apply to workers in American Samoa, the Commonwealth of the Northern Mariana Islands, and the Commonwealth of Puerto Rico.

• Some state laws provide greater employee protections; employers must comply with both.

• Some employers incorrectly classify workers as “independent contractors” when they are actually employees under the FLSA. It is important to know the difference between the two because employees (unless exempt) are entitled to the FLSA’s minimum wage and overtime pay protections and correctly classified independent contractors are not.

• Certain full-time students, student learners, apprentices, and workers with disabilities may be paid less than the minimum wage under special certificates issued by the Department of Labor.

EMPLOYEE RIGHTS UNDER THE FAIR LABOR STANDARDS ACT

The law requires employers to display this poster where employees can readily see it.

FEDERAL MINIMUM WAGE

$7.25 PER HOUR

BEGINNING JULY 24, 2009

ERISA is a federal law

that covers retirement, health, and

other welfare benefit plans.


Discrimination & Equal Employment Opportunity (EEO)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, religion, sex (including pregnancy), gender identity, sexual orientation, national origin, age (40 or older), disability, or genetic information. 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.

Applicable national legislation includes the Civil Rights Act of 1964, the Civil Rights Act of 1991, the Americans With Disabilities Act (ADA) of 1990, the ADA Amendments Act of 2008, the Age Discrimination in Employment Act (ADEA), and others, along with state-specific laws that may go beyond the federal legislation.

The laws apply to all types of work situations, including hiring, firing, promotions, harassment, training, wages, and benefits.

To defend against costly lawsuits, employers must be able to understand these complex laws, adopt effective written policies, implement employee training, and establish clear, effective procedures for the resolution of any complaint or allegation.

Understanding Federal AgenciesThere are many federal, state, and local laws that affect the American workplace. While most states have their own enforcing agencies for state laws, the following federal agencies administer and enforce national employment laws:

• U.S. Department of Labor (DOL): Administers and enforces most federal employment laws, including those covering wages and hours of work, safety and health standards, employee health and retirement benefits, and federal contracts. This agency has a number of divisions that each focus on a different area of federal employment law:

o Wage and Hour Division (WHD): Administers the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), and the Employee Polygraph Protection Act (EPPA).

o Occupational Safety and Health Administration (OSHA): Administers the Occupational Safety and Health (OSH) Act and hundreds of hazard-specific safety regulations called “OSHA standards.”

o Veterans’ Employment and Training Service (VETS): Administers the Uniformed Services Employment and Reemployment Rights Act (USERRA).

o Employee Benefits Security Adminstration (EBSA): Administers the Employee Retirement Income Security Act (ERISA); reporting requirements for continuation of health insurance coverage as required under the Comprehensive Omnibus Budget Reconciliation Act of 1985 (COBRA); and the portability provisions of the Health Insurance Portability and Accountability Act (HIPAA).

• Equal Employment Opportunity Commission (EEOC): Enforces federal laws that make it illegal to discriminate against an employee or job applicant because of the person’s race, color, religion, sex/gender, national origin, age (40 or older), disability, or genetic information.

• U.S. Department of Health and Human Services (HHS): Administers the Affordable Care Act (ACA) and the privacy and security provisions of HIPAA.

• U.S. Immigration and Customs Enforcement (ICE): Enforces federal laws governing border control, customs, trade and immigration, including Form I-9 regulations pertaining to employers.

• National Labor Relations Board (NLRB): An independent federal agency that enforces the National Labor Relations Act (NLRA), which includes provisions pertaining to protected concerted activities, workplace policies, and unionization.

Equal Employment Opportunity is

The LawPrivate Employers, State and Local Governments, Educational Institutions, Employment Agencies and Labor Organizations

Applicants to and employees of most private employers, state and local governments, educational institutions,employment agencies and labor organizations are protected under Federal law from discrimination on the following bases:

Item# Y889889-U-Y889320-L FD-EEOC-1009 ©2009-2015 AIO Acquisition, Inc.

RACE, COLOR, RELIGION, SEX, NATIONAL ORIGINTitle VII of the Civil Rights Act of 1964, as amended, protects applicants and employees from discrimination in hiring, promotion, discharge, pay, fringe benefits, job training, classification, referral, and other aspects of employment, on the basis of race, color, religion, sex (including pregnancy), or national origin. Religious discrimination includes failing to reasonably accommodate an employee’s religious practices where the accommodation does not impose undue hardship.

DISABILITYTitle I and Title V of the Americans with Disabilities Act of 1990, as amended, protect qualified individuals from discrimination on the basis of disability in hiring, promotion, discharge, pay, fringe benefits, job training, classification, referral, and other aspects of employment. Disability discrimination includes not making reasonable accommodation to the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, barring undue hardship.

AGEThe Age Discrimination in Employment Act of 1967, as amended, protects applicants and employees 40 years of age or older from discrimination based on age in hiring, promotion, discharge, pay, fringe benefits, job training, classification, referral, and other aspects of employment.

SEX (WAGES)In addition to sex discrimination prohibited by Title VII of the Civil Rights Act, as amended, the Equal Pay Act of 1963, as amended, prohibits sex discrimination in the payment of wages to women and men performing substantially equal work, in jobs that require equal skill, effort, and responsibility, under similar working conditions, in the same establishment.

GENETICSTitle II of the Genetic Information Nondiscrimination Act of 2008 protects applicants and employees from discrimination based on genetic information in hiring, promotion, discharge, pay, fringe benefits, job training, classification, referral, and other aspects of employment. GINA also restricts employers’ acquisition of genetic information and strictly limits disclosure of genetic information. Genetic information includes information about genetic tests of applicants, employees, or their family members; the manifestation of diseases or disorders in family members (family medical history); and requests for or receipt of genetic services by applicants, employees, or their family members.

RETALIATIONAll of these Federal laws prohibit covered entities from retaliating against a person who files a charge of discrimination, participates in a discrimination proceeding, or otherwise opposes an unlawful employment practice.

WHAT TO DO IF YOU BELIEVE DISCRIMINATION HAS OCCURREDThere are strict time limits for filing charges of employment discrimination. To preserve the ability of EEOC to act on your behalf and to protect your right to file a private lawsuit, should you ultimately need to, you should contact EEOC promptly when discrimination is suspected: The U.S. Equal Employment Opportunity Commission (EEOC), 1-800-669-4000 (toll-free) or 1-800-669-6820 (toll-free TTY number for individuals with hearing impairments). EEOC field office information is available at www.eeoc.gov or in most telephone directories in the U.S. Government or Federal Government section. Additional information about EEOC, including information about charge filing, is available at www.eeoc.gov.

RACE, COLOR, NATIONAL ORIGIN, SEX In addition to the protections of Title VII of the Civil Rights Act of 1964, as amended, Title VI of the Civil Rights Act of 1964, as amended, prohibits discrimination on the basis of race, color or national origin in programs or activities receiving Federal financial assistance. Employment discrimination is covered by Title VI if the primary objective of the financial assistance is provision of employment, or where employment discrimination causes or may cause discrimination in providing services under such programs. Title IX of the Education Amendments of 1972 prohibits employment discrimination on the basis of sex in educational programs or activities which receive Federal financial assistance.

INDIVIDUALS WITH DISABILITIESSection 504 of the Rehabilitation Act of 1973, as amended, prohibits employment discrimination on the basis of disability in any program or activity which receives Federal financial assistance. Discrimination is prohibited in all aspects of employment against persons with disabilities who, with or without reasonable accommodation, can perform the essential functions of the job.

If you believe you have been discriminated against in a program of any institution which receives Federal financial assistance, you should immediately contact the Federal agency providing such assistance.

Programs or Activities Receiving Federal Financial Assistance

RACE, COLOR, RELIGION, SEX, NATIONAL ORIGINExecutive Order 11246, as amended, prohibits job discrimination on the basis of race, color, religion, sex or national origin, and requires affirmative action to ensure equality of opportunity in all aspects of employment.

INDIVIDUALS WITH DISABILITIESSection 503 of the Rehabilitation Act of 1973, as amended, protects qualified individuals from discrimination on the basis of disability in hiring, promotion, discharge, pay, fringe benefits, job training, classification, referral, and other aspects of employment. Disability discrimination includes not making reasonable accommodation to the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, barring undue hardship. Section 503 also requires that Federal contractors take affirmative action to employ and advance in employment qualified individuals with disabilities at all levels of employment, including the executive level.

DISABLED, RECENTLY SEPARATED, OTHER PROTECTED, AND ARMED FORCES SERVICE MEDAL VETERANSThe Vietnam Era Veterans’ Readjustment Assistance Act of 1974, as amended, 38U.S.C. 4212, prohibits job discrimination and requires affirmative action to employ and advance in employment disabled veterans, recently separated veterans (within three

years of discharge or release from active duty), other protected veterans (veterans who served during a war or in a campaign or expedition for which a campaign badge has been authorized), and Armed Forces service medal veterans (veterans who, while on active duty, participated in a U.S. military operation for which an Armed Forces service medal was awarded).

RETALIATIONRetaliation is prohibited against a person who files a complaint of discrimination, participates in an OFCCP proceeding, or otherwise opposes discrimination under these Federal laws.

Any person who believes a contractor has violated its nondiscrimination or affirmative action obligations under the authorities above should contact immediately:

The Office of Federal Contract Compliance Programs (OFCCP), U.S. Department of Labor, 200 Constitution Avenue, N.W., Washington, D.C. 20210, 1-800-397-6251 (toll-free) or (202) 693-1337 (TTY). OFCCP may also be contacted by e-mail at [email protected], or by calling an OFCCP regional or district office, listed in most telephone directories under U.S. Government, Department of Labor.

Employers Holding Federal Contracts or SubcontractsApplicants to and employees of companies with a Federal government contract or subcontract

are protected under Federal law from discrimination on the following bases:

EEOC-P/E-1 (Revised 11/09)


Employee TrainingWorkplace training is an essential element of ensuring compliance with applicable laws & regulations. In some cases, laws & regulations mandate specific training. In most cases, training constitutes a reasonable step to prevent prohibited behavior or activities.

Mandatory training requirements exist in various OSHA standards pertaining to workplace safety. OSHA standards addressing lockout/tagout, hazard communication, industrial trucks/forklifts, and personal protective equipment (PPE) require covered employers to implement employee training, and businesses can be cited or fined for failure to comply.

Likewise, some state laws require employee training on various topics. For example, several states, including California, have strict requirements on annual sexual harassment training for employees. Even where no specific mandate exists, employers must consider implementing training on critical issues like harassment/discrimination, workplace violence, and interviewing & hiring laws as a defense against potential lawsuits.

The best way to mitigate possible lawsuits is to educate employees on the legalities of what is acceptable behavior in the workplace. Not only does this show an employer’s good faith effort to comply with applicable laws, it also helps prevent an employee, manager, or supervisor from committing a violation unknowingly and putting their employer at risk.

Respondeat Superior / Vicarious LiabilityOne of the reasons that proactive training is crucial is because in certain instances, employers can be held responsible for the actions of their employees. The doctrine of respondeat superior (Latin for “let the master answer”) is based on the employer-employee relationship. The doctrine makes the employer responsible for negligence or lack of care on the part of an employee in relation to those to whom the employer owes a duty of care. For respondeat superior to apply, the employee’s negligence must occur within the scope of their employment. Where this occurs, the employer will be held liable for damages or harm.

Under respondeat superior, an employer is held vicariously liable for the actions of those that they trust to care for the employees. One of the most common forms of vicarious liability was exemplified when the Supreme Court ruled (Burlington Industries, Inc. v. Ellerth, and Faragher v. City of Boca Raton) that an employer can be held responsible for harassment committed by a supervisor if the harassment was committed by “a supervisor with immediate (or successively higher) authority over the employee.”

In this case, the standard of liability was based on two principles:

1. An employer is responsible for the acts of its supervisors.

2. Employers should be encouraged to prevent harassment and employees should be encouraged to avoid or limit the harm from harassment.

The employer may be able to avoid liability or limit damages by establishing an affirmative defense that includes two necessary elements:

1. The employer exercised reasonable care to prevent and correct promptly any harassing behavior; and

2. The employee unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer or to avoid harm otherwise.

If an employer can prove that it fulfilled its duty of reasonable care, (such as training its supervisors on what is considered harassment and how to respond to claims of harassment) and that the employee could have avoided all of the harm (training would communicate the channels necessary to report such harm) but unreasonably failed to do so, the employer will avoid all liability for unlawful harassment.

The best way to mitigate possible

lawsuits is to educate

employees on the legalities

of what is acceptable behavior

in the workplace.

An employer can be held

responsible for harassment committed by a

supervisor.


Policies and ProceduresHaving efficient policies and procedures are an important tool that not only communicate to employees what is expected, but it also establishes work practices that, when followed, help mitigate discriminatory treatment. There are a number of policies and procedures that employers can implement that encourage smart employment principles and establish the practices that can act as a defense in a claim of wrongful termination.

Policies need to be communicated to employees whether through a company handbook, training sessions, or in a hiring packet. The following points should always be practiced in regard to workplace policies:

• Repeat the information as much as possible (at least annually).

• Keep policies up to date and revised as workplace situations change.

• Document all policies in writing.

• State potential consequences of failure to comply with a particular policy and that the consequences may include termination.

• Require employees to sign documentation saying that they have received, read, understand, and will abide by the policy. Keep copies of the signed documentation in employee personnel files.

Like policies, procedures must also be documented and communicated to employees. In many cases, procedures are used by managers and supervisors and help to ensure non-discriminatory behavior and compliance with state and federal employment laws. Usually, procedures are not only documented but are also communicated through a training program.

Once an employer decides which policies and procedures they want to implement, they need to reference applicable laws to make sure that they comply with state and federal regulations. Employers also need to remember that procedures and policies are viewed by a court of law as a form of contract between an employer and employee, so they need to be very carefully worded so as to avoid implying a meaning that wasn’t intended.

Essential Workplace PoliciesWhile some legal experts caution against all-inclusive employee handbooks for a variety of reasons, employers of all sizes must consider adopting and enforcing formal, written policies to address their primary legal risks. The following is a list of essential workplace policies that can help businesses mitigate or avoid liability under applicable laws.

- At-will employment

- Harassment and discrimination

- Disciplinary action

- Attendance

- Leaves of absence

- Safety and health

- Workplace violence

- Pregnancy leave and accommodations

- Salary deductions

- Breaks and meal periods

- Overtime

- Timekeeping

- Employee classification

- Confidentiality

- Social media

- Jury duty

- Paydays

- Vacation pay

Procedures and policies are viewed by

a court of law as a

form of contract

between an employer and employee.

Procedures are used to help ensure

non-disriminatory

behavior and law

compliance.


RecordkeepingMore than 20 employment laws contain provisions that require employers to create, maintain, and retain certain personnel records. The agencies that enforce employment laws are empowered to request and review an employer’s personnel records during an investigation or audit. Fines for non-compliance with recordkeeping requirements can vary based upon what law is requiring the recordkeeping. Additionally, failure to meet recordkeeping requirements can prove costly in an employee lawsuit, as personnel records are commonly used as part of an employer’s defense in a wrongful discharge or discrimination lawsuit.

Examples of some of the laws that contain recordkeeping requirements include:

Fair Labor Standards Act (FLSA) - Every covered employer must keep certain records for each non-exempt worker. The Act requires no particular form for the records, but does require that the records include certain identifying information about the employee and data about the hours worked and the wages earned. The law requires this information to be accurate. The following is a listing of the basic records that an employer must maintain:

1. Employee’s full name and social security number.

2. Address, including zip code.

3. Birth date, if younger than 19.

4. Sex and occupation.

5. Time and day of week when employee’s workweek begins.

6. Hours worked each day.

7. Total hours worked each workweek.

8. Basis on which employee’s wages are paid (e.g., “$9 per hour,” “$440 a week,” “piecework”)

9. Regular hourly pay rate.

10. Total daily or weekly straight-time earnings.

11. Total overtime earnings for the workweek.

12. All additions to or deductions from the employee’s wages.

13. Total wages paid each pay period.

14. Date of payment and the pay period covered by the payment.

Each employer shall preserve for at least three years payroll records, collective bargaining agreements, and sales and purchase records. Records on which wage computations are based should be retained for two years, i.e., time cards and piece work tickets, wage rate tables, work and time schedules, and records of additions to or deductions from wages.

Immigration Reform and Control Act (IRCA) – Under the IRCA, I-9 Forms (Employment Eligibility Verification Forms) must be retained for three years after date of hire or one year after date of employee’s termination, whichever is later.

Occupational Safety and Health Act (OSH Act) – The Log 300 Form and the 300A Summary of Occupational Injuries and Illnesses, or approved equivalents, must be retained for five years following the end of the year to which the records relate. Form 301 (Supplementary Record of Injury or Illness) or its equivalent must also be retained for five years. Medical and exposure records must be obtained for the duration of employment plus 30 years. (Note: some OSHA standards include additional documentation and record retention requirements).

USCISForm I-9

OMB No. 1615-0047 Expires 08/31/2019

Employment Eligibility Verification Department of Homeland Security

U.S. Citizenship and Immigration Services

Form I-9 11/14/2016 N Page 1 of 3

►START HERE: Read instructions carefully before completing this form. The instructions must be available, either in paper or electronically,during completion of this form. Employers are liable for errors in the completion of this form.

ANTI-DISCRIMINATION NOTICE: It is illegal to discriminate against work-authorized individuals. Employers CANNOT specify which document(s) an employee may present to establish employment authorization and identity. The refusal to hire or continue to employ an individual because the documentation presented has a future expiration date may also constitute illegal discrimination.

Section 1. Employee Information and Attestation (Employees must complete and sign Section 1 of Form I-9 no later than the first day of employment, but not before accepting a job offer.)Last Name (Family Name) First Name (Given Name) Middle Initial Other Last Names Used (if any)

Address (Street Number and Name) Apt. Number City or Town State ZIP Code

Date of Birth (mm/dd/yyyy) U.S. Social Security Number

- -

Employee's E-mail Address Employee's Telephone Number

I am aware that federal law provides for imprisonment and/or fines for false statements or use of false documents in connection with the completion of this form.I attest, under penalty of perjury, that I am (check one of the following boxes):

1. A citizen of the United States

2. A noncitizen national of the United States (See instructions)

3. A lawful permanent resident

4. An alien authorized to work until (See instructions)

(expiration date, if applicable, mm/dd/yyyy):

(Alien Registration Number/USCIS Number):

Some aliens may write "N/A" in the expiration date field.

Aliens authorized to work must provide only one of the following document numbers to complete Form I-9:An Alien Registration Number/USCIS Number OR Form I-94 Admission Number OR Foreign Passport Number.

1. Alien Registration Number/USCIS Number:

2. Form I-94 Admission Number:

3. Foreign Passport Number:

Country of Issuance:

OR

OR

QR Code - Section 1 Do Not Write In This Space

Signature of Employee Today's Date (mm/dd/yyyy)

Preparer and/or Translator Certification (check one):I did not use a preparer or translator. A preparer(s) and/or translator(s) assisted the employee in completing Section 1.

(Fields below must be completed and signed when preparers and/or translators assist an employee in completing Section 1.)I attest, under penalty of perjury, that I have assisted in the completion of Section 1 of this form and that to the best of myknowledge the information is true and correct.Signature of Preparer or Translator Today's Date (mm/dd/yyyy)

Last Name (Family Name) First Name (Given Name)

Address (Street Number and Name) City or Town State ZIP Code

Employer Completes Next Page

Every covered employer

must keep certain records

for each non-exempt worker.


Consequences of Non-ComplianceThere are a number of consequences that employers face when they are not in compliance with the various labor laws including agency fines and employee lawsuits. There are three categories of monetary damages that can result when an employer is found in violation of a labor law:

Compensatory damages pay victims for out-of-pocket expenses caused by the violation (such as costs associated with a job search or medical expenses) and compensate them for any emotional harm suffered (such as mental anguish, inconvenience, or loss of enjoyment of life).

Punitive damages are considerably or greatly higher than the measurable value of the injury. Punitive damages are meant not to compensate the aggrieved party but to punish the offending party for its reckless or unconscionable actions or conduct.

Liquidated damages are equal to the amount of back pay awarded the victim.

A victim of a labor law infraction also may be able to recover attorney’s fees, expert witness fees, and court costs.

In addition to monetary penalties, there are also several effects that result from non-compliance, such as the time and effort that must be invested to defend against violations and lawsuits, reduction in employee morale, and increased exposure.

The following are summaries of the fines imposed by the various agencies that enforce labor laws:

Violations of the OSH Act or related OSHA standards can result in fines up to $12,934 per violation for serious infractions, other than serious infractions, and posting requirements. Failure to abate can also result in fines up to $12,934 per day beyond the abatement day. Willful or repeated violations may result in fines up to $129,336 per violation.

Non-compliance with wage and hour laws can result in fines, back pay, front pay, penalties up to $1,964 per violation, and possible imprisonment for willful violations. Willful and repeat violations that lead to the death of a minor employee can result in fines up to $113,894.

Failure to comply with benefit plan notice requirements can result in fines up to $152 per violation per day, or even disqualification of your health benefit plan.

EEO violations vary depending on the size of the employer: For employers with 15-100 employees, up to $50,000; for employers with 101-200 employees, up to $100,000; for employers with 201-500 employees, up to $200,000; and for employers with more than 500 employees, up to $300,000.

Aside from damages, victims of labor law infractions may be

able to recover

attorney’s fees, expert witness

fees, and court costs.

The Federal Civil Penalties Inflation

Adjustment Act adjusts

government penalties annually

based on inflation.


Recent Increases to Fines & PenaltiesOn Nov. 2, 2015, the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 was signed into law to advance the effectiveness of civil money penalties and to strengthen their deterrent effect. The law directs agencies across the federal government to adjust their penalties for inflation each year in January. Additionally, it directed all agencies to issue a “catch up” penalty adjustment, which became effective Aug. 1, 2016.

Listed below are the most relevant penalty increases affecting employers Law Prior Penalty Penalty as of 1/3/2018Employee Polygraph Protection Act (EPPA) $20,111 $20,521Fair Labor Standards Act (FLSA): Minimum Wage and Overtime Violations

$1,925 $1,964

Family and Medical Leave Act (FMLA): Willful violation of posting requirement

$166 $169

Occupational Safety and Health Act (OSH Act): Serious & other-than-serious violations

$12,675 $12,934

Staying in ComplianceGetting a business into compliance with federal, state, and county labor laws is a daunting task for any employer. Keeping a business in compliance can be a full-time job. There are over 225 government agencies that issue laws and regulations with which employers must comply. Approximately 30% of all state and federal mandated workplace postings alone are revised annually. In addition to this, there are regulations and guidelines that are continually being passed which require employers to make changes to policies and procedures, implement new training, provide employee notifications, make updates to their recordkeeping practices, and other important mandates. Failing to comply with a new or updated law or regulation can result in steep fines, costly lawsuits, and in some cases, jail time.

The following are recommended best practices for employers to keep up-to-date with their federal, state, and county labor laws:

• Have a process in place to stay current on regulation and law updates. This can be in-house personnel or a third party company that provides this service for you.

• Update policies and practices immediately to reflect any new or updated change to laws or regulations.

• Train affected employees any time a new law or regulation applies to your workplace.

• Update any required postings or notifications.

• Consult with a labor law attorney when faced with an issue pertaining to any recent law change.

Approximately 30%

of all state and federal mandated workplace

postings alone are revised annually.

Non-compliance with various labor

laws and regulations can result in

citations & fines.


The Personnel Concepts Approach to Compliance ManagementPersonnel Concepts has led the labor law compliance industry in developing a skilled, knowledgeable, and experienced research team that keeps constant watch on government regulatory changes and updates clients on changing labor law and OSHA requirements. Its “We Pay the Fine” guarantee was an industry first and is still a mainstay of its strong customer service tradition.

Personnel Concepts’ customers have relied on the company’s products and services for the past two decades to protect them from government fines, employee lawsuits, and other costly consequences associated with non-compliance. Businesses throughout the nation have entrusted their compliance to Personnel Concepts, and the company in turn embraces that responsibility by keeping up to date on changing regulations and tailoring a wide variety of simplified solutions including the following formats:

All-on-One SolutionsTo help employers notify employees about their rights under various labor laws, Personnel Concepts has developed an All-on-One notification poster solution. The All-on-One Information Posters include multiple notices to ensure multi-level compliance with general notice requirements and inform employees of their rights and obligations under the law.

Worry-Free Subscription ServicesTo help employers demonstrate good faith compliance with compliance requirements, Personnel Concepts has introduced Compliance Subscription Services. These exclusive subscription packages include required postings and notices needed to comply and automatic updates for a full year when regulatory changes occur. Additionally, subscribers will also receive a quarterly newsletter to keep them abreast of changes in compliance requirements. Personnel Concepts Compliance Service Subscriptions provide a worry-free solution to the problem of always needing to update outdated posting materials.

NIDA Guidebooks and ManualsPersonnel Concepts uses the NIDA approach (Notification / Implementation / Documentation / Administration) in structuring guidebooks / manuals and developing easy-to-use implementation procedures relating to the kit components:

Notification – Information to educate the employer about their legal obligations and risks.

Implementation – Procedures for implementing mandatory compliance efforts, policies, procedures training, and best practices.

Documentation – Tools for recordkeeping and forms for the purposes of documentation.

Administration – Plain language guidance intended to educate the employer on steps to compliance.

Anti-Discrimination Notice. It is illegal to discriminate against any individual (other than an alien not authorized to work in the U.S.) in hiring, discharging, or recruiting or referring for a fee because of that individual’s national origin or citizenship status. It is illegal to discriminate against work eligible individuals. Employers CANNOT specify which document(s) they will accept from an employee. The refusal to hire an individual because of a future expiration date may also constitute illegal discrimination.

If you think discrimination has occurred, call the Office of Special Counsel for Immigration Related Unfair Employment Practices at 1-800-255-7688.

THE AMERICAN POLICY IS OUR POLICY.

SAMPLE

An employee receiving an injury by accident must immediately notify his/her supervisor, superintendent, or the undersigned, who will provide medical attendance. Claim for compensation must be made in writing and given to the employer. Forms for giving notice of injury and making claim for compensation will be furnished by the employer; by the surety, or upon application, by the Industrial Commission in Boise, Idaho.

TO THE EMPLOYER: THIS NOTICE MUST BE POSTED IN

A CONSPICUOUS PLACE UPON YOUR PREMISES.

NOTICEREGARDING WORKERS’

COMPENSATION INSURANCE

Employer

By Employer’s Authorized Agent

ALL WORKERS EMPLOYED BY THE UNDERSIGNED ARE HEREBY NOTIFIED THAT THE EMPLOYER HAS COMPLIED WITH THE LAW AS TO SECURING THE PAYMENT OF COMPENSATION TO EMPLOYEES AND THEIR DEPENDENTS, IN ACCORDANCE WITH THE PROVISIONS OF THE WORKERS’ COMPENSATION LAW.

ICREV 11/94.EMP

Date

YOUR RIGHTS UNDER USERRATHE UNIFORMED SERVICES EMPLOYMENT

AND REEMPLOYMENT RIGHTS ACTUSERRA protects the job rights of individuals who voluntarily or involuntarily leave employment positions to undertake military service or certain types of service in the National Disaster Medical System. USERRA also prohibits employers from discriminating against past and present members of the uniformed services,

and applicants to the uniformed services.

REEMPLOYMENT RIGHTSYou have the right to be reemployed in your civilian job if you leave that job to perform service in the uniformed service and:I you ensure that your employer receives advance written or verbal notice of your service;I you have five years or less of cumulative service in the uniformed services while with that

particular employer;I you return to work or apply for reemployment in a timely manner after conclusion of service;

andI you have not been separated from service with a disqualifying discharge or under other than

honorable conditions.

If you are eligible to be reemployed, you must be restored to the job and benefits you would have attained if you had not been absent due to military service or, in some cases, a comparable job.

RIGHT TO BE FREE FROM DISCRIMINATION AND RETALIATIONIf you:

I are a past or present member of the uniformed service;I have applied for membership in the uniformed service; orI are obligated to serve in the uniformed service;then an employer may not deny you:

I initial employment;I reemployment;I retention in employment;I promotion; orI any benefit of employmentbecause of this status.

In addition, an employer may not retaliate against anyone assisting in the enforcement of USERRA rights, including testifying or making a statement in connection with a proceeding under USERRA, even if that person has no service connection.

HEALTH INSURANCE PROTECTION

IIf you leave your job to perform military service, you have the right to elect to continue your existing employer-based health plan coverage for you and your dependents for up to 24 months while in the military.

IEven if you don’t elect to continue coverage during your military service, you have the right to be reinstated in your employer’s health plan when you are reemployed, generally without any waiting periods or exclusions (e.g., pre-existing condition exclusions) except for service-connected illnesses or injuries.

ENFORCEMENTIThe U.S. Department of Labor, Veterans Employment and Training Service (VETS) is

authorized to investigate and resolve complaints of USERRA violations.IFor assistance in filing a complaint, or for any other information on USERRA, contact VETS

at 1-866-4-USA-DOL or visit its website at http://www.dol.gov/vets. An interactive online USERRA Advisor can be viewed at http://www.dol.gov/elaws/userra.htm.

IIf you file a complaint with VETS and VETS is unable to resolve it, you may request that your case be referred to the Department of Justice or the office of Special Counsel, as applicable, for representation.

IYou may also bypass the VETS process and bring a civil action against an employer for violations of USERRA.

The rights listed here may vary depending on the circumstances. The text of this notice was prepared by VETS, and may be viewed on the internet at this address: http://www.dol.gov/vets/programs/userra/poster.htm. Federal law requires employers to notify employees of their rights under USERRA, and employers may meet this requirement by displaying the text of this notice where they customarily place notices for employees.

Publication Date — October 2008

Space Saver 1ITEM# Y887470-U-Y887564-L ID22763V-0117

This poster is registered with the Library of Congress and may not be duplicated.

©1991-2017 AIO Acquisition, Inc. All rights reserved.

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Personnel Concepts

Equal Employment Opportunity is

THE LAWPrivate Employers, State and Local Governments, Educational Institutions, Employment Agencies and Labor Organizations

Applicants to and employees of most private employers, state and local governments, educational institutions, employment agencies and labor organizations are protected under Federal law from discrimination on the following bases:

RACE, COLOR, RELIGION, SEX, NATIONAL ORIGINTitle VII of the Civil Rights Act of 1964, as amended, protects applicants and employees from discrimination in hiring, promotion, discharge, pay, fringe benefits, job training, classification, referral, and other aspects of employment, on the basis of race, color, religion, sex (including pregnancy), or national origin. Religious discrimination includes failing to reasonably accommodate an employee’s religious practices where the accommodation does not impose undue hardship.

DISABILITYTitle I and Title V of the Americans with Disabilities Act of 1990, as amended, protect qualified individuals from discrimination on the basis of disability in hiring, promotion, discharge, pay, fringe benefits, job training, classification, referral, and other aspects of employment. Disability discrimination includes not making reasonable accommoda-tion to the known physical or mental limitations of an otherwise quali-

fied individual with a disability who is an applicant or employee, barring undue hardship.

AGEThe Age Discrimination in Employment Act of 1967, as amended, protects applicants and employees 40 years of age or older from discrimination based on age in hiring, promotion, discharge, pay, fringe benefits, job training, classification, referral, and other aspects of employment.

SEX (WAGES)In addition to sex discrimination prohibited by Title VII of the Civil Rights Act, as amended, the Equal Pay Act of 1963, as amended, prohibits sex discrimination in the payment of wages to women and men performing substantially equal work, in jobs that require equal skill, effort, and responsibility, under similar working conditions, in the same establishment

GENETICSTitle II of the Genetic Information Nondiscrimination Act of 2008 protects applicants and employees from discrimination based on genetic information in hiring, promotion, discharge, pay, fringe benefits, job training, classification, referral, and other aspects of employment. GINA also restricts employers’ acquisition of genetic information and strictly limits disclosure of genetic information. Genetic information includes information about genetic tests of applicants, employees, or their family members; the manifestation of diseases or disorders in family members (family medical history); and requests for or receipt of genetic services by applicants, employees, or their family members.RETALIATIONAll of these Federal laws prohibit covered entities from retaliating against a person who files a charge of discrimination, participates in a discrimination proceeding, or otherwise opposes an unlawful employment practice.

WHAT TO DO IF YOU BELIEVE DISCRIMINATION HAS OCCURREDThere are strict time limits for filing charges of employment discrimination. To preserve the ability of EEOC to act on your behalf and to protect your right to file a private lawsuit, should you ultimately need to, you should contact EEOC promptly when discrimination is suspected: The U.S. Equal Employment Opportunity Commission (EEOC), 1-800-669-4000 (toll-free) or 1-800-669-6820 (toll-free TTY number for individuals with hearing impairments). EEOC field office informa-tion is available at www.eeoc.gov or in most telephone directories in the U.S. Government or Federal Government section. Additional information about EEOC, including information about charge filing, is available at www.eeoc.gov.

RACE, COLOR, NATIONAL ORIGIN, SEX In addition to the protections of Title VII of the Civil Rights Act of 1964, as amended, Title VI of the Civil Rights Act of 1964, as amended, prohibits discrimination on the basis of race, color or national origin in programs or activities receiving Federal financial assistance. Employment discrimination is covered by Title VI if the primary objective of the financial assistance is provision of employment, or where employment

discrimination causes or may cause discrimination in providing services under such programs. Title IX of the Education Amendments of 1972 prohibits employment discrimination on the basis of sex in educational programs or activities which receive Federal financial assistance.

INDIVIDUALS WITH DISABILITIESSection 504 of the Rehabilitation Act of 1973, as amended, prohibits employment discrimination on the basis of disability in any program or activity which receives Federal financial assistance. Discrimination is prohibited in all aspects of employment against persons with disabilities who, with or without reasonable accommodation, can perform the essential functions of the job.

If you believe you have been discriminated against in a program of any institution which receives Federal financial assistance, you should immediately contact the Federal agency providing such assistance.

Programs or Activities Receiving Federal Financial Assistance

RACE, COLOR, RELIGION, SEX, NATIONAL ORIGINExecutive Order 11246, as amended, prohibits job discrimination on the basis of race, color, religion, sex or national origin, and requires affirmative action to ensure equality of opportunity in all aspects of employment.

INDIVIDUALS WITH DISABILITIESSection 503 of the Rehabilitation Act of 1973, as amended, protects qualified individuals from discrimination on the basis of disability in hiring, promotion, discharge, pay, fringe benefits, job training, classification, referral, and other aspects of employment. Disability discrimination includes not making reasonable accommodation to the known physical or

mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, barring undue hardship. Section 503 also requires that Federal contractors take affirmative action to employ and advance in employment qualified individuals with disabilities at all levels of employment, including the executive level.

DISABLED, RECENTLY SEPARATED, OTHER PROTECTED, AND ARMED FORCES SERVICE MEDAL VETERANSThe Vietnam Era Veterans’ Readjustment Assistance Act of 1974, as amended, 38 U.S.C. 4212, prohibits job discrimination and requires affirmative action to employ and advance in employment disabled

veterans, recently separated veterans (within three years of discharge or release from active duty), other protected veterans (veterans who served during a war or in a campaign or expedition for which a campaign badge has been authorized), and Armed Forces service medal veterans (veterans who, while on active duty, participated in a U.S. military operation for which an Armed Forces service medal was awarded).

RETALIATIONRetaliation is prohibited against a person who files a complaint of discrimination, participates in an OFCCP proceeding, or otherwise opposes discrimination under these Federal laws.

Any person who believes a contractor has violated its nondiscrimination or affirmative action obligations under the authorities above should contact immediately:

The Office of Federal Contract Compliance Programs (OFCCP), U.S. Department of Labor, 200 Constitution Avenue, N.W., Washington, D.C. 20210, 1-800-397-6251 (toll-free) or (202) 693-1337 (TTY). OFCCP may also be contacted by e-mail at [email protected], or by calling an OFCCP regional or district office, listed in most telephone directories under U.S. Government, Department of Labor.

Employers Holding Federal Contracts or SubcontractsApplicants to and employees of companies with a Federal government contract or subcontract are protected under Federal law from discrimination on the following bases:

EEOC-P/E-1 (Revised 11/09)

5/2016

UNEMPLOYMENT INSURANCE BENEFITS

This firm is subject to the Employment Security Law of the State of Idaho.

All employees, except those specifically exempt, are insured for compensation during periods of

involuntary unemployment.

Unemployment Insurance is what the name implies — an INSURANCE paid from the Employment Security Trust Fund, a fund derived

from taxation against the company or employer.

NO PORTION OF THE COST OF THIS PROGRAM IS DEDUCTIBLE FROM YOUR EARNINGS.

Claims for Unemployment Insurance must be filed

online at labor.idaho.gov/claimantportal. Don’t delay or you could lose your benefits.

Claims should be filed immediately after separation.

Idaho Department of Labor 317 W. Main St.

Boise, Idaho 83735-0910 (208) 332-3570

Website: labor.idaho.gov

NOTICE ALL EMPLOYEES

Idaho Department of Labor is an equal opportunity employer.Auxiliary aids and services are available upon request to individuals with disabilities.

Dial 711 for Idaho Relay Service.12/2016

EQUAL OPPORTUNITYIS THE LAW

IT IS IT IS AGAINST THE LAW FOR THIS RECIPIENT OF FEDERAL FINANCIAL ASSISTANCE TO DISCRIMINATE ON THE FOLLOWING BASES:Against any individual in the United States, on the basis of race, color, religion, sex (including pregnancy, childbirth, and related medical conditions, sex stereotyping, transgender status, and gender identity), national origin (including limited English proficiency), age, disability, or political affiliation or belief, or, against any beneficiary of, applicant to, or participant in programs financially assisted under Title I of the Workforce Innovation and Opportunity Act, on the basis of the individual’s citizenship status or participation in any WIOA Title I-financially assisted program or activity.THE RECIPIENT MUST NOT DISCRIMINATE IN ANY OF THE FOLLOWING AREAS: Deciding who will be admitted, or have access, to any WIOA Title I-financially assisted program or activity; Providing opportunities in, or treating any person with regard to, such a program or activity; or Making employment decisions in the administration of, or in connection with, such program or activity.Recipients of federal financial assistance must take reasonable steps to ensure that communications with individuals with disabilities are as effective as communications with others. This means that, upon request and at no cost to the individual, recipients are required to provide appropriate auxiliary aids and services to qualified individuals with disabilities.WHAT TO DO IF YOU BELIEVE YOU HAVE EXPERIENCED DISCRIMINATIONIf you think that you have been subjected to discrimination under a WIOA Title I-financially assisted program or activity, you may file a complaint within 180 days from the date of the alleged violation with either: The recipient’s Equal Opportunity Officer (or the person whom the recipient has designated for this purpose); or The Director, Civil Rights Center (CRC), U.S. Department of Labor, 200 Constitution Avenue NW., Room N-

4123, Washington, DC 20210 or electronically as directed on the CRC Web site at www.dol.gov/crc.If you file your complaint with the recipient, you must wait either until the recipient issues a written Notice of Final Action, or until 90 days have passed (whichever is sooner), before filing with the Civil Rights Center (see address above).If the recipient does not give you a written Notice of Final Action within 90 days of the day on which you filed your complaint, you may file a complaint with CRC before receiving that Notice. However, you must file your CRC complaint within 30 days of the 90-day deadline (in other words, within 120 days after the day on which you filed your complaint with the recipient).If the recipient does give you a written Notice of Final Action on your complaint, but you are dissatisfied with the decision or resolution, you may file a complaint with CRC. You must file your CRC complaint within 30 days of the date on which you received the Notice of Final Action.

To file a complaint with IDOL’s Equal Opportunity Officer, contact:Amy HohnsteinWIOA Equal Opportunity Officer(208) 332-3570 x [email protected]

This poster is guaranteed to be accurate and up-to-date as of the date sold.

CHECK FOR RECENT REVISIONS

Please scan QR code above, or call Customer Service at 800-333-3795, to

see if your poster is up-to-date.

PAYDAY NOTICE

(firm name)

REGULAR PAYDAYS FOR EMPLOYEES OF:

shall be as follows:

o Weekly o Bi-weekly o Monthly oOther _________________

By _______________________________ Title __________________________

Location ___________________________ Day/Time _____________________

Idaho Department of Labor is an equal opportunity employer.Auxiliary aids and services are available upon request to individuals with disabilities.

Dial 711 for Idaho Relay Service.12/2016

EQUAL OPPORTUNITYIS THE LAW

IT IS IT IS AGAINST THE LAW FOR THIS RECIPIENT OF FEDERAL FINANCIAL ASSISTANCE TO DISCRIMINATE ON THE FOLLOWING BASES:Against any individual in the United States, on the basis of race, color, religion, sex (including pregnancy, childbirth, and related medical conditions, sex stereotyping, transgender status, and gender identity), national origin (including limited English proficiency), age, disability, or political affiliation or belief, or, against any beneficiary of, applicant to, or participant in programs financially assisted under Title I of the Workforce Innovation and Opportunity Act, on the basis of the individual’s citizenship status or participation in any WIOA Title I-financially assisted program or activity.THE RECIPIENT MUST NOT DISCRIMINATE IN ANY OF THE FOLLOWING AREAS: Deciding who will be admitted, or have access, to any WIOA Title I-financially assisted program or activity; Providing opportunities in, or treating any person with regard to, such a program or activity; or Making employment decisions in the administration of, or in connection with, such program or activity.Recipients of federal financial assistance must take reasonable steps to ensure that communications with individuals with disabilities are as effective as communications with others. This means that, upon request and at no cost to the individual, recipients are required to provide appropriate auxiliary aids and services to qualified individuals with disabilities.WHAT TO DO IF YOU BELIEVE YOU HAVE EXPERIENCED DISCRIMINATIONIf you think that you have been subjected to discrimination under a WIOA Title I-financially assisted program or activity, you may file a complaint within 180 days from the date of the alleged violation with either: The recipient’s Equal Opportunity Officer (or the person whom the recipient has designated for this purpose); or The Director, Civil Rights Center (CRC), U.S. Department of Labor, 200 Constitution Avenue NW., Room N-

4123, Washington, DC 20210 or electronically as directed on the CRC Web site at www.dol.gov/crc.If you file your complaint with the recipient, you must wait either until the recipient issues a written Notice of Final Action, or until 90 days have passed (whichever is sooner), before filing with the Civil Rights Center (see address above).If the recipient does not give you a written Notice of Final Action within 90 days of the day on which you filed your complaint, you may file a complaint with CRC before receiving that Notice. However, you must file your CRC complaint within 30 days of the 90-day deadline (in other words, within 120 days after the day on which you filed your complaint with the recipient).If the recipient does give you a written Notice of Final Action on your complaint, but you are dissatisfied with the decision or resolution, you may file a complaint with CRC. You must file your CRC complaint within 30 days of the date on which you received the Notice of Final Action.

To file a complaint with IDOL’s Equal Opportunity Officer, contact:Amy HohnsteinWIOA Equal Opportunity Officer(208) 332-3570 x [email protected]

STATE OF IDAHO Idaho Department of Labor

317 W. Main St. Boise, Idaho 83735-0910

IDAHO MINIMUM WAGE LAW SECTION 44-1502, IDAHO CODE: Except as hereinafter otherwise provided, no employer shall pay to any of his employees any wages computed at a rate of less than:

$7.25 PER HOUR AS OF JULY 24, 2009

TIPPED EMPLOYEES: Any employee engaged in an occupation in which he customarily and regularly receives more than thirty dollars ($30.00) a month in tips will be paid a minimum of $3.35 per hour. If an employee's tips combined with the employer's cash wage do not equal the minimum hourly wage, the employer must make up the difference.

OPPORTUNITY WAGE: Employees under 20 years of age may be paid $4.25 per hour during their first 90 consecutive calendar days of employment with an employer.

SECTION 44-1504, IDAHO CODE, EXEMPTIONS FROM MINIMUM WAGE: The provisions of this act shall not apply to any employee employed in a bona fide executive, administrative, or professional capacity; to anyone engaged in domestic service; to any individual employed as an outside salesperson; to seasonal employees of a non-profit camping program; or to any child under the age of sixteen (16) years working part-time or at odd jobs not exceeding a total of four (4) hours per day with any one (1) employer; or any individual employed in agriculture if; such employee is the parent, spouse, child or other member of his employer’s immediate family; or such employee is older than sixteen (16) years of age and is employed as a harvest laborer and is paid on a piece-rate basis in an operation which has been, and is customarily and generally recognized as having been paid on a piece-rate basis in the region of employment, and commutes daily from his permanent residence to the farm on whichhe is so employed, and has been employed in agriculture less than thirteen (13) weeks during the precedingcalendar year; or such employee is sixteen (16) years of age or under and; is employed as a harvest laborer, ispaid on a piece-rate basis in an operation which has been, and is customarily and generally recognized as havingbeen paid on a piece-rate basis in the region of employment, and is employed on the same farm as his parent orperson standing in the place of his parent, and is paid at the same piece-rate basis as employees over the age ofsixteen (16) years are paid on the same farm; or such employee is principally engaged in the range production oflivestock.

SECTION 45-606, IDAHO CODE: All wages due a separated employee must be paid the earlier of the next regularly scheduled payday or within 10 days of separation, weekends and holidays excluded. If the separated employee makes a written request for earlier payment, all wages then due must be paid within 48 hours, weekends and holidays excluded.

The Wage and Hour Section of the Idaho Department of Labor is responsible for the administration of the Idaho Minimum Wage and the Wage Payment Act.

For further information, "A Guide to Idaho Labor Laws" is available at any Idaho Department of Labor office in the state and online at labor.idaho.gov/pdf/wagehour.pdf (English) and labor.idaho.gov/pdf/wagehourspan.pdf (Spanish) or call Kootenai County (208) 457-8789; Boise (208) 332-3570; Pocatello (208) 236-6710, ext. 3659; or Burley (208) 678-5518, ext. 3128. Dial 800-377-3529 for Idaho Relay Service.

NOTICE TO EMPLOYERS: THIS OFFICIAL NOTICE MUST BE POSTED IN A CONSPICUOUS PLACE, IN OR ABOUT THE PREMISES WHERE ANY PERSON SUBJECT TO THE ACT IS EMPLOYED, OR IN A PLACE ACCESSIBLE TO EMPLOYEES (SECTION 44-1507, IDAHO CODE).

EMPLOYMENT OF WORKERS WITH DISABILITIES OR APPRENTICES MUST BE IN CONFORMANCE WITH SECTION 44-1505 AND 44-1506, IDAHO CODE.

FOR ADDITIONAL POSTERS OR INFORMATION, PLEASE CONTACT THE ADDRESS STATED ON THIS BULLETIN OR ACCESS OUR WEBSITE AT http:/labor.idaho.gov

(R. 3/14)

IDAHO HUMAN RIGHTS COMMISSION 317 WEST MAIN STREET BOISE,ID 83735-0660

(208) 334-2873 (208) 334-2664 (FAX)

(888) 249-7025 (TOLL FREE) www.humanrights.idaho.gov

IDAHO LAW PROHIBITS DISCRIMINATION

based on religion, race, color, sex, age, disability or national origin in employment.

7/1/2010

EQUAL OPPORTUNITY IS THE LAW

Idaho and Federal Labor Law Poster Space Saver-1™

EMPLOYEE NOTICE – YOUR RIGHTS ARE PROTECTED: The State of Idaho and the Federal Government have established laws and regulations that protect the rights of employees. As your employer we are conspicuously posting the information that is required by the State of Idaho and the Federal Government to better inform you of your rights as an employee of our company. If you should have any questions regarding these postings, please contact the personnel office or your immediate supervisor.

ID

Job Safety and HealthIT’S THE LAW!

All workers have the right to:

■ A safe workplace.

■ Raise a safety or health concern with your employer or OSHA, or report a work-related injury or illness, without being retaliated against.

■ Receive information and training on job hazards, including all hazardous substances in your workplace.

■ Request an OSHA inspection of your workplace if you believe there are unsafe or unhealthy conditions. OSHA will keep your name confidential. You have the right to have a representative contact OSHA on your behalf.

■ Participate (or have your representative participate) in an OSHA inspection and speak in private to the inspector.

■ File a complaint with OSHA within 30 days (by phone, online or by mail) if you have been retaliated against for using your rights.

■ See any OSHA citations issued to your employer.

■ Request copies of your medical records, tests that measure hazards in the workplace, and the workplace injury and illness log.

Employers must:

■ Provide employees a workplace free from recognized hazards. It is illegal to retaliate against an employee for using any of their rights under the law, including raising a health and safety concern with you or with OSHA, or reporting a work-related injury or illness.

■ Comply with all applicable OSHA standards.

■ Report to OSHA all work-related fatalities within 8 hours, and all inpatient hospitalizations, amputations and losses of an eye within 24 hours.

■ Provide required training to all workers in a language and vocabulary they can understand.

■ Prominently display this poster in the workplace.

■ Post OSHA citations at or near the place of the alleged violations.

FREE ASSISTANCE to identify and correct hazards is available to small and medium-sized employers, without citation or penalty, through OSHA-supported consultation programs in every state.

U.S. Department of Labor

Contact OSHA. We can help.

1-800-321-OSHA (6742) • TTY 1-877-889-5627 • www.osha.gov

OSHA

316

5-04

R 20

15

UNEMPLOYMENT INSURANCE BENEFITSThis firm is subject to the

Employment Security Law of the State of Idaho.All employees, except those specifically exempt, are insured for compensation during periods of


Unemployment Insuranceis what the name implies – an INSURANCE paid from the

Employment Security Trust Fund, a fund derived from taxation against the company or employer.


Claims for Unemployment Insurance must be filedonline at labor.idaho.gov/claimantportal.

Don’t delay or you could lose your benefits.Claims should be filed immediately after separation.

Idaho Department of Labor317 W. Main St., Boise, Idaho 83735-0910(208) 332-3570 • Website: labor.idaho.gov

An Equal Opportunity Employer and Service Provider. Reasonable Accommodations are available upon request. Dial 711 for Idaho Relay Service

5/2016

5/2016

UNEMPLOYMENT INSURANCE BENEFITS

This firm is subject to the Employment Security Law of the State of Idaho.

All employees, except those specifically exempt, are insured for compensation during periods of


Unemployment Insurance is what the name implies — an INSURANCE paid from the Employment Security Trust Fund, a fund derived

from taxation against the company or employer.


Claims for Unemployment Insurance must be filed

online at labor.idaho.gov/claimantportal. Don’t delay or you could lose your benefits.

Claims should be filed immediately after separation.

Idaho Department of Labor 317 W. Main St.

Boise, Idaho 83735-0910 (208) 332-3570

Website: labor.idaho.gov

NOTICE ALL EMPLOYEES

labor.idaho.govIdaho Department of LaborC.L. “Butch” Otter, GovernorKenneth D. Edmunds, Director

1-866-487-9243TTY: 1-877-889-5627

www.dol.gov/whd


WH1088 REV 07/16




NURSING MOTHERS












$7.25 PER HOUR


EMPLOYEE RIGHTS EMPLOYEE POLYGRAPH PROTECTION ACT

The Employee Polygraph Protection Act prohibits most private employers from using lie detector tests either for pre-employment screening or during the course of employment.

PROHIBITIONS

EXEMPTIONS

EXAMINEE RIGHTS

ENFORCEMENT

Employers are generally prohibited from requiring or requesting any employee or job applicant to take a lie detector test, and from discharging, disciplining, or discriminating against an employee or prospective employee for refusing to take a test or for exercising other rights under the Act.

Federal, State and local governments are not affected by the law. Also, the law does not apply to tests given by the Federal Government to certain private individuals engaged in national security-related activities.

The Act permits polygraph (a kind of lie detector) tests to be administered in the private sector, sub-ject to restrictions, to certain prospective employees of security service firms (armored car, alarm, and guard), and of pharmaceutical manufacturers, distributors and dispensers.

The Act also permits polygraph testing, subject to restrictions, of certain employees of private firms who are reasonably suspected of involvement in a workplace incident (theft, embezzlement, etc.) that resulted in economic loss to the employer.

The law does not preempt any provision of any State or local law or any collective bargaining agree-ment which is more restrictive with respect to lie detector tests.

Where polygraph tests are permitted, they are subject to numerous strict standards concerning the conduct and length of the test. Examinees have a number of specific rights, including the right to a written notice before testing, the right to refuse or discontinue a test, and the right not to have test results disclosed to unauthorized persons.

The Secretary of Labor may bring court actions to restrain violations and assess civil penalties against violators. Employees or job applicants may also bring their own court actions.

1-866-487-9243TTY: 1-877-889-5627

www.dol.gov/whdWAGE AND HOUR DIVISIONUNITED STATES DEPARTMENT OF LABOR

WH1462

REV 07/16

THE LAW REQUIRES EMPLOYERS TO DISPLAY THIS POSTER WHERE EMPLOYEES AND JOB APPLICANTS CAN READILY SEE IT.

1-866-487-9243TTY: 1-877-889-5627

www.dol.gov/whd


WH1088 REV 07/16




NURSING MOTHERS












$7.25 PER HOUR


Y887470 Y887564 ID22763V.indd 1 1/20/17 9:24 AM

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