Despite 15 years working in the human resource outsourcing industry, the complexity of HR administration never ceases to amaze me! No one starts a business, just so that they can grapple with the myriad laws, regulations, guidelines, recommendations and expectations governing their employees. Yet, State and federal laws direct employers on virtually every conceivable employment interaction, and the expectation exists that employers are aware, and comply, with all of them!
Just to illustrate, there are over 50 regulations governing businesses that employ even one employee!
We thought it would be a good idea to briefly list all the employment requirements of employers, based on the size of their workforce. Most of these laws are probably familiar to all of you, but certainly many are not. We highly advise you create a checklist to review the list below and contact an employment attorney if you have any questions or concerns as to your compliance.
On the other hand, you can contact a Human Resouces Outsourcing firm that will review and approve the list for you. Outsourcing your human resources function enables you to access a team of experts that are familiar with the myriad of laws, can provide hands-on advice and direction, and assume much of the liability that goes with being an employer.
State and Federal Regulations, by Employee Size
Please note: many of the requirements below are for California employers only. Be sure to check the regulations governing your state of business.
One or More Employee
Age Discrimination
Agriculture Labor Relations Act
Applicant Identification Records Act
Change of Status Notification Requirement (State - EDD)
Child Labor Laws (Federal and State)
Civil Rights Act
Confidentiality of Medical Information Act
Corporate Criminal Liability Act
Disability Insurance Coverage - SDI
Domestic Partner Rights
Dress Code Requirements
Drug Free Workplace
Drug Testing - (Federal)
Earned Income Tax Credit Information Act
Economic Espionage Act (Federal)
Employee Invention Rights
Employee Polygraph Protection Act (State and Federal)
Employee Registry - New Hire Reporting
Employment Laws Applicable Regardless of Immigration Status
Equal Pay Act
Equal Pay Act (Federal)
Ergonomics
Fair Credit Reporting Act (Federal and State)
Garnishments - Wage (Federal and State)
Harassment - Age, Sex, Religion, etc
Hazardous Substances Information Training Act
Health Insurance Portability Accountability Act (HIPAA) (Federal)
Health Insurance Premium Payments (Federal)
Immigration Reform and Control Act (Federal)
Injury/Illness Prevention Plans (IIPP)
Insurance Conversion Privileges
Jury/Witness Duty Leave
Lactation, Express Breast Milk Accommodation
Military Duty Leave (State & Federal)
National Labor Relations Act
No Smoking Policy
OSHA
Paid Family Leave
Personnel Records, Employee Review Rights
School Visits for Suspended Child
Sick Leave Usage- for Care of Family
Summary Plan Description and Annual Rep Form 5500's. Required under Federal ERISA
Time off to Vote
Trade Secrets Act
Unemployment Insurance Coverage (State and Federal)
Veterans "Reemployment Law"
Wage & Hour Provisions - DOL (Federal)
Wage and Hours Provisions- IWC Orders
Whistleblower Protection Act
Workers Compensation Insurance Coverage
Two to Nineteen Employees
Cal-COBRA (State)
Four or More Employees
National Origin Discrimination (Federal)
Five or More Employees
Fair Employment Practice Laws
Pregnancy Disability Leave
Fifteen or More Employees
Americans with Disabilities Act (Federal)
Equal Employment Opportunity (Federal)
Twenty or More Employees
Age Discrimination (ADEA) (Federal)
COBRA - (Federal)
California COBRA - continue up to 18 mos at the end of federal COBRA (State)
Twenty Five or More Employees
Victims of Domestic Violence Leave Act
Drug/Alcohol Rehabilitation
Literacy Education for Employees Act
Military Service Benefits - leave for spouse
School Visitation by Parents, Guardians, Grandparents
Fifty or More Employees
California Rights Act (CFRA)
FEHA - Required Sexual Harassment Training (see also one or more employee)
Federal Family Leave and Medical Leave Act (FMLA)
Mental Health Parity Act
Volunteer Firefighters up to 14 days annual leave
Seventy-Five or More Employees
California Layoff Law, Relocations, Terminations, and Mass Layoffs (WARN Act)
After reading through the above list of employment legislation and rules, it becomes abundantly clear that outsourcing HR, is probably an excellent option for most small businesses. Stay in compliance, and earn the peace of mind your business deserves!
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