Legal Requirements Relevant to Working in the Industry

The Employee Retirement Income Security Act (ERISA) regulates employers who provide pension or benefit plans to their employees. Title I of the ERISA is administered by the Employee Benefits Security Administration (EBSA) and imposes a wide range of fiduciary, disclosure and reporting obligations on pension and benefit plan trustees and other persons dealing with such plans. These provisions anticipate many similar state laws. Under Title IV, certain employers and plan administrators must fund an insurance plan to protect certain types of pension benefits, with premiums paid to the federal government`s Pension Benefit Guaranty Corporation. EBSA also administers reporting requirements for healthcare continuation required under the Comprehensive Omnibus Budget Reconciliation Act of 1985 (COBRA) and healthcare portability requirements for group plans under the Health Insurance Portability and Accountability Act (HIPAA). Once a job offer has been accepted, the hiring manager guides the new employee through an orientation process where the employee becomes familiar with company policies, standards and expectations, benefit offers, and workplace conditions and procedures. Many companies distribute job descriptions that clearly define an employee`s responsibilities and obligations. In some industries, including healthcare, there are regulations that require employees to sign documents confirming that they have received certain information before working for the company. Once oriented, the new employee must comply with all company policies throughout employment. Employers also have a role to play in reducing abuse by FMLA employees, Kaplan said. As an employer, you should carefully check the reasons given by employees for their leave using an application form and mandatory medical certificates. This will help you determine if an employee`s absence meets the legal standards for FMLA leave.

The Federal Register is a legal journal published every weekday by the National Archives and Records Administration on federal news. It includes federal agency regulations, proposed rules, public announcements, executive orders, proclamations, and other presidential documents. As of January 1, 2017, some employers are required to submit accident or illness data electronically. In this way, OSHA can improve the enforcement of workplace safety requirements and provide valuable online information to workers, job seekers, customers, and the general public. The new rule also prohibits employers from preventing their employees from reporting an injury or illness. If you are an employer who has concerns about incorrect FMLA leave, contact Payroll and Hours with any questions about FMLA compliance and seek advice from your company`s legal and human resources departments. The above is not an exhaustive list of legislation applicable to work-related vehicles. Other relevant laws, such as the transport of dangerous goods by road, construction and quarrying, may also apply to your professional activities. Federal and many state laws specifically protect whistleblowers from employer retaliation for their whistleblowing activities. The employee who raises concerns about illegal acts only needs a bona fide concern and the complaint does not have to result in a conviction to protect him or her from reprisal.

These protections apply to those who complain of discrimination, harassment, occupational safety and health concerns, and employers who violate pay and working time laws. 1.6 To what extent are terms and conditions of employment agreed in collective agreements? Do negotiations generally take place at the company or industry level? The employer must reinstate the employee in the same or an equivalent position that he held before the leave. An equivalent position under the FMLA is one that is virtually identical in terms of compensation, benefits and working conditions. Employers are also prohibited from retaliating against employees who request FMLA leave, exercise their FMLA rights, or otherwise interfere with FMLA rights. In 2013, the Ministry of Labor`s Office of Federal Contract Compliance Programs enacted two rules to strengthen protection against discrimination for veterans and persons with disabilities: the Vietnamese-era Veterans Rehabilitation Assistance Act and Section 503 of the Rehabilitation Act. The affirmative action requirements for affected federal contractors and subcontractors came into effect in 2014 and include measurable hiring targets, record keeping and data tracking obligations. Yes, various federal, state, and local laws protect employees from discrimination in the workplace. Federal labor laws prohibit employers, employees, and applicants from discriminating on the basis of race, color, sex, pregnancy, religion, national origin, disability, genetic information, or age.