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). HR managers must ensure fair treatment of employees working in the company. Any complaint of discrimination, unfair treatment, abuse, humiliation and sexual exploitation or harassment is usually addressed to the Human Resources Department. Therefore, HR must have a thorough knowledge of protective laws to take the necessary action and effectively manage fair treatment. He or she must know how to serve justice in the company and maintain the healthy work environment by obeying the law and taking legal action if necessary. Read free legal information on reputable government websites to get an accurate idea of human resource management laws. While equal employment opportunity laws aim to ensure equal treatment in the workplace, affirmative action requires the employer to make additional efforts to recruit and promote persons belonging to a protected group. Positive action includes specific measures to eliminate the current effects of past discrimination.
HR professionals with legal expertise also have a competitive advantage in the workplace due to their ability to proactively minimize a company`s exposure to legal risk. With their working knowledge of applicable laws and their practical applications, they help companies stay compliant and avoid unnecessary claims while protecting the rights of valued employees. « In my law classes, students don`t just memorize laws, because [laws change] and] what they learn today may not be applied in six months. Instead, we work to establish critical thinking skills and work within a fact model to see how HR professionals can apply the law to facts in various real-world scenarios. Four different federal agencies administer and administer the Americans with Disabilities Act. Title I of the ADA prohibits local governments, state governments, labor unions, employment agencies, and private employers from discriminating against qualified persons with disabilities in hiring, the application process, promotion, termination, job training, compensation, and other privileges, conditions, and conditions of employment. The ADA only applies to employers who employ at least 15 people. The employer must also provide reasonable accommodation to the person with a disability, provided that it does not cause undue hardship to the operation of the business. Employees are also protected by the Equal Employment Opportunity Commission (EEOC), established by the Civil Rights Act of 1964, Title VII.
The EEOC`s mandate has been expanded to give it primary enforcement authority for the following laws: A fundamental understanding of your organization`s recruitment and selection process, such as Title VII of the Civil Rights Act of 1964, is fundamental. Undertakings employing at least 15 employees shall be subject to the provisions of Title VII; However, if you have fewer than 15 employees, it is in your best interest to adhere to fair employment practices. In recruitment, this means that you offer equal opportunities to candidates regardless of skin color, national origin, race, religion or gender. The same applies to persons with disabilities who are protected by the Americans with Disabilities Act of 1990. To the extent that a candidate can perform the essential duties of the job, your company cannot refuse to hire a person with a disability or who you believe has a disability. personnel law; refer to U.S. state and federal laws that govern human resource management and employment matters.4 min read We covered almost every legal aspect of a human resources worker`s job and why the law is an integral part of the employment profile of human resources managers. Therefore, it is crucial that hiring managers familiarize themselves with state and federal labor laws and labor rights. MBA courses and training for human resources professionals include a rigorous study of the laws to effectively run a business and its employees.
According to Hyde, while it is useful to know current and specific case law, what is most important for success is the ability to think critically to solve business problems. These professionals are responsible for frequently making decisions in the field that can have serious legal consequences, so knowing current human resources laws gives these industry workers the confidence to make those decisions or know when to turn to outside counsel. Failure to comply with any of the laws listed above may result in penalties against the employer or even result in an action for damages against the employer. Compliance with various labor laws can take various forms, such as: providing proof of insurance, filing reports, or taking timely action to identify a law that is not being followed. Therefore, it is imperative for any human resources professional not only to know what behavior is required to ensure that a law is followed, but also to know how to demonstrate compliance and keep adequate records to protect a business. Keeping track of compliance laws and their requirements can help prevent problems long before they occur and ultimately ensure the safety of every employee in the company. Three sensitive legal areas with which managers must comply are equal opportunities, affirmative action and sexual harassment, which are described in the following sections. These areas, along with other legislation, affect all human resources practices. Another area of legislation to protect worker safety is workers` compensation legislation. These regulations describe the administration of disability programs for federal employees injured on the job. However, people who work for private companies or state governments are protected by regulations dictated by state workers` compensation committees.
It also ensures that companies act within the law and do not engage in illegal activities, even if they are not intentional. Managers must be in contact with regulators to deal with the company and ensure enforcement. Human resources should guide employers and company employees to understand the laws and work within the boundaries to maintain a legal work environment. The Wages and Hours Division also enforces the labor standards provisions of the Immigration and Nationality Act that apply to aliens authorized to work in the United States.