Which Federal Employment Laws Apply to My Company?

 Provided by Clark & Associates of Nevada, Inc.

This is a good question and can be complicated! There are a number of different federal employment laws that have their own rules for covered employers. Employers should be aware of the federal employment laws that may apply to their company.

An employer’s size, or number of employees, is a key factor in determining which federal employment laws the employer must comply with. Some federal laws, such as the Equal Pay Act, apply to all employers, regardless of size. However, other laws, such as the Family and Medical Leave Act, only apply to employers that reach a certain employee count. Also, some federal laws, such as COBRA, include exclusions for certain types of employers (for example, churches).
This Compliance Overview provides a high-level overview of key federal employment laws and explains which employers they apply to. Most states also have their own labor and employment laws. This summary does not address state labor laws, and it also does not address additional compliance requirements for companies that contract with the federal government or businesses in specific industries.

Links and Resources

  • DOL’s “FirstStep Employment Law Advisor,” which helps companies determine which labor laws apply to their business
  • DOL’s webpage, which includes links to each state’s labor office
  • EEOC’s compliance resources for employers and small businesses

    HIGHLIGHTS

    EMPLOYERS OF ALL SIZES

    • Equal Pay Act
    • Fair Labor Standards Act
    • Occupational Safety and Health Act
    • Immigration Reform and Control Act
    • Employee Retirement Income Security Act (ERISA)

    BASED ON EMPLOYEE COUNT

    • Family and Medical Leave Act
    • Fair employment laws, such as the Americans with Disabilities Act and the Title VII of the Civil Rights Act
    • Consolidated Omnibus Budget Reconciliation Act (COBRA)
    • EEO-1 reporting
FEDERAL EMPLOYMENT LAWS
Law Brief Description Covered Employers
Age Discrimination in Employment Act (ADEA) Prohibits employers from discriminating against employees or applicants who are age 40 or older based on their age. Private-sector employers with 20 or more employees and state and local governments
Americans with Disabilities Act (ADA) Prohibits employers from discriminating against qualified individuals with disabilities in all employment practices, such as recruitment, compensation, hiring and firing, job assignments, training, leave and benefits. All employers with 15 or more employees
Consolidated Omnibus Budget Reconciliation Act (COBRA) Requires employer-sponsored group health plans to offer continuation coverage to eligible employees and their dependents when coverage would otherwise be lost due to certain events (for example, a termination of employment). Private-sector employers with 20 or more employees that sponsor group health plans. Most group health plans sponsored by state and local governments are also covered.

Group health plans sponsored by churches are exempt.

Consumer Credit Protection Act (CCPA) Protects employees from discharge because their wages have been garnished for any one debt and limits the amount of an employee’s earnings that may be garnished in any one week. All employers, regardless of size
Employee Polygraph Protection Act (EPPA) Prohibits employers from using lie detector tests, either for pre-employment screening or during the course of employment, with certain exceptions. All employers, regardless of size

Does NOT apply to federal, state and local governments

Employee Retirement Income Security Act (ERISA) Sets minimum standards for employee benefit plans, including retirement plans, such as 401(k) plans, and welfare benefit plans, such as group health plans. All private-sector employers, regardless of size, that maintain employee benefit plans. Government and church employers are exempt.
EEO-1 Report The Employer Information Report EEO-1 (commonly known as the EEO-1 Report) requires employers to submit employment data categorized by race/ethnicity, gender and job category to the EEOC. Private-sector employers with 100 or more employees.

State and local governments, primary and secondary school systems, institutions of higher learning and tax-exempt private membership clubs other than labor organizations are exempt from this reporting requirement.

Equal Pay Act (EPA) Employers must provide equal compensation to men and women who perform equal work within the same workplace. Virtually all employers are covered, regardless of size.
Fair Labor Standards Act (FLSA) Establishes minimum wage, overtime, recordkeeping and child labor standards for employers. Virtually all employers are covered, regardless of size.
Family and Medical Leave Act (FMLA) Requires employers to provide eligible employees with unpaid, job-protected leave for specified family and medical reasons. Private-sector employers with 50 or more employees, public agencies (for example, state and local governments), the federal government and local educational agencies
 Genetic Information Nondiscrimination Act (GINA) Prohibits employers from discriminating against employees or applicants based on their genetic information. All employers with 15 or more employees
Immigration Reform and Control Act (IRCA) Employers are prohibited from hiring and retaining employees who are not authorized to work in the United States. Employers and employees must complete the Form I-9 (Employment Eligibility Verification Form). All employers, regardless of size
Occupational Safety and Health Act (OSH Act) Requires employers to provide a safe workplace for their employees. Coverage is provided through either the federal Occupational Health and Safety Administration (OSHA) or by an OSHA-approved state job safety and health plan. Virtually all private-sector employers, regardless of size

Workers at state and local government agencies are NOT covered by federal OSHA but are protected under the OSH Act if they work in states that have OSHA-approved state programs.

Pregnancy Discrimination Act (PDA) Prohibits workplace discrimination based on pregnancy, childbirth or related medical conditions. All employers with 15 or more employees
Title VII of the Civil Rights Act Prohibits employers from discriminating in the workplace based on race, color, religion, sex or national origin. All employers with 15 or more employees
Uniformed Services Employment and Reemployment Rights Act (USERRA) Prohibits employers from discriminating against individuals on the basis of membership in the uniformed services with regard to any aspect of employment.

 

All employers, regardless of size
Worker Adjustment and Retraining Notification (WARN) Act Employers are required to provide a 60-day advance notice to employees of imminent covered plant closings and covered mass layoffs. Private-sector employers with 100 or more employees. Regular federal, state and local government entities that provide public services are NOT covered.

As always, please feel free to call our office at 775-828-7420 or contact us if you have any questions about the above content.

 

 

 

 

July is National UV Safety Month

Here’s what you need to know!

VISION CARE: UV PROTECTION

The sun releases energy, called radiation, in various forms: in the sunlight you see, the heat you feel and the invisible ultraviolet (UV) rays that cause you to get sunburned. UV rays from the sun can also damage your eyes and hurt your vision.

Dangers of UV Rays

There are two types of UV radiation: UVA rays and UVB rays. UVB rays are more likely to cause sunburn, but UVA rays penetrate deeper. Exposure to either can damage your eyes. Long-term exposure to UV rays can result in eye problems that may lead to vision loss from conditions like cataracts or macular degeneration. Other dangers include skin cancer (around the eyelids) and corneal sunburn. Long hours at the beach or ski slope without proper eye protection can cause corneal sunburn, which can be very painful and may cause temporary vision loss.

Exposure Risk Factors

Everyone is at risk for eye damage from UV radiation. The risk of sun-related eye problems, however, is higher for people who:

  • Spend long hours in the sun
  • Have had cataract surgery or have certain retina disorders
  • Are on certain medications, such as tetracycline, sulfa drugs, birth control pills, diuretics and tranquilizers that increase the eye’s sensitivity to light.

Proper Eye Protection

Adequately protecting your eyes from the sun, and other elements like wind or water, is crucial to maintaining your vision and eye health.

  • Use everyday eyewear that absorbs UV rays. All types of eyewear, including prescription and nonprescription glasses, contact lenses and lens implants, should absorb UVA and UVB rays. For UV protection in everyday eyewear, there are several options like UV-blocking lens materials, coatings and photochromic lenses.
  • Select the right sunglasses. Sunglasses help in two important ways: they filter light, and they protect the eyes from damaging UV rays. Look for labels that state they block 99-100 percent of UVA and UVB rays. They should also reduce glare, protect your entire eye area, be comfortable to wear and don’t distort color.
  • Wear a brimmed hat or cap. A wide-brimmed hat or cap will block about half of UV rays, and also limit UV rays that hit the eyes from above or around glasses.

If you have any questions about the above content, please contact us at 775-828-7420 or email us. Happy Summer!

Live Well Work Well Newsletter- July 2018

Health and Wellness Tips Brought to you by: Clark & Associates of NV

Myth Busted: Sweating More Doesn’t Necessarily Mean You Burned More Calories

Many people wrongly believe that how much you sweat indicates how effective your workout was. How much you sweat during a workout is due to a variety of factors such as weight, gender, age, genetics, temperature and even fitness level.

For example, men tend to sweat more than women, younger people tend to sweat more than older people and fit people tend to sweat more than those who are less fit.

So remember, don’t use sweat as an indicator for how intense your workout was. Instead, track your heart rate, level of muscle soreness and amount of progress seen to evaluate whether or not your workouts are effective.

WHO Calls for a Ban on Artificially Produced Trans Fat

The World Health Organization (WHO) says that the artificially produced trans fats found in junk and fried foods contribute to more than 500,000 preventable deaths annually. That’s why the WHO has released REPLACE, a guide for governments to eliminate industrially produced trans fat in their countries. Their goal is to remove all artificially produced trans fats from the global food supply by 2023.

What exactly is trans fat?

Trans fat is vegetable fat that has been chemically altered by a process called hydrogenation. This process turns healthy fat into a solid, unhealthy fat that is worse for you than saturated fat. Trans fats boost low-density lipoprotein (LDL or bad cholesterol) levels and can increase your risk of heart disease by 21 percent.

What can you do now to avoid eating and drinking trans fats?

The WHO’s campaign was launched mid-May 2018 and is in its early stages, which means it might take some time to see changes in the United States. In the meantime, you can read nutrition labels and look at the amount of saturated fat and trans fat per serving.

It’s also important to check the ingredient list, which is different from the nutritional label. Ingredient information is listed from greatest to smallest amounts, so if partially hydrogenated oils or high fructose corn syrup are listed as the first few ingredients, choose another product.

To learn more about trans fats and their health effects, click here.

Lemon Velvet Supreme

2 cups fat-free vanilla yogurt

3 Tbsp. instant lemon pudding mix

4 graham crackers (crushed)

½ cup mandarin orange slices (drained)

PREPARATIONS

1.       Combine vanilla yogurt and pudding mix. Stir until combined.

2.       Layer bottom of serving dish with crushed graham crackers.

3.       Immediately pour pudding mixture over cracker crumbs.

4.       Top with mandarin oranges.

 

Makes: 6 servings

Nutritional Information (per serving)

Total Calories 138
Total Fat 1 g
Protein 4 g
Carbohydrates 29 g
Dietary Fiber 0 g
Saturated Fat 0 g
Sodium 189 mg
Total Sugars 23 g

 

Source: USDA

 

 

Snack Smart, Save Money, Time and Calories

It’s completely normal to snack throughout the workday. While it can be tempting to opt for the fast, easy (but unhealthy) option, taking a minute to snack smart can save you time, money and calories. Keep the following three tips in mind to help you snack smart at the office.

  1. Take a break. When you reach for your snack at work, don’t eat it while working. Instead, take a quick break to eat your snack uninterrupted to avoid overeating.
  2. Meal prep your snacks. One of the best ways to avoid impulsively purchasing unhealthy snacks from the vending machine is to pre-portion your healthy snacks at the beginning of the week and bring them with you to work.
  3. Think about macronutrients. Try to combine macronutrients (protein, fat and carbohydrates) at each snacking session. Doing so will help you feel satisfied and full until it’s time for your next meal.

Click here to learn about nutritionist-approved healthy snack options.

Snacks with 100 Calories or Less

Here are some great snack options that come in portion sizes of 100 calories or less:

String Cheese – Opt for an individually wrapped piece of string cheese to get your fill of protein and calcium at less than 100 calories per serving.

Popcorn – Available in 100-calorie individual servings, you can get a good amount of whole grains from this tasty snack.

Nuts – Unsalted nuts and seeds have many beneficial nutrients to keep you feeling full. Check portion sizes to keep your calories under 100.

 

 

IRS Announces HSA Limits for 2019

On May 10, 2018, the IRS released Revenue Procedure 2018-30 to announce the inflation-adjusted limits for health savings accounts (HSAs) and high deductible health plans (HDHPs) for 2019. These limits include:

  • The maximum HSA contribution limit;
  • The minimum deductible amount for HDHPs; and
  • The maximum out-of-pocket expense limit for HDHPs.

These limits vary based on whether an individual has self-only or family coverage under an HDHP.

The IRS limits for HSA contributions will increase for 2019. The HDHP maximum out-of-pocket limits will also increase for 2019. The HSA contribution limits will increase effective Jan. 1, 2019, while the HDHP limits will increase effective for plan years beginning on or after Jan. 1, 2019.

ACTION STEPS

Because the cost-sharing limits for HDHPs will change for 2019, employers that sponsor these plans may need to make plan design changes for plan years beginning in 2019. Also, if an employer communicates the HSA contribution limits to employees as part of the enrollment process, these enrollment materials should be updated to reflect the increased limits that apply for 2019.

HSA/HDHP Limits

The following chart shows the HSA and HDHP limits for 2019 as compared to 2018. It also includes the catch-up contribution limit that applies to HSA-eligible individuals who are age 55 or older, which is not adjusted for inflation and stays the same from year to year.

Type of Limit 2018 2019 Change
HSA Contribution Limit Self-only $3,450 $3,500 Up $50
Family $6,900 $7,000 Up $100
HSA Catch-up Contributions (not subject to adjustment for inflation) Age 55 or older $1,000 $1,000 No change
HDHP Minimum Deductible Self-only $1,350 $1,350 No change
Family $2,700 $2,700 No change
HDHP Maximum Out-of-pocket Expense Limit (deductibles, copayments and other amounts, but not premiums) Self-only $6,650 $6,750 Up $100
Family $13,300 $13,500 Up $200

Click Here to Download the Full Article: IRS Announces HSA Limits for 2019

As always, if you have any questions, please feel free to contact our office at 775-828-7420.

WHO Calls for Elimination of Trans Fat by 2023

Click Here download the full article: WHO Trans Fat Ban

On May 14, 2018, the World Health Organization (WHO) announced their plan to urge governments worldwide to eliminate the use of artificially produced trans fat by 2023. According to the WHO, artificially produced trans fats found in junk and fried foods contribute to more than 500,000 preventable deaths annually.

What is “trans fat” exactly?

Trans fat is vegetable fat that has been chemically altered by a process called hydrogenation. Trans fats boost low-density lipoprotein (LDL or bad cholesterol) levels and can increase your risk of heart disease by 21 percent.

What does the WHO’s plan look like?

The WHO’s plan, REPLACE, is an action package that provides a step-by-step guide for eliminating trans fat from the global food supply. REPLACE supports governments to ensure the swift and complete removal of trans fats from foods.

REPLACE is a six-step action plan, with the action areas including:

  1. Review dietary sources of artificially produced trans fat and the landscape for policy change.
  2. Promote the replacement of unhealthy trans fats with healthier substitutes.
  3. Legislate or enact laws to eliminate artificially produced trans fat.
  4. Assess and monitor the amount of trans fat content in the food supply and consumed by the population.
  5. Create awareness of the negative effects of trans fat among lawmakers, businesses and the public.
  6. Enforce compliance with policies and regulations.

What can you do now to avoid eating and drinking trans fats?

The WHO’s campaign is in its early stages, which means it might take some time to see changes. In the meantime, you can read nutrition labels and look at the amount of saturated fat and trans fat per serving. It’s also important to check the ingredient list, which is different from the nutritional label.

To learn more about trans fats and their health effects, click here.

 

Active Shooter and Workplace Violence Workshop

On May 10, 2018, we hosted an All-Hazards Approach to an Active Shooter and Workplace Violence Training. Here’s what you missed!

In this two-part training, we discussed:
• Keeping Your Employees, Customers and Business Safe
• Code Compliance
• Loss and Liability Reduction
• Staff Organization and Coordination for Emergencies
• Controlled Evacuation, Lock-down and Staff Accountability Procedures
• Recovery and Business Continuity

The goal for both Phase I and Phase II will provide successful methods to develop a policy, plans and implementation and a response in the event of a traumatic situation in the workplace.

Phase I was held on May 10, 2018 and Phase II will be held on June 7, 2018. Time and location for Phase II will be TBA.

Presenters:

Retired Reno Police Chief Steve Pitts and Retired U.S. Navy Seal Chuck O’Connor.

Steve Pitts PhotoChuck2_DSC8500_DSC8501_DSC8502_DSC8504_DSC8505_DSC8506_DSC8507_DSC8510_DSC8513_DSC8515_DSC8516

April is Oral Cancer Awareness Month

Oral Health is important for everyone to stay on top of!

By age 17, nearly 80 percent of American children experience tooth decay and more than 51 million school hours are lost each year due to dental-related illness.

 DENTAL CARE: ORAL HYGIENE

Oral health problems—ranging from cavities to cancer—are painful and costly, affecting millions of people each year. This is alarming because almost all oral diseases can be prevented with the proper knowledge and prevention techniques.

Tooth Decay

For children, cavities are a common problem that can strike at an early age. Untreated cavities can cause pain and infection, which can lead to difficulty eating, speaking, playing and learning.

Tooth decay is also a problem for adults, especially for the increasing number who retain most of their teeth throughout their lives. In addition, tooth loss can become an issue as adults get older. Tooth loss can affect self-esteem and may contribute to nutrition problems by limiting the types of food that someone can eat.

In addition, poor oral hygiene can lead to a number of diseases and conditions, including gum disease, oral cancer and more.

Prevention

Keep your oral health in good shape by practicing the following:

  • Drink fluoridated water and use fluoride toothpaste. Fluoride’s protection against tooth decay works at all ages.
  • Take care of your teeth and gums. Thoroughly brushing and flossing can reduce dental plaque and prevent gingivitis—the mildest form of gum disease.
  • Avoid tobacco. In addition to the many other health risks posed by tobacco, smokers have four times the risk of developing gum disease as non-smokers. Tobacco use in any form—cigarette, pipe or smokeless spit tobacco—increases the risk for gum disease, oral and throat cancers, and an oral fungal yeast infection called candidiasis. Spit tobacco containing sugar also increases the risk of tooth decay.
  • Limit alcohol consumption. Heavy use of alcohol is also a risk factor for oral and throat cancers. When used alone, alcohol and tobacco are risk factors for oral cancers, but when used in combination the effects are even greater.
  • Eat wisely. Adults should avoid snacks with sugars and starches. Limit the number of snacks eaten throughout the day. The recommended five-a-day helping of fiber-rich fruits and vegetables stimulates your salivary flow to aid in the re-mineralization of tooth surfaces with early stages of tooth decay.
  • Visit the dentist regularly. Check-ups can detect early signs of oral health problems and can lead to treatments that will prevent further damage, and in some cases, reverse the problem. Professional tooth cleaning, called prophylaxis, is also important for preventing oral problems, especially when self-care is difficult.
  • If you have diabetes, maintain control of the condition. This will help prevent complications from the disease, including an increased risk of gum disease.
  • Ask your doctor if other drugs may be substituted if your medications produce a dry mouth. If dry mouth is unavoidable, drink plenty of water, chew sugarless gum and avoid tobacco and alcohol.
  • Have an oral health check-up before beginning cancer treatment. Radiation to the head or neck and chemotherapy can cause problems for your teeth and gums. Treating existing oral health problems before cancer therapy may help prevent or limit oral complications or tissue damage.