(Published June 23, 2008)
I'm preaching to the choir here, or at least I hope I am, but did you ever stop to think about how much HR has to know to effectively do its job? The problem is that management often doesn't realize this, and they put someone into the HR function that really doesn't know what they need to know. Frequently, it's either the office manager or the controller that's given the HR responsibilities, and it's catch as catch can whether or not they are familiar with all the various laws that an effective HR representative needs to be aware of.
This is, of course, not the fault of the poor office manager or controller, but I would also suggest that they then need to be proactive about learning what they need to know. I've received several questions in the past two weeks that anyone who's working in HR really should have known. The problem, as I see it (having come into HR through a combination of Benefits and office management myself), is that initially you don't really know what you don't know. I shudder to think what mistakes I might have made because I didn't know enough to ask the right questions.
To that end, here is a partial list of topics that anyone involved in HR should make themselves familiar with:
The Fair Labor Standards Act: The FLSA is the primary rule regarding the payment of employee wages. At the very least, anyone performing an HR function should be familiar with the four major “white collar” exemptions, any of the minor exemptions that might be relevant to your industry, and when overtime is due (in the large majority of situations, after 40 hours of work in a week).
COBRA: If you offer health insurance to your employees and you have 20 employees or more, you need to be familiar with health insurance continuation laws. Assuming that you are an eligible employer, COBRA needs to be offered to employees who leave for just about any reason short of gross misconduct (this presumes that the employee is covered under the health insurance plan at the time they leave). COBRA also applies when an employee remains employed but loses coverage (some exceptions apply).
Family and Medical Leave Act: If you have 50 or more employees in a 75-mile radius, you need to be familiar with the FMLA, and the FMLA can be confusing. I won't even attempt to drill it down into detail due to space limitations, but the FMLA is heavily weighted on the side of the employee. If you even think that FMLA might be invoked, it's best to provide the forms and get the doctor's opinion as to whether the employee qualifies for protected leave or not.
Americans with Disabilities Act: Many inexperienced HR reps attempt to correlate the ADA with FMLA. However, they are two different laws with two different functions. The FMLA provides leave; the ADA provides accommodations so that an employee who has a permanent or long-term disability can work. Not all employees who qualify for the FMLA will qualify for the ADA, and vice versa. You can't assume that if one applies, the other will, as well.
I-9s: Completed I-9 forms are required for all active employees hired after November 6, 1986. You also need to have an I-9 on file for many terminated employees. Too many small employers don't even realize these are required.
Relevant state laws: Depending on what state you are in, there might be a relevant state law affecting any of the above. Some states have more generous overtime laws; require health insurance continuation for smaller employers; have state versions of FMLA; have differing definitions of a disability compared to the ADA; or have additional work authorization requirements. You need to be aware of and be in compliance with both federal and state law.
There are plenty of places to get help in interpreting such laws, but the first step is knowing what you have to interpret!
Catherine Bannon is an HR consultant in Marshfield, MA (catherine.bannon@gmail.com). Bannon worked for 10 years in HR management before starting her consulting practice.
Home
