BCOR 3000 Chapter 24 BCOR 3000 Chapter 24 cont dd cont Professor Michael Maciszewski Professor Michael Maciszewski Esquire Esquire November 17 2015 November 17 2015 Agenda Agenda Employment Immigration and Labor Law Employment Immigration and Labor Law cont d d cont 1 1 Worker Health and Safety Worker Health and Safety 2 2 Income Security Income Security 3 3 Employee Privacy Rights Employee Privacy Rights Worker Health and Safety Worker Health and Safety Occupational Safety and Health Act FLSA federal statute enacted in 1970 which is the primary legislation protecting employees health and safety Requires employers to keep workplaces safe Prohibits employers from firing or discriminating against any employee who refuses to work when he she believes a workplace is unsafe Establishes industry specific safety standards Requires employers to keep illness and injury records OSHA compliance officers may enter and inspect facilities of OSHA covered employers Employees may file complaints of violations Worker Health and Safety cont d d Worker Health and Safety cont Workers compensation laws state statutes that establish an administrative procedure for compensating workers injured on the job Instead of suing the employer the injured employee files a claim with an administrative agency or board that administers local workers compensation claims Most workers compensation statutes are similar No state covers all employees Enable employers to purchase insurance from private insurers or a state fund to pay workers compensation benefits in the event of a claim Also enables employers to be self insured i e employers that show an ability to pay claims Worker Health and Safety cont d d Worker Health and Safety cont Requirements for receiving workers compensation laws 1 2 course of Existence of an employment relationship Accidental injury that occurred on the job or in the employment regardless of fault Injuries during commute typically do not count Injured employee must promptly Notify employer i e within 30 days File workers compensation claim i e 60 days 2 years from date injury is noticed not when it occurred Relinquishes right to sue employer unless intentional harm Income Security Income Security Federal and state governments participate in insurance programs designed to protect employees and their families by covering the financial impact of Retirement Disability Death Hospitalization Unemployment Income Security cont d d Income Security cont Social Security Act federal statute which provides for old age retirement survivors and disability insurance Federal Insurance Contributions Act FICA federal statute which requires employers and employees to contribute or pay in to help pay for benefits that will partially make up for the employees loss of income on retirement Basis for contributions is employee s annual wage up to certain amount which is adjusted each year Employer withholds the employee s FICA 6 contribution from the employee s wages and 6 matching contribution from employer Retired workers are then eligible to receive monthly payments from Social Security Administration which administers Social Security Act Income Security cont d d Income Security cont Medicare federal government health insurance program that is administered by the Social Security Administration for people 65 years of age and older and some under 65 years of age who are disabled Now offers additional coverage options and prescription drug plan Similar to Social Security contributions both employer and employee contribute to Medicare Unlike Social Security there is no cap on amount of wages subject to the Medicare tax 1 45 of all wages by employer plus 1 45 of wages by employee Self employed persons pay both the employer and the employee portions of the Social Security and Medicare taxes Income Security cont d d Income Security cont Private Pension Plans Employee Retirement Income Security Act ERISA federal statute enacted in 1974 which regulates employee retirement plans Created the Pension Benefit Guaranty Corporation PBGC an independent federal agency to provide timely and uninterrupted payment of voluntary private pension benefits when plans fail to certain amount which is adjusted each year Does not require employers to establish a pension plan When a plan exists however ERISA specifies standards for its management including investment of funds and record keeping requirements Income Security cont d d Income Security cont Unemployment Insurance Federal Unemployment Tax Act FUTA federal statute enacted in 1974 which regulates employee retirement plans Created state administered system that provides unemployment compensation to eligible individuals Under this system employers play into a fund and the proceeds are paid out to qualified unemployed workers To be eligible for unemployment benefits a worker must be willing and able to work Workers who have been fired for misconduct or who have Typically have to be actively seeking employment but voluntarily left their jobs are not eligible for benefits that requirement was relaxed during recession Income Security cont d d Income Security cont Consolidated Omnibus Budget Reconcilitation Act COBRA federal statute enacted in 1985 which requires employers to continue health care coverage for workers after their jobs have been terminated when they are then no longer eligible for their employers group health insurance plans Requires employee to pay the premiums under COBRA Only workers fired for gross misconduct are excluded from protection under COBRA Income Security cont d d Income Security cont Employer Sponsored Group Health Plans Health Insurance Portability and Accountability Act HIPAA federal statute which regulates employer sponsored group health plans Restricts the manner in which covered employees collect use and disclose the health information of employees and their families Employers must ensure that employees health information is not disclosed to unauthorized parties Employer can be subject to criminal prosecution for certain types of HIPAA violations Employee Privacy Rights Employee Privacy Rights BEWARE if your employer provides you with an electronic device cell phone laptop or tablet for ordinary business use your employer can intercept business communications made on it As a starting point employer is not permitted to monitor your personal communications HOWEVER employer can have you waive this protection May require employees to sign form indicating they