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Human Resource, Employee Benefits and Risk Management Info

ConsultStu, LLC is committed to the profession of human resources and risk management, and to the improvement of HR and RM practices through information and education. As a resource to our clients, we provide the following information and links.  If you have a suggestion for content, email us.


Family and Medical Leave Act (updated in 2009)
On November 17, 2008, the United States Department of Labor (DOL) published the final version of the new Family and Medical Leave Act (FMLA) regulations, which go into effect on January 16, 2009. The final regulations interpret and implement two new military family leave entitlements for eligible family members, as well as update the regulations under the FMLA.

The Department of Labor's website has the new regulations, the new forms, and guidance for employers and training materials for supervisors.  Click here to see the DOL's FMLA information page.  Update your forms immediately for new FMLA situations.

Click here for an
FMLA policy supplement.

More information is available on the FMLA expansion on 
Jackson Lewis law firm website
 and WilmerHale law firm update.

What's New Spotlight

April 2009 - Health insurance costs heading up again.
March 2009 - DOL issues new COBRA Model notice (ARRA subsidy)
April 2009 - New
I-9 form and the Employer Handbook for completing the I9.
March 2009 - Pro-union Employee Free Choice Act (EFCA) introduced into Congress (article)

Recommendations for 
Personnel File Contents List


Compliance Thresholds for Laws 

1 Employee        Polygraph Protection, FLSA, New Hire Reporting, Immigration (I-9)
                          OSHA, Unemployment Comp, Workers' Comp (construction)
2 Employees       HIPAA, Equal Pay Act
4 Employees       Workers' Comp (general)
10 Employees     FL Whistleblower Protection
15 Employees     FL Civil Rights Act, Title VII, ADA
20 Employees     COBRA, Age Discrimination Act, FL Workplace Safety Act
50 Employees     FMLA, Florida Domestic Violence Leave Law
100 Employees   Worker Adjustment and Retraining Act (WARN); ERISA and 5500 Filing Obligations; EEO-1 Form



Employee Benefits - Resources

Retirement Plans (401k, SEP, SIMPLE)

IRS Compliance Checklist for SIMPLE plans
IRS Compliance Checklist for SEP plans
IRS - Retirement Info Sheets for Employees (payroll stuffers)

Identifying & fixing common problems with 401(k) plans - IRS


Health Insurance

DOL information about HIPAA
Questions and Answers about COBRA from DOL
Fiduciary Education Info for Small Employers (DOL)
New Form 5500 filing for 2009 announced




Recordkeeping Requirements (federal laws)

Record                                   Years Maintained
Advertisements (jobs)            1 year from date of action
Age Certificates                     until termination of employment
Applications, resumes            1 year from date of action
Applicant Testing                   1 year from date of action
COBRA documentation                 no specific requirements (ERISA uses 6 years)
EEO-1 Form                            Current and past year
Employee Beneficiary docs      As long as relevant (see personnel files)
Employee Benefit Plans           1 year after termination of the plan, or system
Employee Exposure Records    30 years
Employee Medical Records       30 years (OSHA testing)
Fair Credit Reporting Act         2 year (statute of limitations for violations)
FICA, FUTA related                 4 years after tax due date, or tax paid (later)
FMLA related                          3 years
HIPAA                                    no mandatory recordkeeping (keep medical info confidential, not in personnel file)
I9 Form                                    3 years, or 1 year after termination (whichever is later)
MSDS sheets                           Chemical list kept for 30 years 
OSHA 300, 301, 300A              5 years, and current year
Payroll Records                       3 years
Personnel Files                        1 year after termination (or until enforcement action concluded)
Polygraph Protection docs        3 years from date administered
Time cards, FLSA                    3 years
W2 forms (and undeliverables) 4 years
Written Training Agreements   Duration of training program

Recordkeeping Requirements (Florida law)

Record                                    Length Maintained
Accident records                      3 years
Discrimination Related             1 year from termination of employment
Drug Free Workplace                1 year from test
DWC-1 forms                           At least 30 months
Unemployment related              At least 5 years
Workers' Comp                         Length of employment, plus 2 years (or until case resolved)


Safety and Health Program Documentation

USF Seven Up Safety Plan
Safety Certification Form
        Length of Policy, plus 3 years


Employee Handbook

Click on the following link to review a Sample Employee Handbook.   If you do not see a policy you are looking for, send an email to info@consultstu.com and request the needed policy.

Sample Employee Handbook


Safety and Risk Management

OSHA PPE regulation - new



Legal Links

Discrimination Law
(Equal Employment Opportunity Commission)
Americans with Disabilities Act (ADA)
Child Labor
Family & Medical Leave Act
Immigration
Social Security Checks
I9 Form and Information
Unions, Elections & Protected Activity
Safety Compliance
OSHA Recordkeeping
National Wage & Benefit Data
Overtime Exemptions (Wage and Hour)

 

HR Related Documents (samples)

Corrective Action Form

Employment Application

Educational Assistance Agreement

Harassment Complaint Form

Last Chance Agreement

New Hire Questionnaire

Offer Letter


Domestic Violence Leave Policy - New!

Medical Questionnaire - New!




Federal and State Employment Law Posters (free downloads)

Florida Agency for Workforce Innovation

Department of Labor - Poster Page



Management Training

Free Management Training Programs
SBA Online Training Courses
U.S. Office of Personnel Management
- Training Policy & Resources


Affirmative Action Plan Resources

Check out a sample - USF's Affirmative Action Plan

Resources to build your own include:
→ 
DOL Regulations and Sample Affirmative Action Plan
→  Census 2000 Data Tools for "EEO-1 Job Categories"
→  EEO-1 Form and Guidelines Booklet
→  Florida Demographic Data from Agency for Workforce Innovation
→  City of Tampa - Affirmative Action Resources



HR Question & Answer Blog

Clients with questions concerning human resources, risk management, safety or benefits can either (1) email ConsultStu through the feedback page, (2) call ConsultStu; or (3) post the question on ConsultStu's client only HR Blog located at
www.consultstuonhr.wordpress.com.  You will need to register with wordpress.com (free).  Please click on the following link for the step by step instructions on how to access the HR Blog. Instuctions for Accessing the HR Blog

By posting your questions on the HR Blog, you will allow your colleagues to share in the solutions to common HR problems and challenges.
 


© 2010 ConsultStu, LLC.  All rights reserved.
P.O. Box 56534 • St. Petersburg, FL 33732-6534 • (727) 488-6965 • Info@consultstu.com

Consulting services and training provided by ConsultStu, LLC is not intended to constitute legal advice.  Any discussion about the laws relating to the workplace is for general information purposes only.  This information should not substitute for obtaining competent legal advice from an attorney licensed in your state.

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