Reference Desk
Information Every Business Needs to Know
HR & Benefits Advisor
September 2008

 

In This Issue

What's New
Employee Testing & Background Checks
Religious Discrimination
Small Business Roundup

What's New on Our Site

 

We have added many new downloadable forms, tools and posters as well as a comprehensive section on retirement planning. The new forms and tools, which can be found in the 'Forms Section' of the website, include:  

 

'Workplace Safety Posters' which includes 27 new posters and signs -- a great resource for protecting employees.

 

New section under 'Miscellaneous HR Forms' called 'Employee Performance Evaluation & Self Assessment' Forms -- these 7 new forms are excellent tools for evaluating employee performance.

 

'Compensation and Salary Forms & Calculators' under 'Miscellaneous HR Forms' -- these 4 calculators provide valuable support in calculating compensation.

 

In addition, you'll find great information about retirement planning in a new section called 'What You Should Know About Your Retirement Plan' in the 'Financial Planning' area of the website.  

 

Topics covered include:

  • Different types of retirement plans 
  • When and how to receive retirement benefits
  • What to do if you have a question or find a mistake
  • The responsibilities of those who manage the plan and its investments
  • Specific circumstances such as how a divorce or change of employer ownership may affect retirement benefits.

HR & Benefits Essentials Wins Major Awards for Content Excellence 

 
HR & Benefits Essentials (www.HRandBenefits.com), has received awards for content excellence in the 2008 APEX Awards and 2008 Magnum Opus Awards.

APEX, the Annual Awards for Publication Excellence, is an international competition that recognizes outstanding publications from newsletters and magazines to annual reports, brochures and web sites.  The Magnum Opus Awards competition, sponsored by ContentWise and managed in conjunction with the University of Missouri School of Journalism, honors excellence in editorial content, design and strategy in custom publishing.
  

In the 20th Annual APEX Competition, the HR & Benefits Essentials team was honored under the category of 'Web & Intranet Site Content & Writing.' The entries were judged on "excellence in graphic design, editorial content and the success of the entry in achieving overall communications effectiveness and excellence."

 

The Magnum Opus Awards, honored HR & Benefits Essentials with a Gold Medal for 'Best How-To Article' and a Bronze Medal for 'Best Series of Articles'. Other winners of this prestigious award included A.M. Best Company, Habitat for Humanity and the Walt Disney Company.

 

Employee Testing and New Hire Background Checks

Federal law generally does not require employers to conduct background checks. There are certain laws that will apply if and when a background check is conducted. These include the Fair Credit Reporting Act (FCRA) and its state counterparts, if any (depending upon the particular state).

For certain jobs, however, the law may make certain background checks mandatory. For example, certain occupations that involve transportation and those that involve contact with children, the elderly or disabled persons may require a check of criminal records.

Immigration laws also require employers to verify a person's eligibility for employment.

U.S. employers must check to make sure all employees, regardless of citizenship or national origin, are allowed to work in the United States. If an employee is not a citizen or a lawful permanent resident, he/she may need to apply for an Employment Authorization Document (EAD) to prove the employee may work in the United States.

USCIS issues Employment Authorization Documents (EAD). For more information on this process, see USCIS.

The Fair Credit Reporting Act

The Fair Credit Reporting Act (FCRA) (15 U.S.C. §§1681 et seq.) sets the national standard for employment background checks. Many states expand the FCRA protections for employees and potential new hires.

For information on user and furnisher obligations under the FCRA, see:
For additional information, see the FTC page on the FCRA. (FTC en Español).

EEOC Issues Compliance Assistance on Religious Discrimination

New EEOC Compliance Manual Section Addresses Wide Range of Contemporary Workplace Issues


WASHINGTON -- The U.S. Equal Employment Opportunity Commission (EEOC) has issued a new Compliance Manual Section regarding workplace discrimination on the basis of religion.


The Section includes a comprehensive review of the relevant provisions of Title VII of the Civil Rights Act of 1964 and the EEOC's policies regarding religious discrimination, harassment and accommodation. The EEOC also issued a companion question-and-answer fact sheet and best practices booklet. All three documents are available on the agency's web site at www.eeoc.gov.

"Title VII of the Civil Rights Act of 1964 seeks to ensure that applicants and employees enjoy the freedom to compete, advance and succeed in the workplace, irrespective of their religious beliefs," said EEOC Chair Naomi C. Earp. "This Compliance Manual Section serves as a valuable resource for employers, employees, practitioners and EEOC staff seeking information on Title VII's prohibition against religious discrimination."

The Section addresses what constitutes "religion" within the meaning of Title VII; disparate treatment based on religion; the requirement to reasonably accommodate religious beliefs and practices; religion-based harassment; and retaliation. The Section also provides guidance on the sometimes complex workplace issues involved in balancing employees' rights regarding religious expression with employers' need to maintain efficient, productive workplaces.

The EEOC issued this section in response to an increase in charges of religious discrimination, increased religious diversity in the United States, and requests for guidance from stakeholders and agency personnel investigating and litigating claims of religious discrimination.

Religious discrimination charge filings with the EEOC nationwide have risen substantially over the past 15 years, doubling from 1,388 in Fiscal Year 1992 to a record level of 2,880 in FY 2007.

The EEOC enforces federal laws prohibiting employment discrimination. Further information about the Commission is available on its web site at www.eeoc.gov.
 
[Source: EEOC Press Release, July 22, 2008] 

Small Business Roundup

IRS revises voluntary correction program for retirement plans 

IRS issued updated guidance on the voluntary correction program for employee retirement plans - the Employee Plans Compliance Resolution System.

New page on IRS Website highlights business provisions of the economic stimulus payments 
A new page on IRS.gov is devoted exclusively to the business provisions of the Economic Stimulus Package and includes links to two ESP videos.

 

Tax Information for Small Businesses 
The IRS offers videos on a variety of topics that are dedicated to helping small business.  Please click here to view IRS's online Small Business Tax Workshops.

OSHA's "Safety Pays" program provides planning tool for businesses 
OSHA has developed a new interactive tool, the Safety Pays program, to help employers approximate the costs of occupational injuries and illnesses and the estimated impact on a company's profitability.

In addition, OSHA's electronic Compliance Assistance Tool provides employers with guidance for developing and implementing a comprehensive safety and health program.
 
Common Retirement Plan Mistakes
The IRS features a very helpful listing and explanations for how to fix common retirement plan mistakes.
 

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