USA Operations Centers Employment Laws & Legal Postings May 2017
Changes by Legal Services and Compliance & Ethics Services (ECE), regarding how Joyner is notified of new or amended laws, along with enterprise alignment of the Human Resources Services structure have resulted in changes to processes and policies regarding legal compliance, and related required legal postings. Federal, state and municipal employment laws are numerous, and may require or prohibit certain actions by employers.
Legal Services is notified of new or amended laws through a variety of sources, including attorneys in Legal Services, State Counsels, and other research services.
The Corporate Human Resources Compliance Unit disseminates information about new or amended laws to the HR divisions, and determines if business practices, policies or procedures need to be changed in order to be compliant with new legal requirements. This is accomplished through the Legislative/Regulatory Risk Oversight Coordinator role in Compliance Services. The Risk Oversight Coordinator will:
Coordinate compliance efforts for the department related to new or amended laws and regulations.
Receive updates and requirements related to new or amended laws and regulations.
Provide information as needed for each new or amended law or regulation for which the department receives notice.
HR Division Compliance Representatives serve as initial points of contact for the Risk Oversight Coordinator. The Compliance Representatives will engage appropriate division subject matter experts (SMEs) to review new or amended laws/regulations, and determine appropriate action to ensure compliance.
It should be noted that HR subject matter experts (SME) may also become aware of new or amended legislation, before they are contacted by Legal Services or Compliance Services and (Ethics). In these situations, the SME is encouraged to communicate their information to Corporate Law and/or ECE as appropriate, so joint consultation may occur to guarantee Joyner’s compliance with new legal requirements.
Some federal, state, and municipal employment laws will require each location to display certain postings that describe:
Employees’ rights
Duties incumbent upon the employer
Channels for handling complaints
These legal posting notices may be posted in various locations:
In the Human Resources Department reception area
On bulletin boards
In other locations where applicants and employees have ample opportunity to observe them
Changes in legal posting requirements resulting from new or amended laws and regulations will be coordinated by an outside vendor, which will service all Joyner locations nationwide. The vendor will be responsible for 1) monitoring legal posting requirements in all locations in which Joyner conducts business; 2) identifying and communicating new posting requirements to designated facility contacts in the impacted jurisdiction; 3) producing and shipping new or revised posters to the impacted locations, in sufficient time to meet all legal requirements.
The HR Compliance area acts as a centralized point of contact with the vendor, providing the vendor with information such as updated facility listings and changes in facility contacts, in addition to coordinating any day-to-day activities or questions.
HR Policy SMEs, working with Legal Services, Compliance Services and (Ethics), and HR Compliance staff will partner with their division/department leadership to communicate appropriately within Human Resources about:
New federal, state or municipal laws
Changes to any existing federal, state or municipal laws
Current existing employment-related laws at the Federal, State and Municipal levels include, but are not limited to the following:
Some examples of legally required postings related to Employment Law include, but are not limited to the following:
Equal Employment Opportunity Is the Law
Fair Employment Practices
Workers’ Compensation
For those states requiring an annual renewal of the Workers’ Compensation posting notice, the Risk Management Services sends the posting notice to the designated Human Resources contacts in April of each year. The Human Resources contacts make copies and distribute them, along with instructions to post in conspicuous places, to all Joyner locations.
Monopolistic States In a few states (North Dakota, Ohio, Washington, Wyoming) coverage is provided by a monopolistic state fund. The workers’ compensation division administers the state fund. The requisite posters or certificates from these states are provided to the identified contacts each year.
Oregon Once a posting notice is received, it remains valid (without the need to update the posting) as long as the policy remains active.
Wisconsin Does not require workers’ compensation notices.
Any questions about Workers’ Compensation notices should be directed to Risk Management Services.
E-Verify
Joyner is required to inform current and prospective employees of their legal rights and protections. Joyner hiring locations are required to post – in English and Spanish - notices provided by the Department of Homeland Security, indicating Joyner participates in this program, as well as the “Right to Work” poster issued by the Office of Special Counsel for Immigration-Related Unfair Employment Practices.
Occupational Safety and Health Act (OSHA)
Job Safety & Health Protection Poster Posters may be ordered from local Departments of Labor, Occupational Safety Division, or downloaded from the Department of Labor website at http://www.dol.gov/. Employers may post either Form 2203 or the new Plain Language version, Form 3165. Both versions comply with OSHA requirements.
In addition to legally required postings, Joyner has various internal posting requirements as well. These requirements are: