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HR & Employee Care · Internal Policy · Joyner Transportation & Logistic Services

USA Operations Centers Employment Laws & Legal Postings May 2017

Overview

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.

Legal Postings

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.

General Information

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:

Legally Required Postings

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:

Federal Laws | State Laws | Municipal Laws
Age Discrimination in Employment Act (ADEA) | Anti-Discrimination Laws | Anti-Discrimination
Americans with Disabilities Act (ADA) and Americans with Disabilities Act Amendments Act of 2008 See Also, Accommodation Requests under ADA – Employees/Applicants | Anti-Injunction Laws | City Income Tax
Civil Rights Act of 1991 | Arbitration Laws | Employment Privacy Laws
Civil Rights Law (Title VII) | Child Labor Laws | Smoking Restriction Laws
Consolidated Omnibus Budget Reconciliation Act (COBRA) | Disability Laws
Davis Bacon Act | Employee's Facilities Laws
Employment Polygraph Protection Act (EPPA) | Employee Welfare Fund Disclosure Laws
Employee Retirement Income Security Act (ERISA) | Garnishment or Wage Assignment Laws
Employee Rights for Workers with Disabilities Paid at Special Minimum Wages poster (FLSA Section 14 ( c ) Equal Pay Act of 1963 | Illegal Labor Practices Laws (includes time off for voting)
Fair Credit Reporting Act | Minimum Wage Laws
Family and Medical Leave Act (FMLA) | Maximum Hour Laws
Fair Labor Standards Act (FLSA) | Occupational Safety and Health Act (OSHA)
Genetic Information Nondiscrimination Act of 2008 | Federal Minimum Wage and Polygraph Protection Act (WH Publication 1462). Posters may be ordered from your local Department of Labor, Wage and Hour Division or downloaded from the U.S. Department of Labor website at www.dol.gov.
Health Insurance Portability and Accountability Act of 1996 (HIPAA) | Payment of Wages Laws
Immigration Reform and Control Act of 1986 | State Income Tax Laws
Wage and Hour Law, Child Labor Law, and Equal Pay Act | State Labor Relations Acts
Internal Revenue Code | State Unemployment Compensation and Unemployment Insurance Laws
Labor Management Relations Act (Taft-Hartley Act | Workers’ Compensation Laws Note: For state funded states, contact the appropriate state bureau or department to obtain posting notices.
National Labor Relations Act | Telephone Monitoring & Recording Laws
Pregnancy Discrimination Act | Unemployment Insurance
Privacy (Graham-Leach-Bliley Act)
Rehabilitation Act
Restriction on Garnishment (Title III of Consumer Credit Protection Act)
Service Contract Act
Social Security Act
Unemployment Insurance, and National Pension Plan
Uniformed Services Employment and Reemployment Rights Act (USERRA)
Universal Military Training and Service Act - Vietnam-Era Veteran’s Readjustment Assistance Act (VEVRAA)
Walsh-Healey Act
Posting Requirement | Details
Equal Employment Policy | The main text of Joyner's employment philosophy and policy has been reproduced for display. Form #should be displayed at all Joyner locations.
Code of Conduct Poster | Summarizes many of Joyner’s existing policies and practices regarding business conduct. Form should be displayed at all Joyner locations in an area accessible to employees but not the general public.
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