What do all the Compliance Acronyms (ADA;COBRA;FMLA etc.) mean?

HIPPA
The Health Insurance Portability and Accountability Act regulates employer sponsored group health plans, insurance companies and health maintenance organizations. Regulations affect issues such as pre-existing conditions, discrimination on the basis of health status, renewability of coverage and access to individual health insurance.

COBRA
The Consolidated Omnibus Budget Reconciliation Act is a Federal requirement that ensures a temporary extension of health insurance for former employees. Complicated in design, COBRA compliance is an arduous task of administration and paper pushing. Often times, employers subject themselves to risk by 'forgetting' to send a seemingly unimportant notification.

FMLA
The Family and Medical Leave Act of 1993 (FMLA) requires companies with 50 or more employees to allow eligible employees to take up to 12 weeks of unpaid leave within any 12 month period.

OSHA
Every employer is required by law (Labor Code 6400) to provide a safe and healthful workplace for his/her employees. These safety standards are governed by OSHA, The Occupational Safety and Health Administration. As an employer you must ask yourself if you have a safe enough workplace? Do you have the documents necessary to meet OSHA requirements?

FLSA
The Fair Labor Standards Act sets minimum wage, equal pay, record keeping and child labor standards. The DOL spends considerable time scrutinizing employee status, part-timers, independent contractors and temps.

EEOC
Equal Employment Opportunity Commission. When it comes to discrimination and wrongful termination, nothing is clearly defined for an employer. An employer's conduct in the workplace is most often times open to interpretation. Across the nation, juries are increasingly finding in favor of the alleged "victims."

ADA
The American's with Disabilities Act makes it illegal for employers to discriminate against people with disabilities in regards to any and all employment practices. With one out of every six Americans having a disability, a businesses risk is great in this area.

SEXUAL HARASSMENT
A genuine concern of employers, sexual harassment has become one of the most widely publicized issues in the workplace today. No business is immune to sexual harassment charges.

RECORDS RETENTION
Federal record keeping requirements are extensive and often repetitive, but it is not simply an onerous, unimportant task. In the case of an employee complaint or lawsuit, good records are your best defense. An employer must be able to answer common questions like, "Which records?" and "For how long?"

SECTION 125
Section 125, regulated by both the Department of Labor (DOL) and the Internal Revenue Service (IRS), allows employees to contribute premiums for medical coverage on a pre-tax basis. Commonly referred to as a "Cafeteria Plan," Section 125's can produce huge fines and tax penalties, becoming a major liability if not installed and maintained properly.

 

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