As we quickly move into 2023, Human Resources (HR) managers must be prepared for the challenges that lie ahead. Whether a business is a start-up or a Fortune 500 company, HR should be aware of and regulatory review the items listed below.
- Fair Labor Standards Act [FLSA] applies to all employers. Employers must educate employees regarding wage and hour calculations, as well as speak of US Department of Labor requirements.
- The American with Disabilities Act (ADA) applies to employers with at least 15 employees.
- Employers with 20 or more employees are subject to the ADEA (Age Discrimination in Employment Act). This law prohibits employers from discriminating against applicants over 40 years of age.
- FMLA applies to employers with at least 50 employees, for at least 20 workweeks in the current or preceding calendar year.
- Affordable Care Act (ACA) is effective if a company has 50 employees, which includes the employer shared responsibility provisions and reporting rules for minimum essential coverage.
- AAP (Affirmative Action Program) applies if a company has 50 employees. Employers are required to take active measures to recruit persons in designated classes such as women, minorities, the disabled, covered veterans. Be sure to keep records of AAP hiring programs.
HR compliance is no longer an option. HR and hiring managers must continue to remain updated for laws that change on a local, state and national basis.
Author(s)
Stuart J. Oberman, Esq.
Stuart J. Oberman is the founder and President of Oberman Law Firm. Mr. Oberman graduated from Urbana University and received his law degree from John Marshall Law School. Mr. Oberman has been practicing law for over 30 years, and before going into private practice, Mr. Oberman was in-house counsel for a Fortune 500 Company.
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