Wednesday, February 1, 2012

Small Business Legal Regulations: Human Resource Compliance ...

Dealing with employment issues, Human Resource and Compliance departments are barraged with acronyms and terms related to legal and regulatory guidelines. When those acronyms and terms stem from various legal areas, business owners and HR departments can be overwhelmed by the myriad of terms affecting their small business. Terms such as Admiralty, EEOC, EU, NLRA, Treaty and UCMJ can materially affect employment.

Raymond A. Parker, SPHR, Senior Vice President ? Human Resource Consulting with SOI, a leading U.S. professional employer organization (PEO) notes, ?Most employers are familiar with U.S. employment law and keep current on state and local requirements. These are highly publicized, often well established and are common topics of conversation at work and among other employers and industry organizations. More often than not, and somewhat to their surprise, employers encounter requirements of other areas of law. This may occur when moving work to a different geographic area, e.g. non-Right To Work states, embarking upon new business lines, when employees organize, with demographic changes, e.g. when hiring Native Americans, etc. Interaction between these systems is complex and can require experienced, competent HR and legal counsel. PEOs help employers thread through legal systems regulating work in the U.S.?

HR and legal experts of PEOs can help with the following areas:

?Maritime law (Admiralty) governs activities at sea or in any navigable waters. In the U.S., federal courts have jurisdiction over maritime law. Under admiralty, the ship?s flag determines the source of law.

?Employment law (EEOC)

?International law (EU) historically comprises rules and principles governing the relations and dealings of nations with each other. Recently the scope of international law is being redefined to include relations between states and individuals, and relations between international organizations. Business globalization is highlighting this area of law.

?The National Labor Relations Act (NLRA) protects the rights of employees and employers, encourages collective bargaining and curtails certain private sector labor and management practices. The National Labor Relations Board (NLRB) functions in this area commonly referred to as ?union activity?.

? Sovereignty (Treaty) is a state?s power to do everything necessary to govern itself, such as making, executing, and applying laws; imposing and collecting taxes; making war and peace; and forming treaties or engaging in commerce with foreign nations. The hospitality industry is expanding in this area of law as it deals with Sovereign Nations represented by Native American groups in gaming across the U.S.

?Military law (UCMJ) applies to all branches of the U.S. military and bringing cases to military courts. Employers are beginning to learn more about UMCJ as the U.S. returns military personnel to the workforce. Some returning veteran workers may express their ?understanding of guidelines as carried out in the service? and how they feel such can apply to civilian jobs. And some employees approach employers to assist with coordinating Veterans Affairs benefits and employer-sponsored healthcare benefits.

Prudent employers engage the resources and services of professionals with the knowledge, skill and ability to deal effectively and in a compliant manner with different legal systems involved in work. PEOs can be a valuable partners in this endeavor.

To learn how SOI can offer your business human resource compliance support, contact us today.

About SOI
SOI is a leading professional employer organization (PEO) for small and medium-sized businesses (SMBs) serving as a trusted partner in integrated human resource (HR) compliance, risk management, employee benefits, employment practices liability insurance (EPLI), and payroll processing. SOI is based in Charlotte, NC and supports tens of thousands of worksite employees throughout the U.S. For more details, visit: human resource compliance.

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Source: http://soipeo.wordpress.com/2012/01/31/small-business-legal-regulations-human-resource-compliance/

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