How to PEO’s Protect Us from Fines and Penalties from the DOL and from E.R.I.S.A. Violations?
You are going to get sued as an employer – that is the world, unfortunately. Running a business with employees is really hard and the state, federal and even local laws continue to carry more enforcement and bigger penalties – and that’s before we get into form violations in PTO, overtime, sex discrimination, pay discrimination, 1099 vs. w-2 suits, Job offers, ACA reporting, etc.
PEOs actually protect you from most of this – their HR and legal staff are there to help you avoid these suits (even class-action suits). They protect you three ways actually; The Call – how do I fire this person without getting sued, The Documents – policies and documents in place in advance to pre-empt suits and protect you, and actual HR lawsuit insurance protection called EPLI coverage. Lastly, they don’t just do it because they say they will like some vendor – they are actually liable also and will be sued along with you, so they have skin in the game to protect both you and themselves.
How do they protect you from all of this? Training! A PEO will help you build a plan and put into place the proper protocols and training your employees need to avoid any lawsuits and manager harassment. It’s important for every single employee to understand what constitutes discrimination and harassment and how to properly report concerns, BUT your managers should spend a lot more time learning about anti-discrimination and harassment best practices.
Many PEOs offer Equal Employment Opportunity (EEO) training, or workplace discrimination training, for managers and employees, as well as ongoing HR support as part of their services they provide your company.
When EEO Training is completed your employees should be able to name the protected categories under Title VII of the Civil Rights Act:
- Race
- Color
- National origin
- Gender discrimination
- Religion
- Sexual harassment
And also understand:
- Retaliation discrimination (including whistleblower retaliation)
- Disability/Americans with Disabilities Act (ADA)
- Equal Pay Act
- Age Discrimination in Employment Act
- Genetic Information Non-Discrimination Act
- Any state or local fair employment practice laws
We want to avoid discriminatory comments in the workplace, corporate discrimination, workplace harassment by a manager and we cannot stress enough that training is the way to do that. We know you are busy trying to run your business and that is where your focus should be. A PEO will implement all of this training for you so you can successfully focus on the thing you do best. Don’t get sued. Don’t Get held responsible. Get quotes from multiple PEOs and find the right fit for you and your employees. Read more about what a PEO can provide you and your company.
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Read about the new E.R.I.S.A. Court Ruling that could make you personally liable.
Read about the New Executive Order Addressing Healthcare Issues.
DOL Penalties increased for 2019
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