During an interview have you ever asked a potential employee how old they were? Or if they were married? Did you know that both of these questions are illegal to ask a potential employee during an interview? Questions like these that may seem innocent and can be considered typical “getting to know you” type of questions are actually illegal to ask during an interview. It is important to avoid asking these types of questions to potential employees because your organization could become tangled up in a discriminatory hiring practices legal mess or lawsuit.

Questions asked during an interview should focus on the qualifications for the job. Most human resources personnel are aware of qhat constitues an illegal or legal question, but others involved in the interview process may not be. Here are some example of legal and illegal questions:

Legal Questions include:

• What education do you have?
• What experience qualifies you for this job?
• Do you have specific licenses or certifications that pertain to this job?
• Are you willing to travel?
• Do you have a legal right to work in the United States?
• Are you available for overtime?

Illegal Questions include:

• What is your age or date of birth?
• What is your sexual orientation?
• What church do you attend?
• What is your national origin?
• What is your marital status?

In addition to these questions, there are both more legal and illegal questions that can come up during the interview process. Every recruiter, hiring manager, executive, and department manager must realize that asking the wrong interview questions or making improper inquiries can lead to discrimination or wrongful-discharge lawsuits, and these suits can be won or lost based on statements made during the interview process. Be aware of what the potential candidates are being asked during the interview process, and make sure everyone involved in the process is aware of what types of questions can and can not be asked.

For more information, HR Made Simple users should log in and search “interviews.”

The U.S. Department of Labor Wage and Hour Division (WHD) released a new fact sheet on break time in the workplace for nursing mothers under the FLSA. The fact sheet provides general information on the break time requirements for nursing mothers in the Patient Protection and Affordable Care Act (PPACA). These new requirements took effect when the PPACA was signed into law on March 23, 2010. The new FLSA requirement of break time for nursing mothers to express breast milk does not preempt State laws that provide greater protections to employees.

The new fact sheet provides general requirements for employers. Employers are now required to provide “reasonable break time for an employee to express breast milk for her nursing child for one year after the child’s birth each time such employee has need to express the milk.” In addition to this, employers are required to provide “a place, other than a bathroom, that is shielded from a view and free from intrusion from coworkers and the public, which may be used by an employee to express breast milk.”

The new fact sheet also details the time and location of breaks for nursing mothers to express breast milk. The fact sheet states that “…employers are required to provide a reasonable amount of break time to express milk as frequently as needed by the nursing mother. The frequency of breaks needed to express milk as well as the duration of each break will likely vary.”  Since there is no set time for the length of breaks, or how often an employee may take these breaks, it is important to try and be flexible and accommodating and allow the employee to take breaks as needed.

The location that the company or organization provides for the nursing mother to express breast milk must be functional as a space for expressing breast milk, and may not be a bathroom even if it is a private bathroom.  However, the space the company or organization provides for the nursing mother does not have to function solely as a space for expressing breast milk, but it must be available when it is needed in order to meet the statutory requirements.

Employers are not required under the FLSA to provide breaks to nursing mothers who are exempt from the overtime pay requirements of Section 7, but businesses should be aware that they may be obligated to provide such breaks under State laws. In addition to this, employers with fewer than fifty employees are not subject to the FLSA break time requirement if compliance with the provision would impose an undue hardship.

HR Made Simple Users should log in to view additional resources, or for more information visit:

WHD Fact Sheet #73, Break Time for Nursing Mothers under the FLSA

WHD Fact Sheet #22, Hours Worked under the FLSA .

http://www.wagehour.dol.gov

Many small businesses rely heavily on part-time workers, but now having one too many part-time workers could make some small businesses subject to large penalties. The healthcare reform law states that “employers have to offer affordable health insurance to full-time workers or pay a penalty of up to $3,000 per worker, starting in 2014.” Businesses with fifty or fewer workers are exempt from the penalties.

A company’s worker total is determined by combining both full-time and full-time equivalent workers (FTEs), and this is where it starts to get tricky for small businesses. Every 120 part-time hours worked per month equals one Full Time Equivalent worker, no matter how many employees work those 120 hours. For example, if your business has ten part-time employees that work a total of 480 hours in one month, that is equal to four FTE workers. If your business has at least 46 full-time workers, and then have to add the four extra FTE workers to that, your business now has a total of fifty full-time workers. Which means your business would have to offer health insurance to workers or risk facing the $3,000 per full-time worker penalty.

This means that small businesses, such as retail stores and restaurants, who tend to have a high number of part-time workers need to keep close track of the number of hours being worked by part-time employees. For more information read this article. HR Made Simple Users can log in to access additional materials.

The U.S. Department of Labor has issued new rules on disclosing 401(k) and retirement plan fees. The first part is designed to provide employers with information on what they pay for investment options and services. The second part will require employers to provide employees with fee details on their retirement accounts.

The new rules will “enhance disclosure to fiduciaries of 401(k) and other retirement plans. The rill will assist fiduciaries in determining both the reasonableness of compensation paid to plan service providers and any conflicts of interest that may impact a service provider’s performance under a service contract or arrangement.”

These new rules will go into effect one year from now, on July 16, 2011. For more information visit the links provided below.

Fact Sheet

General Information

A new government website that provides healthcare coverage options by State and number of employees for private insurance plans, public programs, and community services is now available. In October, the site will grow to include information on the price of a variety of health insurance plans.

On the Employer section of this website useful information is available, such as: Preventive Care Requirements and a Timeline of What’s Changing and When. The employer sections are broken down by the size of the companies, so both small businesses and large corporations can easily find great information about health care. There is also a section for individuals that addresses a variety of questions, and concerns that most people may have about health care and health insurance.

Visit the New Government Healthcare Website to find all of the information an individual, employee, or employer could need about healthcare. HR Made Simple Users may log in to find sample policies and different state requirements about health care.