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Compensation and Benefits

Consolidated Omnibus Budget Reconciliation Act (COBRA)

Requires employers to provide the opportunity to elect self-paid continuation of health insurance coverage to employees and/or their eligible dependents when coverage under the employer group health plan ends for specific reasons such as: termination of employment, reduction of hours, divorce, death, loss of dependent status, or retirement. 29 USC 1161 et seq.

Equal Pay Act (EPA)

Prohibits an employer from paying employees in equal jobs differently based on gender. Equal jobs mean they require equal skill, effort, responsibility, and are performed under similar working conditions 29 USC 206(d)

Fair Labor Standards Act (FLSA)

Workers who meet the criteria for FLSA’s overtime pay and minimum wage requirements must be paid the minimum wage for each hour worked. FLSA may also require an employer to pay certain employees an overtime premium for any hours worked over 40 in one week. Employees exempt from the law include but are not limited to executive, professional and administrative employees. At Mott, some employees who are exempt on the basis of the law nonetheless receive overtime or comp time under the terms of their collective bargaining agreement.

This law also contains a set of rules prohibiting certain types of child labor. 29 USC 201 et seq.

Health Care Reform - Patient Protection and Affordable Care Act (PPACA):

This comprehensive health care legislation requires changes be made to the current health care system. The law focuses on provisions to expand health insurance coverage for most U.S. citizens and legal residents, control health care costs, and improve the health care delivery system. There are many changes that employers are required to make each year through the year 2018.

Health Insurance Portability and Accountability Act of 1996 (HIPAA)

HIPAA establishes the standards regarding the privacy of individually identifiable health information. HIPAA has two main features of interest in the employment relationship. First, it regulates the denial or delay of health insurance coverage for pre-existing conditions for which the employee was previously covered by insurance (assuming that the employer offers that coverage at all). Second, it limits accessibility to individually identifiable health information to those who must use it for the execution of a business or medical activity.

This law does not prevent the College from requiring an employee to permit access to the employee’s medical records when necessary (for example, to determine an employee’s medical ability to perform his/her job) or as a condition of employment such as verifying medical inability to work. Also, health information held by an employer for employment-related purposes, such as administering sick leave and complying with such laws such as the Family and Medical Leave Act (FMLA), the Americans with Disabilities Act (ADA), workers’ compensation and federal and state health and safety regulations, is not protected health information for purposes of HIPAA. 29 USC 1171, et. seq.

Michigan Minimum Wage Law of 1964

This law is a state law which is similar to the FLSA. It sets a minimum wage and prohibits discrimination in the payment of wages. MCL 408.381 et seq.

Older Workers Benefit Protection Act (OWBPA)

This law applies at Mott when a severance or release agreement is being executed; it provides certain notice requirements to individuals when the severance or release agreement is being executed. 29 USC 626(f)

Payment of Wages and Fringe Benefits Act

In general, the Act prescribes when and how employers are to pay wages and fringe benefits to employees. This Michigan law has four general features. First, it requires employers to establish a regular pay schedule. Second, it prescribes the time period in which wages get paid when someone separates from employment. Third, it prohibits deductions from wages without written consent from the employee. Fourth, while the Act does not mandate an employer to provide employees with any particular fringe benefit, it does require the employer to pay fringe benefits according to the terms set forth in a written contract or written policy. MCL 408.471, et seq.

Public School Employees Retirement Act

This law creates both the Michigan Public School Employees Retirement System (MPSERS) defined benefit program and the Optional Retirement Program (ORP) offered by TIAA-CREF.

Unemployment Compensation/ Insurance

Designed to pay workers who lose their jobs through no fault of their own. If you become unemployed, you may qualify for unemployment insurance benefits. These benefits are intended to provide temporary income as you seek new employment. To be eligible for unemployment benefits, you must be unemployed and able to perform, available for, and actively seeking suitable full-time work.

Weekly Benefit Amount: Maximum is $362

Duration of Benefits: Minimum is 14 weeks; Maximum is 20 weeks

There are two ways to file a claim for unemployment benefits:
1) Telephone 1-866-500-0017
2) Internet

School employees are not eligible for unemployment compensation during school holidays including the spring/summer and winter breaks.

Workers Disability Compensation Act of 1969

Requires employers to provide compensation for work-related injuries or diseases arising out of and in the course of employment without regard to who may be at fault. The act covers physical injuries, occupational diseases, and physical disabilities. Workers compensation is the exclusive remedy for on the job injuries. MCL 418.101 et seq.

Summary of Employment Laws for Employees

February 22, 2018
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