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Q: We have 100 employees. Are we required to complete an EEO-1 form?
A: Employers who have 100 or more employees are required to complete the EEO-1 report by Sept. 30. In addition, federal
contractors with 50 or more employees and with contracts of $50,000 or more are also required to file. The reporting period
is any one pay period from July, August or September of the survey year.
Since the EEOC has no method to track how many employees are in your company, the employer must initiate filing. First-time
filers should contact the Joint Reporting Committee (JRC) by phone at;757-461-1213
or visit the JRC web site: http://eeoc.gov/eeo1survey/
The site has an online form for first-time filers to complete so they can be assigned an identification number and fill
out the EEO-1 form. The web site contains everything an employer needs to know about filing this form, in easy-to-read language.
Happy filing!
Employers with multiple sites might be required to file multiple reports. Employers with locations with 50 or more employees
will be required to complete an EEO-1 form for each location, as well as a consolidated report that includes all locations
and the company headquarters. If a company has locations with less than 50 employees, it will be required to file a consolidated
report, as well as provide a list showing the name, address, total employment and major activity for each establishment.
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HR-ARM Applied Resource Management
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HR - FAQ: Frequently asked questions
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Email your question to us here at HR-ARM
8 Questions To Ask When Considering An Instrument
1. Is it fully researched with a solid base of theoretical or empirical research?
2. Is it valid?
Does it measure what it says it measures?
3. Does it claim to do more than the instrument is
capable of doing?
4. Is it scaled for today's current workforce?
Recently developed or revised?
5. How is it administered, scored, and interpreted?
6. Is it reliable?
Does it yield comparable data over a period of time?
7. Does it engage the learner by giving the person more information about him/herself that brings additional meaning and
understanding?
8. Is the information confidential?
And, does it provide a non-threatening environment for the learner to respond?
Q. Why conduct an employee satisfaction survey?
A. To accurately and objectively assess the employee relations climate of your organization. A survey helps to pinpoint
areas and strength and weakness. And gives you a tool for assessing key areas such as communications, supervisory effectiveness.
Furthermore, the survey provides you with baseline data and benchmarks for future comparisons.
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Q: What laws are we required to comply with once we reach the 50 employee threshold?
A: Once an employer reaches the 50 employee threshold they are responsible for complying with most of the employment regulations.
The following breakdown should be helpful.
Employers with at least 1 employee must comply with:
Fair Labor Standards Act (FLSA)
Employee Polygraph Protection Act
Immigration Reform & Control Act (IRCA)
Equal Pay Act
Federal Income Tax Withholding
Uniformed Services Employment & Re-employment Rights Act of 1994
Federal Insurance Contribution Act (FICA)
National Labor Relations Act (NLRA)
Consumer Credit Protection Act
Labor Management Relations Act
Uniform Guidelines for Employment Selection Procedures
Employment Retirement Income Security Act (ERISA)
Employers with 11 or more employees also need to comply with:
Occupational Safety & Health Act (OSHA Illness/Injury Recording and Reporting Requirements)
Employers with 15 or more employees must also follow;
Pregnancy Discrimination Act
Americans with Disabilities Act
Civil Rights Act of 1964
Employers with 20 or more employees also need to comply with:
Age Discrimination in Employment Act
Consolidated Omnibus Budget Reconciliation Act (COBRA)
Employers with 50 employees or more also need to comply;
Family Medical Leave Act (FMLA)
Employers with 100 or more employees must comply with the:
Worker Adjustment Retraining Notification Act (WARN)
And must complete and report the EEO-1 form to the EEOC
(Executive Order 11246, requires federal contractors with 50 or more employees and $50,000 in government contracts must
also file EE0-1 report each year).
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Q: I have heard that it is a bad idea to use the term probationary period. What is that about?
A: Having a probationary period can weaken an employer claim that employment is at-will. Probationary periods are commonly
thought of as a specified period during a new employee's first few months in which the employee can be terminated at any time.
At-will employment is a common law concept that allows employees and employers to terminate the employment relationship at
any time for any reason, except for reasons that are specifically prohibited by law or by contract.
However, some courts have found a problem with employers with probationary periods. The employers imply that while employees
can be terminated for any lawful reason during the probationary period, employees are entitled to retain employment after
that period unless the employer can show just cause for the termination.
Employers can avoid this implication by removing all references to probationary periods and including at-will disclaimers
in employment applications, offer letters and the employee handbook.
Some employers have a practice or policy of having an introductory period,or an orientation period during which the employee
is being trained and is continuing to be assimilated into the organization through formal and informal means. Often, the employee
and the supervisor meet to establish performance goals at the end of the orientation period. Employers who use introductory
periods need to avoid implying that it will be harder for employees to be terminated after the designated period is over.
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