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Staying On Top Of Regulations With Sage Abra HRMS

 

If your organization is operating under the assumption that government regulations and reporting requirements are only for larger organizations, you could be non-compliant. Many regulations govern companies with as few as 15 employees, and some even apply to organizations with just one. Simply complying is not enough—your organization is required to maintain records that prove it.

In this article, we’ll take a look at some of the many regulations impacting organizations of your size and show how Sage Abra HRMS provides the tools to help keep your company in compliance.

 
 


Civil Rights And EEO Laws

 
 

In 1972 the Equal Employment Opportunity Act (EEO) expanded on the principles of the Civil Rights Act to include protection against discrimination based on gender or religion. Non-discrimination rules apply to the hiring, retention, promotion, transfer, demotion, dismissal, or referral of employees. Organizations with 100 or more employees must file a Form EEO-1 annually.

Employers are required to maintain records that reflect non-discrimination against any individual with respect to compensation, terms, conditions, or privileges of employment because of an individual’s race.

The Civil Rights Act of 1991 requires employers with 15 or more employees to maintain records that reflect non-discrimination with respect to compensation, terms, conditions, or privileges of employment because of an individual’s race, color, religion, sex, or national origin.

Fines for violators can be stiff. Careful and conscientious employment practices and good record keeping are your best defense. The Sage Abra HR module can store all the necessary data reflecting non-discrimination. A number of standard EEO reports are available, including New Hire, Headcount, Promotions, and Veterans’ Employment.

 
 


Fair Labor Standards Act

 
 

The Fair Labor Standards Act (FLSA) requires employers with two or more employees and annual sales over $500,000 to maintain records of employment and earnings. The following information must be saved for two years: additions or deductions from wages, certificates of ages; wage rate tables; and work time schedules.

Records must be retained for three years that detail each employee’s daily work schedule, individual contracts and bargaining agreements, hourly rate of pay for any week that a nonexempt person worked overtime, record of hours worked on a daily and weekly basis with total earnings for nonexempt employees, and actual wages paid and deductions taken.

The Sage Abra HR and Payroll modules can work in concert to track and report hours worked, overtime, actual wages and deductions, and all the details associated with the FSLA. Be sure to retain historical records or backups of your data for the required periods of time.

 
 


Family Medical And Leave Act

 
 

The Family Medical Leave Act (FMLA) requires employers to approve up to 12 unpaid work weeks during any 12-month period for qualifying events, and to prove that no detrimental action was taken as a result of an FMLA request. The Act requires documentation be retained to track the FMLA request, dates, disposition, and other details, including Form WH-380 Certification of the Health Care Provider and Form WH-381—Employer Response to Employee Request for Family or Medical Leave.

The Sage Abra HR module enables you to record and report on the reason for the leave, the event date, the date you received medical certification, a second recertification date, the name and relationship of the family member for whom the leave is requested, and notes.

If you are using the Sage Abra Attendance module, you also can track the individual days an employee is off work in association with FMLA leave.

 
 


OSHA

 
 

The mission of the Occupational Safety and Health Administration (OSHA) is to prevent workplace injuries, illnesses, and death. Since its inception in 1971, the agency has made real progress—occupational deaths have been halved and workplace injuries have declined by 40 percent.

Employers with over 10 employees, who engage in interstate commerce must preserve records of occupational injuries and illness for five years. Incidents must be reported within six working days, and an annual summary of occupational injuries and illnesses must be submitted on the appropriate forms. The death of one or more employees or hospitalization of five or more employees must be reported to the area director of OSHA within 48 hours. OSHA Forms 300, 300A, and 301 are used to comply with the reporting requirements.

On the OSHA screen in the Sage Abra HR module, you can maintain detailed records of workplace accidents or injuries. The Detail page contains tabs for Case, Location, Incident, Treatment, and Worker’s Compensation.

Also in the Sage Abra HR module are several reports that provide the data needed for correct filing with state and federal agencies. The OSHA Incidents Analysis view provides an accounting of injuries and the associated costs during a specific time period.

 
 


COBRA And HIPAA

 
 

The Consolidated Omnibus Budget Reconciliation Act (COBRA) and Health Insurance Portability and Accountability Act (HIPAA) protect terminating employees by requiring health care providers to make available and provide notification of continuation of benefits in a timely fashion.

COBRA applies to group health plans maintained by employers with 20 or more employees in the prior year.

HIPAA requires group health plans to furnish a statement of the individual’s prior creditable health coverage when an individual loses coverage under the plan. The Department of Labor issued a model statement that employers can use to comply with the Act’s employee notification requirements. This statement is incorporated into the notification form produced by the Sage Abra HR module. In addition to automated, personalized notification letters describing coverage options and costs, Sage Abra HR provides billing statements, mailing labels, and complete eligibility reports for COBRA management. It also produces a Certificate of Coverage report showing proof of previous health insurance for HIPAA compliance.

 
 


Immigration Reform And Control Act

 
 

Employers must obtain written certification from new employees stating that they are legally authorized to be employed in the United States. The employer must independently verify the employee’s identity and employment eligibility within three days of hire. Every employee must complete Form I-9 and employers must file it within three business days of the employee’s hire date.

On the Sage Abra HR Status screen, you can record the date you completed the I-9 form. You also can record a Reverification Date when the employee’s status must be reconfirmed. The I-9 Citizenship Report lists employee’s citizenship status and renewal dates. You can print the report by hire date or by reverification date.

 
 


Vietnam Era Veterans Readjustment Assistance Act

 
 

Records must be maintained that reflect non-discrimination in personnel practices for all veterans who served in the U.S. military who are special disabled, Vietnam Era, recently separated veterans, or who served during a war/campaign for which a campaign badge has been authorized. Employers with government contracts or subcontracts of $25,000 or more must file a Vets-100 report annually. The Sage Abra HR module stores all the relevant data and provides the Vets-100 report as one of the many standard reports within the system.

 
     
 

Please give us a call to learn more about how Sage Abra HRMS can help your company with HR compliance.

 
     
 

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