#1  
Unread 10-27-2005, 04:45 AM
Cheryl S SPHR
 
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Default Penalties for Non-compliance

I need to do some education for top management and supervisors on the consequences of non-compliance with federal laws related to HR. What would really be helpful is a summary of penalties for non-compliance with the various federal laws (HIPAA, FLSA, FMLA, ADA, etc., etc.,)

Does anyone have such an animal or can you direct me to where I can find this? If so, would you be willing to share?

How about you folks at MLee Smith -- any ideas for me?

Thanks to all for your input!

Cheryl
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  #2  
Unread 10-27-2005, 06:27 AM
tkessler
 
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Default RE: Penalties for Non-compliance

Cheryl,
Here is an answer from Jane Pfeifle, editor of South Dakota Employment Law Letter and an attorney with Lynn, Jackson, Shultz & Lebrun, P.C., in Rapid City. She can be reached at (605) 342-2592. tk
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The biggest consequence of noncompliance with the law are lawsuits. They are expensive, time-consuming, and morale killers. The Department of Labor's web site has an area for employers -- http://www.dol.gov/compliance/guide/index.htm -- and it offers some excellent summaries of the laws. I am unaware of any place that has summarized all the laws and penalties. If I run across one, I'll post it. Jane
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  #3  
Unread 10-27-2005, 09:45 AM
pork1
 
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Default RE: Penalties for Non-compliance

[font size="1" color="#FF0000"]LAST EDITED ON 10-27-05 AT 03:47PM (CST)[/font][br][br]CHERYL: I don't think you will find a summary report, but in some of the weekly reports that come to us (HRs) there are indicators as stated above. This week's addition of "Safety Compliance Alert" the lead article is "$4.7 million jury award shows why everyone has to speak on safety" from the top to the last grunt on the cleaning room floor.

It seems that a group of pipefitters refused to install a weaker and cheaper valve in a line for a nuclear power plant. One of the pipefitters got some more expensive and stronger valves that would hold the pressure, these were installed. Instead of receiving Hoorays for their work they were laid off by the management of the company. The employees sued, claiming retailation for blowing the whistle on the company and management for the use of the weaker and cheaper valve. The jury of 12 awarded the pipefitters with $4.7 mil.

If your management team is so self centered that they will not let you bring your worth to the table, then I recommend you find another location for your professional HR efforts.

The ball is always in the employees court and we only get to play with it when the ees have served it to us. They can lie, cheat, steal and etc. and we have to defend our actions. Our actions always come from a good set of policy and procedures manual or from a good set of moral values that will withstand the pressure of our everyday actual practices. It is not what is written that counts, it is what we do with our actual actions on each issue that makes a difference.

With a set of managers that think you are ye'lling wolf, you would best get off of any effort to get them in line and onto the steps out of there because "I told you so" will be the tail pinned on your donkey as you accept your walking papers because you let something bad happen.

Good luck with your efforts. Print this and other responses off and let them read it.

PORK
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  #4  
Unread 10-27-2005, 09:47 AM
Cheryl S SPHR
 
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Default RE: Penalties for Non-compliance

Hmmm, lots of food for thought. Thanks for the feedback!
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