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Frequently Asked Questions (FAQs)

This section includes Frequently Asked Questions (FAQs) from our subscribers concerning various personnel and employment issues of general interest. The list of FAQs is a "work-in-progress" and is regularly updated.

Visitors - The first two links have been activated and will allow you to view or print the FAQ information.  All FAQ links will be activated upon your paid subscription.



What is the Employer Information Report EEO-1?
  • The EEO-1 is an annual report filed with the Joint Reporting Committee (JRC) by government contractors and other employers.  EEO-1 provides a breakdown of the employer's workforce by race, sex and national origin.  An EEO-1 report should be filed by:

     
    • all federal contractors and first-tier subcontractors who employ
    • 50 or more employees and have a contract for $50,000 or more;
    • any private employer with 100 or more employees;
    • any private employer with fewer than 100 employees whose company is owned or affiliated with other companies that together employ more than 100 employees;
    • any employer who serves as a depository of U.S. government funds in any amount and has 50 or more employees; and
    • any employer who is a financial institution and an issuing and paying agent for U.S. Savings Bonds and Savings Notes and has 50 or more employees.

All full-time and regular part-time employees, including leased employees, are counted as "employees" for filing purposes.  Temporary employees are not included.

The form must be filed with the JRC on or by September 30 of each year.  Filing instructions accompany the form.  Employers must retain a copy of the most recently submitted form at the business or at the company's headquarters.

First-time filers must complete the "Form for New Filers" http://www.mimdms.com/jrcform-ftf.html

OR e-mail company information to the JRC (editor1@mimdms.com)

OR contact:

  • Joint Reporting Committee (JRC)
  • P.O. Box 779
  • Norfolk, VA  23501
  • 757-461-1213

For more information, go to the JRC website: http://www.mimdms.com/jrc.html.

(NOTE:  EEO-1 is not an Affirmative Action Plan [AAP].  An employer may be required to file an EEO-1 even if he is not required to have an AAP.  Also, employers should take care to complete the forms correctly.  EEO-1 can be used against the employer in an employment discrimination case.  It is also a federal crime to make a willful, false statement on the EEO-1.)

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Are employers required to give employees access to their personnel files?
  • California:  All private employers must allow employees access to certain portions of their personnel files, including records used to determine qualifications for employment, promotion, additional compensation, and termination and other disciplinary action. Employees are not entitled to access letters of reference and records relating to an investigation of a possible criminal offense.
  • Illinois: On written request, employers must grant employees access to certain portions of their personnel files, including records used to determine  qualifications for employment, promotion, transfer, additional compensation, or discharge or other disciplinary action. Employees are not entitled to access letters of reference, test documents, staff planning records, personal information about third parties if disclosure would constitute a clearly unwarranted invasion of privacy, records relating to a claim between the employee and employer that may be discovered in a judicial proceeding, or records relating to an investigation of the employee's criminal conduct or other activity that could reasonably be expected to harm the employer's property, operations, or business or could cause the employer financial liability.
  • Ohio: Employers are not required by law to allow employees access to their personnel records.
  • Texas: Private employers are not required by law to allow employees access to their personnel files. In certain circumstances, public employers may be required to allow access to public information contained in personnel files. 

 

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Must employers covered by the Fair Labor Standards Act (FLSA) count hours spent by employees at training programs as work time?

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How do employers comply with the New Hire Reporting laws?

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Are employees required to provide medical certification when requesting leave under the Family and Medical Leave Act (FMLA)?

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Are employers required to continue the employee's health benefits during FMLA leave?

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Are employers required to pay overtime rates to independent contractors?

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If a worker is incorrectly classified as an independent contractor, is the worker entitled to back overtime pay?

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Does the Fair Labor Standards Act require rest breaks for employees?

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Does the Fair Labor Standards Act require vacations for employees?

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Is the employer required to provide workers' compensation coverage?

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Is the employer required to have an employee handbook?

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Is AIDS considered a disability under the Americans with Disabilities Act (ADA)?

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Is drug abuse considered a disability under the Americans with Disabilities Act (ADA)?

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Is alcoholism considered a disability under the Americans with Disabilities Act?

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Do employers need a reason to terminate an employee?

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Should a terminated employee be given a written document?

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What is the best way to avoid liability for a sexual harassment claim?

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Last modified: 02/19/2008
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