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Employment Law/Employer ignores EEOC

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Question
Hi,

I was told by my employer that since we are under 50 employees, they are not under any state or federal laws to follow any EEOC guidelines. This includes FMLA, OSHA and any other mandated laws. This is for the state of Wisconsin. I had surgery in 2011 and my physician sent my employer the FMLA form and I was told by our CFO that it didn't apply so he threw it in the trash. That is just one instance. I am just curious about how all this would apply for employers in WI and under 50 employees. I tried EEOC and they wouldn't answer the question.

Answer
In the State of Wisconsin, an individual has 300 days from the date of alleged harm to file a charge with this office against an employer with 15 or more employees for discrimination based on race, color, national origin, sex, religion, and/or disability. An individual has 300 days from the date of alleged harm to file a charge with this office against an employer with 20 or more employees for discrimination based on age.

Charges against employers of less than 15 employees (for race, color, national origin, sex, religion, and/or disability) or less than 20 employees (for age) must be filed with the appropriate State or local agency within the time limits prescribed by State or local law. These time limits are:
•180 days in the States of Illinois, Iowa, and North Dakota;
•180 days in the State of South Dakota and the City of Sioux Falls, South Dakota, except the State of South Dakota does not have an age discrimination statute;
•300 days in the State of Wisconsin and the City of Madison, Wisconsin;
•one year the State of Minnesota and the Cities of Minneapolis and St. Paul.

http://www.eeoc.gov/field/chicago/timeliness.cfm This office would handle Wisconsin.

They are correct on FMLA

To be eligible for leave under the Family Medical Leave Act, employees must work for a covered employer. Private sector companies must have employed at least 50 workers for 20 weeks or more during the previous 12 months for inclusion under the act.

FMLA is not governed by EEOC office of the Department of Labor but it is covered by the Wage and hour department of the Department of Labor.
Here is the FMLA factsheet.
http://www.dol.gov/whd/regs/compliance/whdfs28.pdf

OSHA is also not covered under the EEOC division of the Department of Labor it is regulated under it's own department within the Department of Labor.

http://www.osha.gov/
http://www.osha.gov/about.html

As far as I know OSHA covers all workers.

Shirley





Shirley

Employment Law

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Shirley McAllister, CPP, PHR

Expertise

I can answer questions about payroll laws and payroll tax laws and Human Resource laws and agencies. I can answer federal payroll and human resource law questions and most states; I do not have a knowledge of the local taxes for cities and counties within the state. If and when I can I will try and send you the website where you can reference the answer and where you can obtain more information as well as a contact number if needed for that particular agency. Some agencies I have worked with are IRS, Department of Labor (federal and state), Revenue Canada (and provincial governments), Inland Revenue, OSHA (0ccupational Safety and Health Administration); Social Security Administration and National Child Support as well as other agencies in Payroll and Human Resources. Some Laws I am particularly familiar with are FLSA (Fair Labor Standards Act), ADA (Americans With Disabilities Act), FMLA (Family Medical Leave Act) COBRA (Consolidated Omnibus Reconciliation Act ) , QDRO's, QMCSO's, and other support orders and garnishments, USERRA (Uniformed Services Employment and Remployment Rights Act,PPA Act (Pension Protection Act of 2006, As well as most other employment type acts. I am also well versed in the Title V Civil Rights Act and the HIPAA (Health Insurance Portability and Accountability Act).

Experience

30 years in Payroll and Human Resources

Organizations
SHRM (Society of Human Resources) APA (American Payroll Association) DOLEA (Department of Labor Employers Association) CPA (Canadian Payroll Association) NAPW (National Association of Professional Women) The Mentoring Network

Education/Credentials
PHR Certification in Human Resources CPP Certification in Payroll in U.S. Payroll Administrator and Payroll Supervisor certification in Canada

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