2 questions

NaeNae55

A co-worker is on the board of a local non-profit organization. The organization is reviewing their employment policy, so the co-worker has asked my opinion on a few issues. I am hoping someone out there who knows more than I do can help with these 2 questions.

1) One of the board members insists that they need to keep track of EEOC information on applicants. He was audited, and the EEOC wanted that information (and he didn't have it). We keep track on employees, and give it to our parent company. However, we have never done so for applicants, and when our parent company asks us for EEOC info, they never mention applicants. Is it really necessary, and if it is, does anyone have wording or forms that will work?

2) My co-worker has also heard that by law if a part-time employee works a certain number of hours per year they must receive benefits. I have never heard of this, but our company gives benefits to almost all part-time employees. Is it true that part-time employees who work a certain number of hours get benefits, and if so, what is the number of hours?

Thank you to everyone who helps.

Nae

Irie

Sorry but I can't answer question 2.

However, regarding question 1: I don't believe there is any reason for the EEOC to want information on applicants. The OFCCP requires applicant information for government contractors in order to complete their AAPs. We are a government contractor and I have to complete an EEO-1 report each year but that only asks for information (gender, race/ethnicity) concerning employees, not applicants.

If anyone else is aware of applicant requirements by the EEOC I would be interested to know what they are too.

Nevada HR

As a public employer, we're required by NV Revised Statutes to pay annual leave, holiday pay and retirement on ee's who work over 19 hours a week on a regular basis. The only thing they don't get is sick leave and health insurance.

pork1

NaeNae55: I am not sure that the time worked is a rule of the law. I was taught by an "hour & wage auditor", that 32 hours or more worked for 16 straight weeks causes the auditor to look further into whether this employee is/was a full-time or part-time employee and entitled to all benefits provided to all other full-time employees. She also taught me that any break in the 32+ hour week which is less than the 32 hours, the employee starts a new set of 16 straight weeks cycle.

For this reason, I have paid attention to part-time worker hours and forced a decision to change employee status on to the back of the Division Manager.

For the first question, it would appear to me that the EEOC claims information in the hands and "brains" of a manager would give rise to decision making based on protected information would violate privacy and EEO discrimination. If I did that it would be after the ee has been offered a position as part of the back ground information.

Richard/Pork

E Wart

Not sure that what I say is "the law" but will give my input:
1) When putting together an AAP, you do have to provide information on applicants. Maybe this is what he means. (When I was audited by the EEOC, over 20 years ago) they did ask for this information. They wanted to make sure that we were "drawing from the correct pool" of candidates and were making every effort to correct any dificiencies.
2)I am not aware of any laws in the states I handle that "require" PT to get benefits. I think normally this is "written into" your benefits/contracts/policies. For some reason the "rule of thumb" seems to be around 30-32 hours they are able to get benefits.
However, if you are talking about someone who is brought in for a "project/fill in" and they work "full time" for a period of time... I think you have to decide a cut off point of when they are regular (previously called permanent) and when they are truly temp. I normally call this to our Managers attention at 3 months and if it reaches 6 months, I think I would make them put them on as regular.
E Wart

JILL M

Regarding 1) I believe the applicant tracking is required if your company has any contracts that deal with federal dollars. 41 CFR 60 --OFFICE OF FEDERAL CONTRACT COMPLIANCE PROGRAMS, EQUAL EMPLOYMENT OPPORTUNITY, DEPARTMENT OF LABOR

2) I recently read in a newsletter called Benefit News that the IRS says you can't bar part-time employees from a retirement plan on the basis of simply calling them "part-time" or "seasonal". If they work 1,000 hours in the year they should be eligible for the retirement plan according to the IRS. go to [url]www.irs.gov/pub/irs-tege/qab_021406.pdf[/url]

If that link is no longer active, do a search on the irs.gov website.