According to the Winter 2021 issue of HR Magazine, there are nine Federal employment laws that permit individual civil liability and five of those allow criminal liability for HR professionals.
| Federal Law | Civil Liability | Criminal Liability |
|---|---|---|
| COBRA | Yes | No |
| ERISA | Yes | Yes |
| Fair Labor Standards Act (FLSA) |
Yes | Yes |
| Family Medical Leave Act (FMLA) |
Yes | No |
| Foreign Corrupt Practices Act (FCPA) |
Yes | Yes |
| Immigration Reform & Control Act (IRCA) |
Yes | Yes |
| OSHA | Yes | Yes |
| Section 1981 of Civil Rights Act of 1866 |
Yes | No |
| Section 1983 of Civil Rights Act of 1871 |
Yes | No |
Are you in compliance with all of these laws? How do you know? Do you have personal liability issues as an HR professional? JorgensenHR may be able to help with our HR Assessment.
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