Employee and Labor Relations

Employee and Labor Relations is the heaviest functional area in the PHR outline, at 20% of the weighting. HRCI describes it as managing, monitoring and promoting "legally compliant programs and policies that impact the employee experience"^[1]. The area is law-heavy and number-heavy: OSHA reporting clocks, retention periods, charge-filing deadlines, union-election thresholds. In this area a wrong answer usually comes from confusing one figure, or one boundary, with the neighboring rule.

HRCI also tells candidates that they are responsible for "the HR laws and regulations that are in effect at the time of their exam"^[1]. Every federal figure in this chapter was read from the U.S. Code, the eCFR or an agency page on 2026-09-28 or 2026-09-29. Many states set stricter rules on the same topics. Where that matters the text says so, and the chapter never asks you to recall a state rule.

6.1 Understand and apply knowledge of programs, US federal laws, and regulations to promote outreach, inclusivity initiatives) (for example: employee resource groups [ERG], community outreach, corporate social responsibility [CSR])

HRCI's wording carries a stray closing parenthesis; the responsibility is reproduced here exactly as printed^[1].

Employee resource groups

Concept. An employee resource group (ERG) is an employee-organized, employer-supported group built around a shared identity or interest. Companies use them to raise awareness of diversity among coworkers and with customers; one large employer in the OpenStax business text supports ERGs across its global locations for exactly that purpose^[2].

Why the law matters. Three federal rules shape how an ERG can be run.

1. No required preferences. Title VII does not require an employer to give preferential treatment to any individual or group because of race, color, religion, sex or national origin in order to correct an imbalance in the workforce^[3]. An inclusivity program therefore widens the pool and the support; it does not hand out jobs by protected trait. Title VII itself covers employers with 15 or more employees^[4] and lists the protected bases as race, color, religion, sex and national origin^[3].
2. Open to everyone. Because the statute protects each individual, a group that invites some employees and excludes others on a protected basis invites a charge. The safe design is a group open to any employee who wants to join.
3. The labor-organization trap. The NLRA defines a "labor organization" as any organization, "or any agency or employee representation committee or plan," in which employees participate and which exists at least in part for dealing with employers about grievances, wages, hours or conditions of work^[5]. It is an unfair labor practice for an employer to dominate or interfere with the formation or administration of any labor organization, or to support it financially^[6]. An ERG that networks, mentors and educates is fine. An ERG that the employer sets up and directs to bargain over pay or working conditions starts to look like a company-dominated labor organization.

What to be able to do. Given a description of an employee group, say which of the three rules above bears on it.

The trap. "Inclusivity" is not a legal duty to prefer anyone. The statute says the opposite about preferences, so an answer that requires the employer to fill a quota is wrong.

Outreach obligations: Section 503 and VEVRAA

Outreach is a legal duty for one group of employers: federal contractors. Two statutes require affirmative action for people with disabilities (Section 503) and for protected veterans (VEVRAA). Both carry dollar thresholds that were raised recently.

The new VEVRAA rules took effect 2026-09-21^[11]. A Section 503 contractor prepares its AAP within 120 days of the start of a contract^[8]. The OFCCP states that Section 503 and VEVRAA remain in effect^[12]. The earlier executive order on affirmative action by race and sex was revoked^[13], so it is not part of your study list.

The trap. The two AAP triggers use different dollar amounts with the same employee count. Section 503 is $50,000; VEVRAA is $200,000. Both need 50 employees.

Community outreach and volunteer time

Companies organize volunteer days and charity drives. The FLSA question is whether the time is work. Time spent in work for public or charitable purposes at the employer's request, under the employer's direction or control, or while the employee is required to be on the premises, is working time^[14]. Time spent voluntarily outside normal working hours is not hours worked^[14]. The test is compulsion. A "volunteer day" that a manager assigns is paid time; a truly optional Saturday event is not. State law may be stricter.

Corporate social responsibility

Corporate social responsibility (CSR) consists of obligations beyond those required by law or union contract, so it is voluntary^[2]. The OpenStax business text describes four layers: economic, legal, ethical and philanthropic responsibility^[2]. Economic responsibility is the foundation for the other three^[2]. The stakeholders CSR answers to extend beyond investors to workers, suppliers, consumers, communities and society^[2].

How it is tested. Definitions: which layer is "obey the law" (legal), which is "be a good corporate citizen" (philanthropic), and which is the foundation (economic).

The trap. Legal responsibility is one layer of the model, not all of it. Complying with the law is expected; CSR is what the company does beyond that.

6.2 Support workplace programs related to US federal health, safety, security, and privacy laws and regulations (for example: OSHA, workers' compensation, emergency response, workplace violence, substance abuse, legal postings, documentation, investigations)

OSHA: the duty and the records

The general duty. Each employer must furnish a place of employment "free from recognized hazards that are causing or are likely to cause death or serious physical harm"^[15]. Specific standards sit on top of that duty.

Recordkeeping. Not every injury goes on the OSHA log. An injury or illness is recorded only if it meets all three tests: it is work-related, it is a new case, and it meets the general recording criteria^[16]. The general criteria are death, days away from work, restricted work or transfer to another job, medical treatment beyond first aid, and loss of consciousness^[17]. Once you know a case is recordable, you have seven calendar days to enter it on the Form 300 Log and the Form 301 Incident Report^[18].

Size exemption. An employer that had 10 or fewer employees at all times during the last calendar year does not need to keep OSHA injury and illness records unless OSHA or the Bureau of Labor Statistics informs it in writing^[19]. The count is company-wide, not per establishment^[19]. The exemption covers recordkeeping only: a small employer still reports severe incidents^[19]. A separate partial exemption applies to an establishment classified in an industry group listed in appendix A to the recordkeeping rule, so size is not the only way out of keeping logs^[20].

Reporting severe incidents. Two clocks apply, one for each class of event. Keep each event with its own clock:

• A work-related death: report within 8 hours^[21].
• An in-patient hospitalization, an amputation or the loss of an eye: report within 24 hours^[21].

Annual summary. The Form 300A summary of the year's records is posted from February 1 of the following year until April 30^[22], and a company executive certifies it^[22].

Retention. Keep the OSHA 300 Log, the privacy case list, the annual summary and the 301 forms for five years after the calendar year they cover^[23].

Worked example. A worker is admitted to a hospital as an in-patient after an incident on Monday. The employer reports it to OSHA within 24 hours^[21]. Separately, if the case is recordable, the employer has seven calendar days from learning that to enter it on the 300 Log and 301 report^[18]. One event, two clocks, because reporting to OSHA and recording in the employer's own log are different acts.

What to be able to do. Keep the figures apart: 8 versus 24 hours, 7 calendar days, 5 years, the posting window.

The trap. Do not apply the 8-hour rule to every serious event, and do not treat the 7-day recording clock as the same as the 24-hour reporting clock. Reporting goes to OSHA; recording is entering the case in your own log.

OSHA inspections and employee protection

A compliance officer is authorized to enter without delay and at reasonable times any workplace where work is performed by an employee^[24]. A representative of the employer and a representative authorized by the employees are each given an opportunity to accompany the officer during the physical inspection^[25].

An employee who is fired or otherwise discriminated against for exercising OSHA rights may file a complaint with the Secretary of Labor within thirty days after the violation^[26]. Section 11(c) protects an employee who has filed "any complaint" under or related to the Act^[27]. The trap: the window is 30 days, far shorter than the Title VII deadlines below.

Emergency response

OSHA's emergency action plan standard says a plan must be in writing, kept in the workplace and available to employees for review^[28]. The one exception is small: an employer with 10 or fewer employees may communicate the plan orally^[28]. The trap: the "10 or fewer" figure appears twice in OSHA (recordkeeping and emergency plans), but the two rules are not the same rule. One exempts from keeping logs; the other allows an oral plan.

Workers' compensation

Workers' compensation is a state-law system. States require employers either to buy workers' compensation insurance or to be able to self-insure^[29]. It is an exclusive remedy: workers cannot sue the employer in court for damages beyond what the compensation claim pays^[29]. Because states set the details, this book teaches no federal number for benefit amounts or deadlines. HR's job is to report injuries to the carrier promptly, keep the claim file separate from the personnel file, and not retaliate.

Workplace violence

OSHA defines workplace violence as any act or threat of physical violence, harassment, intimidation or other threatening behavior that occurs at the work site^[30]. Violence at work usually fits one of four categories: criminal intent, one worker against another, violence stemming from a personal relationship, and violence by a customer^[31]. Risk factors include exchanging money with the public and working with volatile people; working alone or in isolated areas can add to the risk^[30].

OSHA's prevention advice is program-based. One of the best protections is a zero-tolerance policy^[30]. A written, implemented prevention program, combined with engineering controls, administrative controls and training, can reduce the potential for violence^[30].

The trap. Workplace violence is not defined as physical contact only: threats and intimidation are included.

Substance abuse

Two federal laws matter, and they do different things.

The ADA. A drug test is not a medical examination^[32], so the ADA's limits on medical exams do not apply to testing for illegal drugs. An employer may also prohibit the illegal use of drugs and the use of alcohol at the workplace by all employees, and may require that employees not be under the influence at work^[32]. The ADA does not require the employer to test, and it does not forbid testing.

The Drug-Free Workplace Act. This law applies to federal contractors whose contract value is greater than the simplified acquisition threshold^[33], and to individuals who contract with a federal agency^[33]. The contractor must:

• publish a statement that unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace^[33];
• establish a drug-free awareness program covering the dangers of drug abuse, the policy and available assistance^[33];
• require each employee to notify the employer of a workplace drug-statute conviction within 5 days^[33];
• notify the contracting agency within 10 days after learning of the conviction^[33];
• sanction the employee or require participation in a rehabilitation program^[33].

How it is tested. The 5 days versus 10 days split: the employee tells the employer, then the employer tells the agency. The trap: the Act does not require drug testing.

Privacy

Employment privacy is a patchwork; the boundaries worth knowing are a handful.

• HIPAA does not cover the HR file. Protected health information excludes records held by a covered entity in its role as an employer^[34]. A health plan's claims data is protected, but an employee's sick note in the personnel file is governed by other laws.
• ADA medical files. Medical information is collected and kept on separate forms and in separate medical files as a confidential record^[35].
• GINA. It is an unlawful employment practice for an employer to request, require or purchase genetic information about an employee or a family member^[36], with narrow exceptions such as inadvertent requests. Family medical history counts, which is why "how is your father's health?" can be a violation.
• Recording calls. Federal wiretap law does not make it unlawful to intercept a communication where a party to it, or one party who has given prior consent, is the person intercepting^[37]. That is the "one-party consent" rule. State law may require every party's consent, so a company that records across states follows the stricter rule.
• Polygraphs. Private employers are generally barred from requiring a polygraph test^[38] or from using the results^[38].

The trap. The federal one-party rule is a floor. An answer that says the recording is lawful everywhere because federal law permits it ignores state variation.

Legal postings

Posting duties are easy points because each poster belongs to one law.

The FMLA adds a second step. If an FMLA-covered employer has any eligible employees, it must also give the general notice to each employee, either in the handbook or other written guidance on benefits or leave rights, or by handing a copy to each new hire^[41]. Electronic distribution is allowed. The trap: "we have no eligible employees, so no poster" is wrong.

Documentation and retention

Retention questions ask which number belongs to which law. Learn them as a set:

How it is tested. Given a record type, choose the period. The trap: treating one-year EEOC retention as a maximum. Once a charge is filed, the records stay until the matter is finally decided, even if that exceeds a year.

Sources cited in this excerpt

1. PHR Exam Content Outline. HR Certification Institute. https://www.hrci.org/docs/default-source/default-document-library/hrci_phr-exam-content-outline.pdf?sfvrsn=2f21394f_3
2. Introduction to Business 2e (OpenStax). OpenStax, Rice University. https://assets.openstax.org/oscms-prodcms/media/documents/Introduction_to_Business_2e_-_WEB.pdf
3. 42 U.S.C. § 2000e-2 (Title VII § 703). Office of the Law Revision Counsel, U.S. House of Representatives. https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e-2&num=0&edition=prelim
4. 42 U.S.C. § 2000e (Title VII definitions). Office of the Law Revision Counsel, U.S. House of Representatives. https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e&num=0&edition=prelim
5. 29 U.S.C. § 152 (NLRA § 2 (definitions)). Office of the Law Revision Counsel, U.S. House of Representatives. https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section152&num=0&edition=prelim
6. 29 U.S.C. § 158 (National Labor Relations Act § 8). Office of the Law Revision Counsel, U.S. House of Representatives. https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section158&num=0&edition=prelim
7. 41 CFR § 60-741.1 (Section 503 purpose and applicability). Office of the Federal Register / GPO (eCFR). https://www.ecfr.gov/api/versioner/v1/full/2026-09-25/title-41.xml?part=60-741&section=60-741.1
8. 41 CFR § 60-741.40 (Section 503 affirmative action program applicability). Office of the Federal Register / GPO (eCFR). https://www.ecfr.gov/api/versioner/v1/full/2026-09-25/title-41.xml?part=60-741&section=60-741.40
9. 41 CFR § 60-300.1 (VEVRAA purpose and applicability). Office of the Federal Register / GPO (eCFR). https://www.ecfr.gov/api/versioner/v1/full/2026-09-25/title-41.xml?part=60-300&section=60-300.1
10. 41 CFR § 60-300.40 (VEVRAA affirmative action program applicability). Office of the Federal Register / GPO (eCFR). https://www.ecfr.gov/api/versioner/v1/full/2026-09-25/title-41.xml?part=60-300&section=60-300.40
11. Modifications to the Regulations Implementing VEVRAA (final rule), 91 FR 54234. Department of Labor, OFCCP. https://www.govinfo.gov/content/pkg/FR-2026-08-21/html/2026-17116.htm
12. Office of Federal Contract Compliance Programs (agency home page). U.S. Department of Labor, Office of Federal Contract Compliance Programs. https://www.dol.gov/agencies/ofccp
13. Executive Order 14173, Ending Illegal Discrimination and Restoring Merit-Based Opportunity, 90 FR 8633. Executive Office of the President. https://www.govinfo.gov/content/pkg/FR-2025-01-31/html/2025-02097.htm
14. 29 CFR 785.44 (FLSA hours worked). Office of the Federal Register / GPO (eCFR). https://www.ecfr.gov/api/versioner/v1/full/2026-09-25/title-29.xml?part=785&section=785.44
15. 29 U.S.C. § 654 (OSH Act § 5 (duties)). Office of the Law Revision Counsel, U.S. House of Representatives. https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section654&num=0&edition=prelim
16. 29 CFR 1904.4 (recording criteria). Office of the Federal Register / GPO (eCFR). https://www.ecfr.gov/api/versioner/v1/full/2026-09-25/title-29.xml?part=1904&section=1904.4
17. 29 CFR § 1904.7 (OSHA general recording criteria). Office of the Federal Register / GPO (eCFR). https://www.ecfr.gov/api/versioner/v1/full/2026-09-25/title-29.xml?part=1904&section=1904.7
18. 29 CFR § 1904.29 (OSHA forms). Office of the Federal Register / GPO (eCFR). https://www.ecfr.gov/api/versioner/v1/full/2026-09-25/title-29.xml?part=1904&section=1904.29
19. 29 CFR § 1904.1 (OSHA recordkeeping partial exemption, 10 or fewer employees). Office of the Federal Register / GPO (eCFR). https://www.ecfr.gov/api/versioner/v1/full/2026-09-25/title-29.xml?part=1904&section=1904.1
20. 29 CFR § 1904.2 (OSHA recordkeeping partial exemption for establishments in certain industries). Office of the Federal Register / GPO (eCFR). https://www.ecfr.gov/api/versioner/v1/full/2026-09-28/title-29.xml?part=1904&section=1904.2
21. 29 CFR § 1904.39 (OSHA reporting fatalities and severe injuries). Office of the Federal Register / GPO (eCFR). https://www.ecfr.gov/api/versioner/v1/full/2026-09-25/title-29.xml?part=1904&section=1904.39
22. 29 CFR § 1904.32 (OSHA annual summary). Office of the Federal Register / GPO (eCFR). https://www.ecfr.gov/api/versioner/v1/full/2026-09-25/title-29.xml?part=1904&section=1904.32
23. 29 CFR § 1904.33 (OSHA record retention). Office of the Federal Register / GPO (eCFR). https://www.ecfr.gov/api/versioner/v1/full/2026-09-25/title-29.xml?part=1904&section=1904.33
24. 29 CFR 1903.3 (OSHA authority for inspection). Office of the Federal Register / GPO (eCFR). https://www.ecfr.gov/api/versioner/v1/full/2026-09-25/title-29.xml?part=1903&section=1903.3
25. 29 CFR 1903.8 (OSHA representatives of employers and employees). Office of the Federal Register / GPO (eCFR). https://www.ecfr.gov/api/versioner/v1/full/2026-09-25/title-29.xml?part=1903&section=1903.8
26. 29 U.S.C. § 660 (OSH Act § 11, judicial review; discrimination against employees). Office of the Law Revision Counsel, U.S. House of Representatives. https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section660&num=0&edition=prelim
27. 29 CFR 1977.9 (OSHA section 11(c): complaints or other actions protected). Office of the Federal Register / GPO (eCFR). https://www.ecfr.gov/api/versioner/v1/full/2026-09-25/title-29.xml?part=1977&section=1977.9
28. 29 CFR § 1910.38 (OSHA emergency action plans). Office of the Federal Register / GPO (eCFR). https://www.ecfr.gov/api/versioner/v1/full/2026-09-25/title-29.xml?part=1910&section=1910.38
29. Business Law I Essentials 2e (OpenStax). OpenStax, Rice University. https://assets.openstax.org/oscms-prodcms/media/documents/Business_Law_I_Essentials_2e_-_WEB.pdf
30. Workplace Violence - Overview (OSHA web page). Occupational Safety and Health Administration, U.S. Department of Labor. https://www.osha.gov/workplace-violence
31. Business Ethics (OpenStax). OpenStax, Rice University. https://assets.openstax.org/oscms-prodcms/media/documents/business-ethics_-_WEB.pdf
32. 42 U.S.C. § 12114 (ADA illegal use of drugs and alcohol). Office of the Law Revision Counsel, U.S. House of Representatives. https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12114&num=0&edition=prelim
33. 41 U.S.C. § 8102 (Drug-Free Workplace Act: requirements for Federal contractors). Office of the Law Revision Counsel, U.S. House of Representatives. https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section8102&num=0&edition=prelim
34. 45 CFR 160.103 (HIPAA definitions). Office of the Federal Register / GPO (eCFR). https://www.ecfr.gov/api/versioner/v1/full/2026-09-25/title-45.xml?part=160&section=160.103
35. 42 U.S.C. § 12112 (ADA discrimination). Office of the Law Revision Counsel, U.S. House of Representatives. https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12112&num=0&edition=prelim
36. 42 U.S.C. § 2000ff-1 (GINA employer practices). Office of the Law Revision Counsel, U.S. House of Representatives. https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000ff-1&num=0&edition=prelim
37. 18 U.S.C. § 2511 (ECPA / Wiretap Act, interception and disclosure). Office of the Law Revision Counsel, U.S. House of Representatives. https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section2511&num=0&edition=prelim
38. 29 U.S.C. § 2002 (Employee Polygraph Protection Act § 3). Office of the Law Revision Counsel, U.S. House of Representatives. https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section2002&num=0&edition=prelim
39. 29 CFR § 1903.2 (OSHA posting of notice). Office of the Federal Register / GPO (eCFR). https://www.ecfr.gov/api/versioner/v1/full/2026-09-25/title-29.xml?part=1903&section=1903.2
40. 29 CFR § 516.4 (FLSA posting of notices). Office of the Federal Register / GPO (eCFR). https://www.ecfr.gov/api/versioner/v1/full/2026-09-25/title-29.xml?part=516&section=516.4
41. 29 CFR § 825.300 (FMLA employer notice requirements). Office of the Federal Register / GPO (eCFR). https://www.ecfr.gov/api/versioner/v1/full/2026-09-25/title-29.xml?part=825&section=825.300
42. 29 CFR § 1602.14 (EEOC preservation of records). Office of the Federal Register / GPO (eCFR). https://www.ecfr.gov/api/versioner/v1/full/2026-09-25/title-29.xml?part=1602&section=1602.14
43. 29 CFR § 1627.3 (ADEA records to be kept). Office of the Federal Register / GPO (eCFR). https://www.ecfr.gov/api/versioner/v1/full/2026-09-25/title-29.xml?part=1627&section=1627.3
44. 29 CFR § 516.5 (FLSA records preserved 3 years). Office of the Federal Register / GPO (eCFR). https://www.ecfr.gov/api/versioner/v1/full/2026-09-25/title-29.xml?part=516&section=516.5
45. 29 CFR § 516.6 (FLSA records preserved 2 years). Office of the Federal Register / GPO (eCFR). https://www.ecfr.gov/api/versioner/v1/full/2026-09-25/title-29.xml?part=516&section=516.6
46. 8 CFR § 274a.2 (Verification of identity and employment authorization (Form I-9)). Office of the Federal Register / GPO (eCFR). https://www.ecfr.gov/api/versioner/v1/full/2026-09-25/title-8.xml?part=274a&section=274a.2