Employment Strategies 101
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Employment Strategies 101 Part I – Legal Issues and Regulations Part II - Hiring Processes Motivation Dealing with Issues. Part I – Legal Issues and Regulations Federal laws relating to employment Some apply to ALL employers (one employee or more)

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Employment Strategies 101 Part I – Legal Issues and Regulations Part II - Hiring Processes

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Employment strategies 101 part i legal issues and regulations part ii hiring processes

Employment Strategies 101

Part I – Legal Issues and Regulations

Part II -

Hiring Processes

Motivation

Dealing with Issues


Employment strategies 101 part i legal issues and regulations part ii hiring processes

Part I – Legal Issues and Regulations

Federal laws relating to employment

Some apply to ALL employers (one employee or more)

Some apply to employers with more than “x” employees, but ….


Employment strategies 101 part i legal issues and regulations part ii hiring processes

Assume ALL laws apply to you and attempt to abide by them, even if you don’t have to

This will save you money and “hassles” (possible legal action against you)


Employment strategies 101 part i legal issues and regulations part ii hiring processes

Equal Pay Act – 1 employee

You may not discriminate between employees in wages, salary based on sex

(or for any other non-job-related reason)

Pay based solely on job duties


Employment strategies 101 part i legal issues and regulations part ii hiring processes

ERISA Employee Retirement Income Security Act - 1 employee

If you have employee benefits (health insurance, retirement plan) you must provide details of the plans and adhere to certain funding, vesting, fiduciary standards

(Your benefits advisor should give you information about these requirements)


Employment strategies 101 part i legal issues and regulations part ii hiring processes

OSHA – Occupational Health and Safety Act – 1 employee

You must provide a safe workplace for employees, including fire safety, blood-borne pathogens, and safety from workplace hazards.

You must submit to inspections and keep records on incidents

You may need to provide immunization against Hep-B


Employment strategies 101 part i legal issues and regulations part ii hiring processes

Unemployment compensation – 1 employee

Federal and State

You must participate in a fund to provide continued benefits to employees who lose their jobs involuntarily


Employment strategies 101 part i legal issues and regulations part ii hiring processes

Worker’s Compensation Insurance – 1 employee

You are required to cover employee injuries or illnesses, and pay for medical and rehab, provide death benefits for survivors

Insurance fund – state/federal?


Employment strategies 101 part i legal issues and regulations part ii hiring processes

Employee Polygraph Protection Act of 1988 – 1 employee

You may not use lie detector tests

But you may test certain employees if you suspect that they are involved in a workplace incident (embezzlement, for example)


Employment strategies 101 part i legal issues and regulations part ii hiring processes

  • FLSA – Fair Labor Standards Act – 2 employees

  • Pay for work “suffered or permitted to be performed”

  • Pay overtime for work over 40 hours a week – exempt vs. non-exempt


Employment strategies 101 part i legal issues and regulations part ii hiring processes

  • FLSA, continued

  • FLSA does not require you to pay for

  • Vacations, holidays, severance, sick time

  • Meal or rest periods

  • Premium pay for holidays or weekends

  • Raises or benefits


Employment strategies 101 part i legal issues and regulations part ii hiring processes

  • You do not have to give notice for discharge

  • 4. Child labor provisions restrict hours and duties for workers under 18

  • Recordkeeping requirements

  • Must pay minimum wage

  • Must pay all earned wages at termination


Employment strategies 101 part i legal issues and regulations part ii hiring processes

ADA – Americans with Disabilities Act – 15 employees

You must exercise “reasonable” measure of accommodation for applicants and employees who are otherwise able to perform the job duties


Employment strategies 101 part i legal issues and regulations part ii hiring processes

IRCA – Immigration Reform and Control Act – 4 employees

You must verify identity and work eligibility for employees and keep records on employee eligibility

(I-9 form for legal aliens)


Employment strategies 101 part i legal issues and regulations part ii hiring processes

EEO – Equal Employment Opportunity – 15 employees

You must treat all applicants and employees according to abilities, achievements, experience, attitudes, without regard to race, color, creed, sex, age, national origin


Employment strategies 101 part i legal issues and regulations part ii hiring processes

Pregnancy Disability – part of Civil Rights Act – 15 employees

You must recognize pregnancy as a disability and treat the same as other disabilities (including right to return to work after pregnancy ends)


Employment strategies 101 part i legal issues and regulations part ii hiring processes

Age Discrimination in Employment – 20 employees

You cannot discriminate in employment against individuals aged 40 or older


Employment strategies 101 part i legal issues and regulations part ii hiring processes

COBRA – Consolidated Omnibus Budget Reconciliation Act – 20 employees

For employees leaving, you must allow them to stay in group health plan at their cost, and you must inform them of their rights under this law


Employment strategies 101 part i legal issues and regulations part ii hiring processes

FMLA – Family and Medical Leave – 50 employees

You must allow employees to take up to 12 weeks unpaid leave without jeopardizing job for child care, care of relative, serious health condition

You may also need to restore employee to same or equivalent position


Employment strategies 101 part i legal issues and regulations part ii hiring processes

Rule of thumb: With some exceptions due to cost, “reasonableness” –

Act as if the law applies to you

Treat applicants and employees equally and fairly


Employment strategies 101 part i legal issues and regulations part ii hiring processes

Part II

Hiring

Training

Motivating

Dealing with Employee Issues


Employment strategies 101 part i legal issues and regulations part ii hiring processes

Basic Principles

Respondeat Superior

At Will Employment


Employment strategies 101 part i legal issues and regulations part ii hiring processes

  • Duties of employer:

  • Compensation

  • Reimbursement

  • Indemnity

  • Safe working conditions

  • Cooperation


Employment strategies 101 part i legal issues and regulations part ii hiring processes

  • Duties of employee

  • Obedience

  • Loyalty

  • Reasonable Skill

  • Accurate accounting

  • Communication


Employment strategies 101 part i legal issues and regulations part ii hiring processes

  • Laws relating to employment

  • Fair Labor Standards Act

  • Overtime

  • ADA – Americans with Disabilities Act (15 employees)

  • OSHA – one employee!

  • Unemployment Compensation

  • Workers Compensation


Employment strategies 101 part i legal issues and regulations part ii hiring processes

Before You Hire:

Create an organization chart and job descriptions

Prepare a Practice Manual


Employment strategies 101 part i legal issues and regulations part ii hiring processes

  • Hiring Process:

  • Decide on specifics of position

  • Advertise

  • Review applicant and interview

  • BFOQ and Ask All

  • Check references!!!

  • Hire and do Orientation


Employment strategies 101 part i legal issues and regulations part ii hiring processes

Motivating and Paying Employees

Review at least once every 6 months

Pay at top of range


Employment strategies 101 part i legal issues and regulations part ii hiring processes

Employee Issues

Create a file for each employee

Payroll file

Personnel file

Rule #1 – Document EVERYTHING

Rule #2 – If you don’t document everything, you will need to start documenting EVERYTHING!


Employment strategies 101 part i legal issues and regulations part ii hiring processes

  • Terminating Employees

  • Remember Rule #1 – Get an Attorney

  • Two situations:

  • 1. Dangerous, violation, major rule

  • Don’t be afraid to terminate immediately

  • Performance issues

  • Set up due process, be sure it’s followed quickly but appropriately


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