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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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Part I – Legal Issues and Regulations
Part II -
Dealing with Issues
Federal laws relating to employment
Some apply to ALL employers (one employee or more)
Some apply to employers with more than “x” employees, but ….
This will save you money and “hassles” (possible legal action against you)
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
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)
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
Federal and State
You must participate in a fund to provide continued benefits to employees who lose their jobs involuntarily
You are required to cover employee injuries or illnesses, and pay for medical and rehab, provide death benefits for survivors
Insurance fund – state/federal?
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)
You must exercise “reasonable” measure of accommodation for applicants and employees who are otherwise able to perform the job duties
You must verify identity and work eligibility for employees and keep records on employee eligibility
(I-9 form for legal aliens)
You must treat all applicants and employees according to abilities, achievements, experience, attitudes, without regard to race, color, creed, sex, age, national origin
You must recognize pregnancy as a disability and treat the same as other disabilities (including right to return to work after pregnancy ends)
You cannot discriminate in employment against individuals aged 40 or older
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
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
Act as if the law applies to you
Treat applicants and employees equally and fairly
Dealing with Employee Issues
At Will Employment
Create an organization chart and job descriptions
Prepare a Practice Manual
Review at least once every 6 months
Pay at top of range
Create a file for each employee
Rule #1 – Document EVERYTHING
Rule #2 – If you don’t document everything, you will need to start documenting EVERYTHING!