1–10: Employment and Hiring Practices
Laws on Recruitment and Hiring
Ensure hiring practices conform to anti-discrimination laws such as Title VII and the Equal Employment Opportunity Act.
Background Checks
Know limitations of checks on criminal, credit, and social media background checks.
Read Also:
- https://legalnexishub.com/25-legal-challenges-in-service-law-and-their-answers/
- https://legalnexishub.com/30-faqs-on-employee-rights-under-service-law/
- https://legalnexishub.com/20-key-questions-about-employment-and-service-law/
Offer Letters and Employment Contracts
Employ straightforward contracts detailing job descriptions, remuneration, and terms for termination.
Employee Classification
Classify workers as employees or independent contractors avoiding legal complications.
At-Will Employment Policies
Clearly articulate at-will policies, while ensuring termination practices do not violate discrimination laws.
Equal Employment Opportunity (EEO)
Ensure equal opportunities in hiring, promotion, and termination without bias.
Probationary Periods
Establish policies for probationary periods and clearly communicate expectations.
Pre-Employment Testing
Ensure tests are job-related and non-discriminatory.
Work Authorization and Immigration Compliance
Verify employment eligibility using Form I-9 and comply with immigration laws.
Reasonable Accommodations
Modify hiring processes for applicants with disabilities under the ADA.
11–20: Compensation and Benefits
Minimum Wage Compliance
Pay at least the federal, state, or local minimum wage, whichever is higher.
Overtime Rules
Follow FLSA for the treatment of overtime for non-exempt employees.
Equal Pay
Comply with the Equal Pay Act to avoid wage discrimination.
Payroll Deductions
Only allowable deductions should be taken from pay, such as taxes or benefits.
Employee Benefits Compliance
Follow ERISA, COBRA, and other directives in health and retirement benefits.
Timekeeping Systems
Accurate records of hours worked help prevent disputes over wages.
Incentive and Bonus Policies
Well-defined structures of performance-based pay will be known to all employees.
Paid Leave Laws
Comply with state or local requirements for paid sick leave, family leave, and other types of paid time off.
Expense Reimbursement
Reimburses employees according to state law for work-related expenditures.
Fair Workweek Scheduling
Follow predictive scheduling laws, where applicable.
21–30: Workplace Safety and Conditions
Occupational Safety and Health Act (OSHA)
Ensure and maintain a safe workplace through proper training and hazard identification.
Workplace Violence Prevention
Develop policies to address potential violence. Train employees how to handle this situation.
Workers’ Compensation
Workers’ Compensation Coverage
Protect employees from work-related injuries and illnesses.
Anti-Harassment Policy
Eliminate sexual harassment and other forms of workplace harassment.
Whistleblower Protection
Provide a means for employees to voice concerns without fear of retaliation.
Substance Abuse Policy
Comply with state law on drug testing and substance abuse.
Emergency Preparedness
Develop and communicate plans for workplace emergencies.
Telecommuting Policy
Establish expectations for telecommuting employees, including expenses and time tracking.
Ergonomics and Wellness
Promote ergonomic practices and wellness programs to minimize health risks.
Accommodations for Disabilities
Ensure workplace accommodations comply with the ADA.
31–40: Workplace Conduct and Policies
Employee Handbooks
Distribute and update handbooks with all workplace policies and procedures.
Anti-Discrimination Policies
Reinforce commitment to preventing discrimination based on race, gender, religion, age, etc.
Grievance Procedures
Provide employees with clear channels to report concerns.
Disciplinary Actions
Standardize disciplinary processes to ensure fairness and consistency.
Termination Procedures
Follow proper steps to avoid wrongful termination claims.
Non-Disclosure Agreements (NDAs)
Protect sensitive company information with NDAs.
Non-Compete and Non-Solicitation Agreements
Make such agreements enforceable under state law.
Social Media Policies
Provide guidelines for how employees should act online regarding their work.
Data Privacy and Security
Put safeguards in place protecting employees’ and clients’ private information.
Training Programs
Engage in and monitor regular training sessions for employees and management on matters of compliance, diversity, and workplace safety.
These are all core legal and operational issues faced by employers. Proactive engagement and updating on these issues leads to compliance and reduces legal risks.
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