Employment Laws for Managers
ObamaCare - while it may not have affected all companies, there still might have been specifics that needed to be heeded or perhaps an overall retooling of a Company’s healthcare had to be done and implemented. And, don’t forget the HIPAA act re: privacy of employee records. You must adhere to the practice of keeping worker’s private information private.
The laws are ever-changing in the workplace, and what was considered politically correct to tell an employee a decade ago, is not necessarily standard practice now. A good Human Resources Manager here in the New Jersey area always keeps up on trends in employment law and also should have a reliable NJ employment law attorney on his or her speed dial for those tricky employee issues.
Some of the items that a Manager needs to be well-versed in these days are:
Miscellaneous:
· Electronic devices or social media in the workplace – Years ago handbooks or work rules were circulated to employees and sometimes they had to initial receipt of them, and that acknowledgement was placed in the personnel file. Sure, it was easy for an employee to say they would not use the company phone for personal calls or Company computers for their own use and benefit. If a person wanted to keep their job they abided by those rules and used a payphone on their lunch hour. But, nearly everyone has a cell phone these days and most phones have access to social media. So, how many minutes, if not hours, of every day does an employee spend Company time talking on the cell phone, texting, e-mailing or accessing a Facebook or Twitter account? The Company can track your use of their equipment – how savvy are they to know how much time you spend on social media. It is important to rewrite your handbook or work rules to set parameters for using personal electronic devices in the workplace.
· Workplace harassment
· Today’s workplace is not your father’s workplace, whether it is an office environment, an industrial setting or even a construction site. Many women today have jobs formerly held by men and they should be treated as equals in the workplace. But, in strong male-dominated jobs, sometimes it is hard to accept women into the fold and treat them as equals. Harassment can be found in many forms, not just sexual harassment. A good rule of thumb is to have a reporting procedure implemented so that the wronged employee knows the chain of command to which to report the incident(s). That information should be distributed to all employees. Unless you already do so, the H.R. Manager should consider implementing an open-door policy so people feel free to report incidents to him/her.
· Overtime and the minimum wage law
· The Fair Labor Standards Act (“FLSA”) is the nation's main wage law. It is important because it sets the federal minimum wage (many individual states have higher minimums) and requires employers to pay time-and-a-half for their hourly employees who work more than 40 hours in a workweek. The FLSA additionally regulates the amount of hours and types of duties as applies to teenagers who work. Employees should always be paid above the minimum wage and for any overtime worked, if applicable. If an employee’s duties change, Supervisors should be instructed to contact Human Resources because it may affect whether the employee is eligible for overtime pay.
· Gender-pay differences law
· The Equal Pay Act (“EPA”) says employers cannot pay female employees less than male employees for equal work on jobs that require equal skill, effort and responsibility. The only time a distinction should be made as to different pay for the same job title, is when it involves varying levels of responsibility, duties, skill requirements or credentials.
· Safety in the workplace law
· The Occupational Safety and Health Act (“OSHA”) requires employers to run a business in which their employees are free from recognized hazards. Employers should stay abreast of all OSHA regulations for their particular state and ensure there are no noticeable hazards that may impact their employees’ well-being in the work environment.
· Immigration laws protect our own working citizens
· The Immigration Reform and Control Act (“IRCA”) makes it illegal to hire and employ illegal aliens. To thwart the use of illegal aliens for business purposes, all employers must verify identification and workplace eligibility for all hires by having them complete I-9 Forms. If the legal immigrant is hired, it is illegal to pay a lower rate of pay based upon the fact that the worker is not a U.S. citizen.
Discrimination
One of the most important concepts for a Supervisor or H.R. Manager to understand is discrimination. Title VII of the Civil Rights Act of 1964 prohibits a Company from discriminating as to hiring, firing or pay based on a person's race, religion, sex or national origin. It also prohibits sexual harassment. As a Supervisor or H.R. Manager, you should treat all employees and applicants equally without regard to their race, religion, gender or any other characteristics not related to job performance. Incidents of discrimination include:
· Age discrimination
The Age Discrimination in Employment Act (“ADEA”) forbids you to discriminate against any applicant or employee older than the age of 40 just because of their age. A good rule of thumb is to never consider a person's age or proximity to retirement into account when making decisions regarding hiring, firing, pay, benefits or promotions.
· Disability discrimination
· The Americans with Disabilities Act (“ADA”) prohibits job discrimination against qualified people with disabilities. The Act defines a qualified person with abilities as those who can perform the job's essential functions with or without a reasonable accommodation. A word to the wise, however – it is best to not reject an applicant because you THINK their disability prevents them from doing the job. During the interview, pose questions, this allows the applicant to speak about their ability to perform the job's essential functions. Ensure that the Company is current i.e. up to code as to creating reasonable accommodations for any disabled employees.
· Pregnancy discrimination
· The Pregnancy Discrimination Act (“PDA”) prohibits job discrimination on the basis of pregnancy, childbirth and related medical conditions. The employer is not permitted to deny a job or promotion merely because its employee is pregnant or had an abortion, nor can she be fired for her condition, nor forced to go on leave. The best course for management to take as regards a pregnant employee is to treat her the same as an employee with a medical condition that inhibits them from performing certain tasks (like having a bad back), i.e. allow them to perform light duty until the condition is resolved.
Leave
There are various types of leave from the workplace that employees are entitled to. Some of the most-common types are listed below:
· Family leave
· The Family and Medical Leave Act (“FMLA”) is a law that entitles eligible employees, with at least one year of service with the Company, to be permitted to take up to twelve weeks’ unpaid and job-protected time off from work. The criteria for this requested leave of absence would be as follows: to take care of their own health or to care for a sick child, parent or spouse with a serious medical condition; the birth of a child or adoption of a child. The FMLA applies to organizations with fifty or more employees. Consider each request for leave from work and whether or not the criteria for the leave fits into the FMLA parameters since an employee may not necessarily ask for the leave by using the exact acronym “FMLA” or referring to that Act by name.
· Military leave
· The Uniformed Services Employment and Reemployment Rights Act (“USERRA”) makes it illegal to discriminate against employees who volunteer or are called to military duty. As an example, when reservists return from active duty tours of less than five years, you must re-employ them to their old jobs or to equal jobs Be generous in granting the returning reservist’s position because this is an oft-contested dispute when employees invoke the USERRA; courts typically side with the employee.
The laws are ever-changing in the workplace, and what was considered politically correct to tell an employee a decade ago, is not necessarily standard practice now. A good Human Resources Manager here in the New Jersey area always keeps up on trends in employment law and also should have a reliable NJ employment law attorney on his or her speed dial for those tricky employee issues.
Some of the items that a Manager needs to be well-versed in these days are:
Miscellaneous:
· Electronic devices or social media in the workplace – Years ago handbooks or work rules were circulated to employees and sometimes they had to initial receipt of them, and that acknowledgement was placed in the personnel file. Sure, it was easy for an employee to say they would not use the company phone for personal calls or Company computers for their own use and benefit. If a person wanted to keep their job they abided by those rules and used a payphone on their lunch hour. But, nearly everyone has a cell phone these days and most phones have access to social media. So, how many minutes, if not hours, of every day does an employee spend Company time talking on the cell phone, texting, e-mailing or accessing a Facebook or Twitter account? The Company can track your use of their equipment – how savvy are they to know how much time you spend on social media. It is important to rewrite your handbook or work rules to set parameters for using personal electronic devices in the workplace.
· Workplace harassment
· Today’s workplace is not your father’s workplace, whether it is an office environment, an industrial setting or even a construction site. Many women today have jobs formerly held by men and they should be treated as equals in the workplace. But, in strong male-dominated jobs, sometimes it is hard to accept women into the fold and treat them as equals. Harassment can be found in many forms, not just sexual harassment. A good rule of thumb is to have a reporting procedure implemented so that the wronged employee knows the chain of command to which to report the incident(s). That information should be distributed to all employees. Unless you already do so, the H.R. Manager should consider implementing an open-door policy so people feel free to report incidents to him/her.
· Overtime and the minimum wage law
· The Fair Labor Standards Act (“FLSA”) is the nation's main wage law. It is important because it sets the federal minimum wage (many individual states have higher minimums) and requires employers to pay time-and-a-half for their hourly employees who work more than 40 hours in a workweek. The FLSA additionally regulates the amount of hours and types of duties as applies to teenagers who work. Employees should always be paid above the minimum wage and for any overtime worked, if applicable. If an employee’s duties change, Supervisors should be instructed to contact Human Resources because it may affect whether the employee is eligible for overtime pay.
· Gender-pay differences law
· The Equal Pay Act (“EPA”) says employers cannot pay female employees less than male employees for equal work on jobs that require equal skill, effort and responsibility. The only time a distinction should be made as to different pay for the same job title, is when it involves varying levels of responsibility, duties, skill requirements or credentials.
· Safety in the workplace law
· The Occupational Safety and Health Act (“OSHA”) requires employers to run a business in which their employees are free from recognized hazards. Employers should stay abreast of all OSHA regulations for their particular state and ensure there are no noticeable hazards that may impact their employees’ well-being in the work environment.
· Immigration laws protect our own working citizens
· The Immigration Reform and Control Act (“IRCA”) makes it illegal to hire and employ illegal aliens. To thwart the use of illegal aliens for business purposes, all employers must verify identification and workplace eligibility for all hires by having them complete I-9 Forms. If the legal immigrant is hired, it is illegal to pay a lower rate of pay based upon the fact that the worker is not a U.S. citizen.
Discrimination
One of the most important concepts for a Supervisor or H.R. Manager to understand is discrimination. Title VII of the Civil Rights Act of 1964 prohibits a Company from discriminating as to hiring, firing or pay based on a person's race, religion, sex or national origin. It also prohibits sexual harassment. As a Supervisor or H.R. Manager, you should treat all employees and applicants equally without regard to their race, religion, gender or any other characteristics not related to job performance. Incidents of discrimination include:
· Age discrimination
The Age Discrimination in Employment Act (“ADEA”) forbids you to discriminate against any applicant or employee older than the age of 40 just because of their age. A good rule of thumb is to never consider a person's age or proximity to retirement into account when making decisions regarding hiring, firing, pay, benefits or promotions.
· Disability discrimination
· The Americans with Disabilities Act (“ADA”) prohibits job discrimination against qualified people with disabilities. The Act defines a qualified person with abilities as those who can perform the job's essential functions with or without a reasonable accommodation. A word to the wise, however – it is best to not reject an applicant because you THINK their disability prevents them from doing the job. During the interview, pose questions, this allows the applicant to speak about their ability to perform the job's essential functions. Ensure that the Company is current i.e. up to code as to creating reasonable accommodations for any disabled employees.
· Pregnancy discrimination
· The Pregnancy Discrimination Act (“PDA”) prohibits job discrimination on the basis of pregnancy, childbirth and related medical conditions. The employer is not permitted to deny a job or promotion merely because its employee is pregnant or had an abortion, nor can she be fired for her condition, nor forced to go on leave. The best course for management to take as regards a pregnant employee is to treat her the same as an employee with a medical condition that inhibits them from performing certain tasks (like having a bad back), i.e. allow them to perform light duty until the condition is resolved.
Leave
There are various types of leave from the workplace that employees are entitled to. Some of the most-common types are listed below:
· Family leave
· The Family and Medical Leave Act (“FMLA”) is a law that entitles eligible employees, with at least one year of service with the Company, to be permitted to take up to twelve weeks’ unpaid and job-protected time off from work. The criteria for this requested leave of absence would be as follows: to take care of their own health or to care for a sick child, parent or spouse with a serious medical condition; the birth of a child or adoption of a child. The FMLA applies to organizations with fifty or more employees. Consider each request for leave from work and whether or not the criteria for the leave fits into the FMLA parameters since an employee may not necessarily ask for the leave by using the exact acronym “FMLA” or referring to that Act by name.
· Military leave
· The Uniformed Services Employment and Reemployment Rights Act (“USERRA”) makes it illegal to discriminate against employees who volunteer or are called to military duty. As an example, when reservists return from active duty tours of less than five years, you must re-employ them to their old jobs or to equal jobs Be generous in granting the returning reservist’s position because this is an oft-contested dispute when employees invoke the USERRA; courts typically side with the employee.