A Manager’s Guide to HR Law Going Beyond Mere Compliance July 2017

Your Presenter Steve Semler Chief Learning Architect / Talent Consultant Author HR Geek

Pseudo-Mandatory Disclaimer This presentation is not actual legal advice. Consult with your organization’s legal counsel before making any legal decisions.

The Law is there to Help People

A little bit about HR law Every law was prompted by multiple past injustices Attempts to prevent future injustices States what you can’t do States what you must do Must be taken as a whole As a manager, you need to know enough to make good decisions. The core principle behind HR law is to make decisions based on fair and equal treatment of individuals.

Triggers Contracting Hiring Compensation Assignment Scheduling Training Promotion Conflict Termination

What gets managers in trouble? Some cases… Failure to document Failure to pay overtime Misguided paternalism/maternalism Playing favorites Compliance miscalculations Failure to accommodate Turning a blind eye to bullying Credit: Jathan Janove, J.D., HR Magazine, June/July 2017

What questions do you have?

Can’t do: Discrimination Preferring an individual or group because of characteristics that are not requirements for the work performed. Protected classes: Info that can’t be used for decisions: Sex Race Ethnic background National origin Gender identity Veteran status Religion Disability status Age Genetic information Criminal convictions Credit history

Discrimination, direct and indirect Adverse impact: When decisions are not based on protected characteristics, but have a negative impact on people with common protected characteristics. These are “Second Generation” discrimination cases, but just as damaging and costly as direct cases.

Discrimination, by other paths Language (national origin) Culture (national origin, race, ethnicity) Dress code (religion, national origin) Schedule (religion, disability, age) “Customers will relate to this person” (race, ethnicity, age, gender, etc.) “Fit with our culture and mission”

Discrimination alternatives, Part 1 Do this to stay on the side of justice: Base employment decisions on bona fide occupational qualifications (BFOQ’s) Knowledge, skills, abilities – all related to behavior and results needed for the work that must be done Every employee in that role needs these and only these Everything else is irrelevant Put soft skill or customer and team relations requirements into behavioral terms Behavioral terms…?

BFOQ’s in behavioral terms Knowledge of grant writing terms, customs, and requirements Skill with MS Word and Adobe Acrobat for preparing grant applications and reports Ability to coordinate with multiple stakeholders to prepare, submit, and track grant requests Ability to analyze and calculate complex cost formulas for grants Ability to perform physical requirements of the job [specify these] Ability to consistently convey a helpful, positive impression while working and communicating with people from different cultures and backgrounds Ability to resolve conflict between self and others constructively and independently

Discrimination alternatives, Part 2 Install guard rails: Look hard at your implicit biases Education Experience What the client will relate to Style Put processes in place to reduce bias in personnel decision making (hiring, training, promotion, assignments, scheduling, compensation, retention)

Pause for questions and dialogue

Can’t do: Interfere with Collective Action National Labor Relations Act prohibits an employer from interfering (for or against) attempts of employees to discuss and negotiate terms of work conditions and pay. Key Point: Discussing terms and conditions of employment is protected activity, at the workplace and outside it. Trending Caution Area: Social media!

Must do: Pay and benefits Employment eligibility verification Minimum wage Overtime pay: FLSA Exempt and Non-exempt statuses Hours Benefits Employee records access Fair and consistent discipline and performance management

Must do: Inform employees Required posters Inform employees of their rights Includes prohibition against retaliation Managers need to read and understand these posters, too!

What questions do you have?

Cases for thought What is the possible issue? How could you tell if this is really a problem? What would you do if you were in this situation?

Summary: Be aware, be fair Understand the intent of the law Be aware of the trigger situations Know what you can’t do, what you must do, and why Speak with your HR professional for help

Resources Your HR Manager HR Laws for Managers (Google Search) Advice: Talk with this person! HR Laws for Managers (Google Search) Search: HR laws for managers Society for Human Resource Managment (SHRM) Site: www.shrm.org This is the resource HR professionals use steve@learningsim.com