Now What??? Stefanie Walker HR Consultant You Have Employees... Now What??? Stefanie Walker HR Consultant

A few laws related to employment: Title VII – The 1964 Civil Rights Act Fair Labor Standards Act (FLSA) Age Discrimination in Employment Act (ADEA) Americans with Disabilities Act (ADA) Pregnancy Discrimination Act Family Medical Leave Act (FMLA) Equal Pay Act Uniformed Services Employment and Re-employment Rights (USERRA) Occupational Health and Safety Act (OSHA)

It All Starts with the Hiring….. Interviewing – ask only legally appropriate questions Job Shadowing (when possible) Background checks Reference checks Job Descriptions

Employee Files Job Application and Resume Yes Tax forms Yes Performance Evaluations Yes I-9 Form No Disciplinary Actions Yes Medical/Health-Related Information No Training Records/Certifications/Licenses Yes

Employee Handbooks and Company Policies Why should you have them? Employees need to know what is expected Everyone gets the same information regarding policies and benefits Your defense when something goes wrong Should include a statement that says you reserve the right to change policies at any time for any reason. Handbooks and policies should be reviewed periodically

Documentation Various types of documentation Performance Evaluations Performance Issues Investigations Employees and managers have short term and/or selective memory!

Properly Classifying Employees This can be one of the biggest (and most costly) mistakes an employer can make Exempt vs. Non-Exempt Exempt employees Executives, Administrators, Computer employees (some not all), and Professionals, who earn a salary of more than $23,660 per year Must be paid on a salaried basis Not eligible for overtime

Properly Classifying Employees (cont.) Non-exempt employees Paid on an hourly basis Eligible for overtime for any hours worked over 40 per week Failure to pay overtime may cost an employer 2-3 years of back pay per employee!

Properly Classifying Employees (cont.) Employee vs. Independent Contractor This can be complicated Know the rules (IRS, DOL, State Unemployment, State Worker’s Compensation, and State Tax Department) Consult with a professional to ensure that you’re classifying the individual correctly

Pop Quiz It is okay to prohibit employees from discussing their individual pay False

Pop Quiz Exempt employees may not have partial day deductions taken from their pay True

Pop Quiz When an employee is on a medical leave of absence you are not required to hold their job False

Pop Quiz Employees may be disciplined for discussing the company on social media True and False