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

2. 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)

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

4. 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

5. 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

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

7. 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

8. 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!

9. 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

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

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

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

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