Institute of International Bankers. An Overview of United States Employment Laws

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1 Institute of International Bankers An Overview of United States Employment Laws Sheppard, Mullin, Richter & Hampton LLP James R. Hays December 2017 Sheppard Mullin Richter & Hampton LLP 2016

2 Agenda Fair Employment Practices Laws Workplace Harassment Recruiting/Hiring Issues Managing Your Workforce Wage/Hour/Payroll Compliance Leaves of Absence New York Law Developments

3 Equal Employment Opportunity Laws Federal Laws State Laws Municipal Laws

4 Federal Laws Title VII of the Civil Rights Act of 1964 Equal Pay Act of 1963 Age Discrimination in Employment Act Civil Rights Act of 1866 Americans With Disability Act Immigration Reform and Control Act of 1986 Laws Affecting Federal Contractors

5 Covered Employers Federal Law Generally 15 or more employees. State Law Generally 2 or more employees.

6 Protected Classifications Race Color Religion Sex (including Pregnancy) National Origin Age Disability Citizenship Status Sexual Orientation Marital Status Arrest Record Genetic Information Veteran Status

7 The Americans With Disabilities Act (ADA) Prohibited Base of Discrimination An employer may not discriminate against a qualified individual with a disability because of such disability in regard to job application procedures, hiring, advancement, discharge, compensation, training and other terms and conditions and privileges of employment.

8 The Americans With Disabilities Act (ADA) Required to make reasonable accommodation after engaging in interactive process with individual HOWEVER, an employer need not accommodate an individual s disability if to do so would impose an undue hardship on the operation of the employer s business.

9 Workplace Harassment vquid Pro Quo vhostile Work Environment

10 Workplace Harassment Hostile Work Environment vthe conduct has the purpose or effect of unreasonable interfering with an individual s work performance or creating an intimidating, hostile, or offensive work environment. vworkplace harassment is characterized by a derogatory, abusive, threatening or intimidating behavior, and/or reference to attributes of sex, race, color, religion, national origin, citizenship status, age, marital status, sexual orientation or disability

11 Recruitment/Hiring Issues Recruitment Sources Application Forms Job Interviews Job Descriptions I-9 Forms Offer Letter/Employment Contracts

12 Recruitment Sources Outside Sources Advertising Internet Internal Referrals

13 Employment Applications Legal Review At-will Employment Falsification/omissions Reference/Background Checks Proper/Improper Questions How long will application be kept

14 Job Interviews Proper/Improper Questions Fraudulent Inducement/Misrepresentation

15 Job Descriptions Legal Requirements Accurate and Up-to-Date Essential Duties Physical Requirements Necessary Skills Experience Required Credentials

16 I-9 Form Verifying employment eligibility Recordkeeping

17 Offer Letters/Employment Contracts Legal Requirement What It Should Include - Reference to Employee Handbook - Exempt/Non-Exempt Status - At-Will Employment

18 Managing The Workforce Employee Handbooks Restrictive Covenants Alternative Dispute Resolution Processes Progressive Discipline Employment References

19 Employee Handbooks Legal Requirements At-Will Employment Harassment Policy Time-Off Eligibility Work Rules Employee Benefits

20 Restrictive Covenants Protected Trade Secrets/Confidential Information Non-Compete/Garden Leave Non-Solidification of Customer No-Raiding of Employees

21 Alternative Dispute Resolution Processes Mediation Arbitration Jury Waiver Agreements

22 Progressive Discipline Counseling/Oral Warning Written Warning Suspension Final Warning

23 Progressive Discipline The ACT method of effective performance management techniques Accurate Constructive Timely

24 Employment References Checking References Fair Credit Reporting Act Giving References Name/Position/Tenure

25 Payroll Issues Exempt/Non-Exempt Status

26 The White Collar Exemptions Executive Employee Administrative Employee Professional Employee Computer Employee Highly Compensated Employee

27 Overtime Pay Time and one-half of employee s regular rate for all hours worked in excess of forty hours in a given work week

28 Contractor Issues Independent Contractor v. Employee

29 Leaves of Absence Family and Medical Leave Disability Leave Worker s Compensation Leave ADA Reasonable Accommodation Leave Military Leave

30 Termination Issues Fair Employment Practices Acts Legal Liability Risk Assessment Mass Layoffs/Adverse Impact Studies Release Agreements

31 New York City/State Employment Law Developments NYS Paid Family Leave Act Exempt Salary Threshold Changes NYC Fair Chance Ban the Box Law NYC Salary History Ban NYS Medical Marijuana Act

32 An Overview of United States Employment Laws Sheppard, Mullin, Richter & Hampton LLP James R. Hays