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
Agenda Fair Employment Practices Laws Workplace Harassment Recruiting/Hiring Issues Managing Your Workforce Wage/Hour/Payroll Compliance Leaves of Absence New York Law Developments
Equal Employment Opportunity Laws Federal Laws State Laws Municipal Laws
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
Covered Employers Federal Law Generally 15 or more employees. State Law Generally 2 or more employees.
Protected Classifications Race Color Religion Sex (including Pregnancy) National Origin Age Disability Citizenship Status Sexual Orientation Marital Status Arrest Record Genetic Information Veteran Status
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.
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.
Workplace Harassment vquid Pro Quo vhostile Work Environment
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
Recruitment/Hiring Issues Recruitment Sources Application Forms Job Interviews Job Descriptions I-9 Forms Offer Letter/Employment Contracts
Recruitment Sources Outside Sources Advertising Internet Internal Referrals
Employment Applications Legal Review At-will Employment Falsification/omissions Reference/Background Checks Proper/Improper Questions How long will application be kept
Job Interviews Proper/Improper Questions Fraudulent Inducement/Misrepresentation
Job Descriptions Legal Requirements Accurate and Up-to-Date Essential Duties Physical Requirements Necessary Skills Experience Required Credentials
I-9 Form Verifying employment eligibility Recordkeeping
Offer Letters/Employment Contracts Legal Requirement What It Should Include - Reference to Employee Handbook - Exempt/Non-Exempt Status - At-Will Employment
Managing The Workforce Employee Handbooks Restrictive Covenants Alternative Dispute Resolution Processes Progressive Discipline Employment References
Employee Handbooks Legal Requirements At-Will Employment Harassment Policy Time-Off Eligibility Work Rules Employee Benefits
Restrictive Covenants Protected Trade Secrets/Confidential Information Non-Compete/Garden Leave Non-Solidification of Customer No-Raiding of Employees
Alternative Dispute Resolution Processes Mediation Arbitration Jury Waiver Agreements
Progressive Discipline Counseling/Oral Warning Written Warning Suspension Final Warning
Progressive Discipline The ACT method of effective performance management techniques Accurate Constructive Timely
Employment References Checking References Fair Credit Reporting Act Giving References Name/Position/Tenure
Payroll Issues Exempt/Non-Exempt Status
The White Collar Exemptions Executive Employee Administrative Employee Professional Employee Computer Employee Highly Compensated Employee
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
Contractor Issues Independent Contractor v. Employee
Leaves of Absence Family and Medical Leave Disability Leave Worker s Compensation Leave ADA Reasonable Accommodation Leave Military Leave
Termination Issues Fair Employment Practices Acts Legal Liability Risk Assessment Mass Layoffs/Adverse Impact Studies Release Agreements
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
An Overview of United States Employment Laws Sheppard, Mullin, Richter & Hampton LLP James R. Hays