by Stephen D. Hans | Mar 10, 2017 | Employee Handbook, Employment Defense Attorney, HR Guidelines
There is a lot of administration involved with running a business, and sometimes you wonder what records to keep and how long you have to keep them. The EEOC (Equal Employment Opportunity Commission)clarifies what your record keeping requirements are under federal law as the following: The EEOC requires you to keep all employment records for personnel for one year. If you fire an employee, then you must keep that former employee’s records for one year from the date of termination. The Age Discrimination in Employment Act (ADEA) requires employers to keep all payroll records for three years. Also if you have employee benefit plans such as pensions and insurance plans, and any written seniority or merit system, you must keep records of these plans for the full time the plan is in effect. Or if you fir the employee, for one year after the employee’s termination. The Fair Labor Standards Act (FLSA) requires you to keep records that could be applicable to the Equal Pay Act (EPA) for at least three years. This includes any records that would explain the reason for paying different wages to employees of opposite sexes who work in the same establishment. You should keep for at least two years records that show wage rates, job evaluations, seniority, merit systems and collective bargaining agreements. What Records Do You Need if the EEOC Files a Charge on You? While no one wants to think about having a claim filed against the business with the EEOC, it’s good to be prepared in the event it happens. Let’s say you discover an employee has filed a claim...
by Stephen D. Hans | Oct 10, 2016 | Employee Handbook, HR Guidelines
Employee handbooks are a proactive measure for businesses to protect employee’s rights and also provide the business with legal protection. Employee Handbook Sections The Small Business Administration (SBA) provides useful information about writing employee handbooks. Companies should consider including the following sections: Non-Disclosure Agreements (NDAs) and Conflict of Interest Statements. Not all businesses would require this, but if you have trade secrets and proprietary information, including an NDA and conflict of interest statement can help you protect your business property. Anti-Discrimination Policies. A number of anti-discrimination laws require you to adhere to their guidelines, including: Chapter VII of the Civil Rights Law and the Americans with Disabilities Law (ADA). New York has its own anti-discrimination laws, which are even more comprehensive, that you can also address. Compensation. Federal and state tax deductions, 401Ks, overtime pay, breaks, bonuses, pay schedules, time keeping records and workers’ compensation are topics to cover under compensation so that employees understand and know what to expect. Work Schedules. Employers should explain their work hours and schedules, and how they deal with attendance and punctuality. If they have special flex schedules or telecommuting opportunities, this should also be included. Standard of Conduct. Employers should explain their dress codes, ethical work codes and other behavior expected of employees. They should also address employee’s legal responsibilities when the business is involved in a government-regulated activity. Other sections to include in your handbook are: general employment information (job classifications, employee records, job postings, probationary periods, termination and resignation procedures, transfers and relation and union information), safety and security (OSHA requirements, procedures in the event of an earthquake, hurricane, etc.),...
by Stephen D. Hans | Jun 21, 2016 | Employment Discrimination, HR Guidelines
According to the Equal Employment Opportunity Commission (EEOC), disability discrimination charges filed with the EEOC increased by six percent in 2015, reaching a new high compared with the previous year. Employers should take heed and ensure they understand the accommodations that the Americans with Disability Act (ADA) requires of them for disabled employees. New Resource Document for Leave and Disability In an effort to address the ADA issue, the EEOC released a document that outlines the main underlying causes of ADA violations. It discovered that often companies have policies that deny or unlawfully restrict the use of leave as a reasonable accommodation. How the Resource Can Help Your Company Employers and employees frequently have questions about how to deal with leave requests from disabled workers. This resource addresses specific situations so companies can better understand how to apply ADA guidelines. It consolidates ADA guidelines, organizing it into one place. It also addresses and clarifies the following by providing examples: When a leave is a reasonable accommodation How a leave is an interactive process Maximum leave policies “100 percent healed policies” Reassignment Employer hardship issues Amount and length of leave required Frequency of leave Predictability of intermittent leave Impact of leave on employer’s operations and the business’s ability to serve customers and clients in a timely manner You can find this document entitled “Employer-Provided Leave and the Americans with Disabilities Act” on the EEOC website. Seek Experienced Legal Help for ADA Issues If you face challenges as an employer and have questions about the ADA or how to interact with disabled workers, our attorneys at Stephen Hans & Associates can...
by Stephen D. Hans | Apr 27, 2016 | Employment Defense Attorney, Employment Law, HR Guidelines
New York Family Medical Leave Act Benefits (FMLA) As an employer, from time to time, you’ll have employees who want to take a family leave. The Family Medical Leave Act (FMLA) grants employees the right to take a leave under certain circumstances and also keep their job secure. The recent New York State law that increased minimum wages also created changes in FMLA leaves for New Yorkers. Family members can now request a 12 weeks paid family leave. New York’s family leave program is currently the most comprehensive in the nation. The circumstances under which you can request family leaves include: Caring for an infant Caring for a family member with a serious health condition Relieving family pressures when a family member is called to active military service Here is how the program works: Employees are eligible after working for an employer for six months Beginning in 2018, benefits phase in at 50 percent of an employee’s average weekly wage (capped to 50 percent of the statewide weekly wage) In 2021, benefits become 67 percent of the average weekly wage (capped at 67 percent of the average statewide weekly wage) How is it funded? Not through the employer because a nominal payroll deduction applies, making it cost nothing for large and small businesses. Benefits for Women All too often in the past, when women left their jobs to care for a newborn baby, their careers suffered based on diminished future earnings. This new law aims to equalize income opportunities for women and is a vital step in the long-term for establishing income equality for women. As an employer, you...
by Stephen D. Hans | Mar 11, 2016 | Employment Defense Attorney, HR Guidelines
The answer to this question is: it depends on the circumstances. GPS tracking and privacy rights are still an emerging area of case law. In some cases, GPS tracking has been challenged as a violation of the individual’s Fourth Amendment Rights against search and seizure. However, according to Privacy Rights Clearinghouse, GPS tracking isn’t generally an issue when employees are driving company-owned cars. There are even instances when an employer can attach a GPS to an employee-owned car and tracking isn’t an issue. The New York Supreme Court ruled on a case in 2011 where a public employee had received discipline over a previous period of 10 years for workplace misconduct. When the employer suspected the employee of a pattern of unauthorized absences from work and falsifying time records, the employer hired an investigator to tail the worker. Tailing failed because the employee realized he was being followed. Consequently, the employer placed a GPS tracking device on the employee’s car. A Civil Service Law Hearing found there was sufficient evidence to prove falsified time records without the GPS evidence. The Supreme Court ruled that in a criminal investigation, probable cause and a warrant was required but not in an administrative hearing. The search in this case was reasonable based on the circumstances of the employee’s prior disciplinary record and the fact that other private investigation methods had failed. More stringent standards are necessary in a criminal case based on the U.S. Constitution and NY Constitution, which offer protections against illegal search and seizure in criminal prosecution. If you’re considering placing a GPS tracking device on an employee’s car, you...
by Stephen D. Hans | Feb 16, 2016 | Employment Defense Attorney, HR Guidelines
Many employees today wear headsets for phone conversations because it frees their hands to type and check facts on the computer. While their headsets are still on, employees often speak with each other as well. The question arises, can employers monitor their employees’ conversations? The answer is yes, in the same way an employer can monitor employees’ conversations with clients or customers. However, if the headset has a mute button, then an employee can put the headset on mute when not using the telephone. Other legal ways for employers to monitor phone activity is through a register, which is a device that keeps a record of numbers dialed and the amount of time spent on each call. These records can help employers analyze call times or calls into certain areas with sales or other phone activities for effectiveness. For example, is there a correlation between longer calls and sales? Or is the company making a lot of sales in a particular demographic or location? Private Rights Clearinghouse indicates that as an employer, you may run into employees who believe you are using the register unfairly to evaluate their efficiency. Employees may accuse you of not taking into account their quality of performance. So, it is important to know your legal rights as an employer and ensure you also have methods in place to evaluate an employee’s performance fairly. At Stephen Hans & Associates, we often answer questions like these, and of course, each situation has its own unique and specific concerns. For this reason, if you run into problems, you should schedule a consultation so you can get a...
