Navigating the Legal Landscape of Recruitment & Workplace Policies

Employing workers comes with a host of legal responsibilities. Federal and state employment laws play an important role in shaping company policies around recruitment, hiring, compensation, workplace safety, conduct, termination procedures, and more. In this article, we’ll highlight some of the important legal considerations to be aware of when creating these kinds of policies and how to protect your business from legal liability.

Understanding the Legal Landscape

Several different types of laws impact employment policies. While all U.S. employers must comply with federal laws, state and local laws often create additional requirements. Before drafting or revising employment policies, be sure to familiarize yourself with the specific legal requirements that apply to your business.

Anti-Discrimination

Anti-discrimination laws aim to ensure equal access to employment, housing, services, and other opportunities. They prohibit treating applicants or employees less favorably based on protected characteristics like race, sex, gender identity, religion, disability, age, and sexual orientation. Below are important federal anti-discrimination laws that you should consider when setting workplace policies:

• Title VII of the Civil Rights Act of 1964 prohibits discrimination in employment based on an applicant’s race, color, religion, sex, or national origin.
• The Equal Pay Act of 1963 is an amendment to the Fair Labor Standards Act that was passed to prohibit sex-based wage discrimination. Its protections have been expanded over the years to include other classifications, such as race, religion, disability, national origin, gender identity, pregnancy, and more.
• The Age Discrimination in Employment Act of 1967 bars discrimination against individuals who are 40 years of age or older based on their age. (However, employers are allowed to favor older workers over younger ones, even if the younger workers are over age 40.)
• The Americans with Disabilities Act prohibits employment discrimination against individuals with present, past, or perceived disabilities.

Wage & Hour

The Fair Labor Standards Act (FLSA) requires employers to pay their employees at least the established minimum wage, provide additional overtime compensation, maintain employee wage and hour records, and adhere to certain standards when employing youth. It also requires employers to post a notice of these rights in a prominent place that is easily accessible to employees. Be aware that many states have laws that provide stronger employee protections than the FSLA.

Leave

The Family and Medical Leave Act (FMLA) provides job protections and guaranteed leave for employees who need it to address specified family or medical needs. The act provides up to 12 weeks of unpaid leave in a 12-month period to care for a newborn or newly adopted child, to care for a spouse, child, or parent with a serious health condition, or to recover from a health condition that prevents the employee from being able to perform essential job functions. Additionally, this leave must be provided for certain exigent circumstances, such as a need to make alternate childcare arrangements, arising out of an immediate family member’s active military service. Family caregivers who are caring for members of the military may be eligible for 26 weeks of leave in a 12-month period under the act. The FMLA provides only for unpaid leave; however, several states have passed laws that require employers to provide paid leave.

Safety

The Occupational Safety and Health Act of 1970 protects workers’ rights to a safe work environment. It requires employers to provide training on known hazards and harm-prevention practices, using languages and vocabulary that workers can understand and to supply employees with appropriate safety equipment. Employees may request inspections by the Occupational Safety and Health Administration (OSHA), and the law provides employees the right to speak with OSHA inspectors and to examine the results of workplace safety testing.

Ensuring Legal Compliance

Employers should take several steps to ensure they remain in compliance with all applicable federal and state employment laws. These include, but are not limited to, the following:

Craft non-discriminatory job descriptions.

All job descriptions should focus on the essential skills and experience needed for the position. Take care to make descriptions as inclusive as possible to attract all qualified applicants, and ensure that all qualifications you list are directly relevant to the job’s essential functions. While requirements that applicants be able to lift 50 pounds, remain standing for hours at a time, or speak fluent English, for example, may be appropriate in some cases, they could be considered discriminatory if the essential functions of the job could be performed without these abilities.

Standardize hiring practices.

Create a consistent process for screening applicants, conducting interviews, and selecting job candidates. Avoid ad hoc procedures and subjective selection processes, which can more easily allow hiring personnel to be swayed by personal biases. Ensure that applicants who seek the same position are subjected to the same process, including interview questions, testing, and background investigations, and base all hiring decisions on objective criteria.

Establish workplace policies that protect employees.

Create written policies that protect employees from discrimination, harassment, and unsafe working conditions and that describe the steps employees can take to enforce their legal rights. These policies should emphasize your business’ commitment to fair employment practices, establish a code of conduct, and outline standard procedures for reporting violations as well as enumerate the consequences of such violations.

Include a written policy for requesting legally protected leave and, if applicable, receiving state-mandated pay for that leave. If your workplace contains known hazards, be sure to outline training and reporting procedures designed to protect worker safety. Make these policies easily accessible to all employees.

Expert Help for Human Resources & Compliance

Navigating the complex and ever-evolving landscape of employment law takes significant time and expertise. A trusted back-office solutions provider can take many of these responsibilities off your plate, freeing you to focus on core business operations. Outsourced professionals have the training and experience needed to stay abreast of changing legal requirements and ensure your business practices remain compliant.

The experts at Employer Solutions Staffing Group can help protect your business from legal liability in several ways:

• Ensure fair and consistent recruitment, hiring, advancement, and termination practices
• Draft anti-discrimination and harassment policies
• Establish processes for employee leave requests
• Ensure timely and accurate payroll
• Standardize safety trainings
• Stay abreast of federal, state, and local requirements for all your business locations

Learn more about the solutions we offer, or follow our blog for regular updates on employment-related topics.