reducing employment law liability for small businesses

22
How to Limit That Liability

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This is a helpful guide for Small Businesses to help understand the importance of employment law liability. They have fewer resources to spend on advertising to grow the business. There is another area where small companies are at a disadvantage namely, Liability under Employment Law. Managers in small companies must wear many hats and are not formally trained in Employment Law. Unfortunately, this situation can create extreme liability regarding being able to protect against Employment Law violations. Most small companies cannot afford to have a person on staff that is formally trained in Employment Law. HR Professionals are highly trained and skilled and because of that they command high levels of compensation. Most small companies cannot afford to pay an HR Professional, so generally the Company Owner or Office Manager will try to fill that role. Large companies have a full staff of Employment Law Professionals on staff to put procedures in place to lessen the potential of Employment Law Claims. Learn more at: www.HRforHire.com

TRANSCRIPT

Page 1: Reducing Employment Law Liability for Small Businesses

How to Limit That Liability

Page 2: Reducing Employment Law Liability for Small Businesses

March 29, 2012 - Staffing Industry Analysts Report

Page 3: Reducing Employment Law Liability for Small Businesses
Page 4: Reducing Employment Law Liability for Small Businesses

EEOC/PHRC Charges

Law Suits

Loss of Trust in Management

Reputation

Page 5: Reducing Employment Law Liability for Small Businesses
Page 6: Reducing Employment Law Liability for Small Businesses

Employee Handbook • Federal and State Policies

• Company Policies

• Safety and Health

• Benefits

Page 7: Reducing Employment Law Liability for Small Businesses

Federal: FLSA, OSHA, EEOC, FMLA,

ADAAA, Others

State: W/C, PHRC, Others

Page 8: Reducing Employment Law Liability for Small Businesses

ADA and ADAAA Compliant

Signed by Employee

Signed off by Management Personnel

Keep in Personnel File

Page 9: Reducing Employment Law Liability for Small Businesses

Questions Essential Functions Focused

Legal Pitfalls/Small Talk

What Can/Cannot be Asked

Employment Application (Legal and

Completely Filled Out)

Page 10: Reducing Employment Law Liability for Small Businesses

Keep Critical Incident Files: Locked and

Not Part of Employee File

Short, Factual Entries

If in Doubt (if could lead to disciplinary

action), Have Another Management

Witness Present

Page 11: Reducing Employment Law Liability for Small Businesses

Exempt/Non Exempt Status

Overtime Requirements

Child Labor

Other

Page 12: Reducing Employment Law Liability for Small Businesses

Discrimination

Sexual and General Harassment Training

ADAAA

Age Discrimination in Employment Act

Others

Page 13: Reducing Employment Law Liability for Small Businesses

Healthcare Provider Panel

Notification of Panel and Captive Period

Employee Signature

Keep in Personnel File

Page 14: Reducing Employment Law Liability for Small Businesses
Page 15: Reducing Employment Law Liability for Small Businesses

Handbook Receipt

Business Ethics & Confidentiality

Substance Abuse Policy Receipt

W/C Panel

Job Description

Sexual Harassment & Substance Abuse Training

Equipment Receipt

Others

Page 16: Reducing Employment Law Liability for Small Businesses

Hostile Work Environment

Quid Pro Quo (This for That)

Page 17: Reducing Employment Law Liability for Small Businesses

DI D YOU KNOW:

Page 18: Reducing Employment Law Liability for Small Businesses

Affects Performance (Focus, Caring,

Attitude)

Increases Healthcare Costs

Increases Absenteeism

Increases Employee Accidents

Spreads Among Employees

Page 19: Reducing Employment Law Liability for Small Businesses

Abhorrent Behavior

Potential Loss of Clients

Driving Liability

Us vs. Them Attitude

Drug Free Workplace Act

Reasonable Suspicion Training

Page 20: Reducing Employment Law Liability for Small Businesses

Compliance

Employee Injury Form

W/C Panel (6 Healthcare Providers)

State Reporting Requirements

OSHA Posting Requirements

Right to Know

Page 21: Reducing Employment Law Liability for Small Businesses

Allowable or Not

Separate Medical

Separate I-9

Separate Background Checks

Page 22: Reducing Employment Law Liability for Small Businesses

HR for Hire

PO Box 20065

Lehigh Valley, PA 18002-0065

Phone: (610) 597-7426

Fax: (484) 281-3227

[email protected]

www.HRforHire.com