10 key points every business owner and senior executive should know about employment law
By Phyllis J. Towzey, Esq., BCS in Labor and Employment Law
Know your employee handbook and policies
- EEO Statement
- Sexual Harassment Policy
- Rules for Employees
- No expectation of Privacy
Know what union rights also protect non-union employees
- New NLRB rules protecting facebook posts
- Concerted activity
- Co-worker present during disciplinary meeting
Know whether Non Compete Contracts are right for you.
- Purpose, Scope and Enforceability
- Agreements re Nonsolicitation, Confidentiality and Nondisparagement
Know your obligations under Federal, State and Local Employee Civil Rights laws.
- Age, Race, Sex, National Origin, Disability, Religion, Marital Status
- Local ordinances re sexual orientation
- FMLA and the Pregnancy Discrimination Act
- Reasonable Accommodations under the ADA
Know Overtime Law: Who is an exempt employee and who is not?
- It’s YOUR duty to keep the records
- The laws have changed – make sure your classifications are up to date
- Don’t use “Comp Time” for hourly employees
Know how to terminate an employee properly.
- When too much niceness can hurt you
- Document the file
- Should you escort them out of the building? Factors to consider.
Know when and how to use a Severance Agreement
- When being generous can save you $
- Include a valid release
- Different approach for key executives, middle management, and staff
- Special rules apply for company-wide or department-wide layoffs.
- Notice required for plant closings or sale of business
Know unemployment appeal hearings
- Know how the law defines misconduct
- Be strategic about whether to contest benefits
- New provisions in law this year affect who gets benefits
- Know what to provide for the hearing
- Get it right the first time
- How to conduct yourself at a hearing
Know what records to keep and what records to destroy
- Sarbanes Oxley (SOX) legislation
- Federal Court Discovery Rules
- Electronic Document Retention
Know and Understand “Employment at Will”
- The central concept in 43 states including Florida
- Your defense against employee entitlement