Employment Law

Employee Contracts

You should have the ability to have all of your employment documents reviewed to ensure that you are getting the best benefits for you and your family.  The wealthy population does.  They have all of their documents reviewed prior to signing because it just makes good business sense.  Most people do not think about that when they start a new job and begin the paperwork process.  Anything that you sign your name to should be reviewed by a competent attorney.

Conducting Job Interviews

As an Operations manager, I conduct a fair amount of interviews each year and this could certainly be an area where you could get into a heap of trouble if you have not been trained on interview techniques.  All it takes is asking the wrong question and you have violated your company's employment law or procedure.  Everyone conducts interviews differently but I would like to share how to navigate through the interview process without causing the applicant or you any uncomfortable or unlawful situations.  Here is my interview plan:

1. Start out with some meaningful information about your organization and how it relates to other surrounding organizations if applicable.  Include information about it’s history and where you company plans to be in the next five years.  Talk up your company because, after all, you are selling your organization as well!
2. Tell your applicant why they would want to work there by sharing some of your successes.  Give them examples to back up your statements with measurable data.  An example of this is if your company has customer satisfaction surveys.  You could share the results of your customer surveys for the last quarter.
3. Talk about the team you have in place and what you have done to retain a quality workforce.  Ease their minds about employee conflicts, etc.  No one wants to enter in to a hostile work environment.
4. Have a list of interview questions (approved by your Human Resources Department) ready to ask them.  Follow it closely and get the information that you need to find out from the candidate is a systematic manner.  Stay on track!
5. Finish the interview with the opportunity for them to ask questions and then close the meeting.

Your main purpose is to find out if the applicant is qualified to perform the job function that you want.

Another thing you are trying to determine is if the applicant will be a good fit as far as the other personalities you have working there.  A good manager knows their employees and what types of personalities will blend in well.

Job interviewing can create hidden traps for the unwary employer. Things that you say with the most innocent intent can be misconstrued as prejudicial so be wary.

For example, a casual discussion about a female applicant's upcoming marriage could lead you to ask whether she plans to have children. This could lead the applicant to believe that you discriminated against her based on gender if she doesn't get the job.

Don't ask about anything that the law prohibits such as:

• Race
• Religion
• Sexual orientation
• Marital status
• Age
• Disability
• National origin
• Child status

It is not against the law if the applicant raises any of the above and discusses them in detail.  However, I would be remiss in my advice if I did not tell you to be very careful about your responses. They could be fishing for a reaction to use against you if you do not select them.  Just listen and keep comments regarding the above areas out of the conversation. 

Respect the applicant's privacy. Although federal law does not require you to do so, many state laws and rules of etiquette do.

Don't make promises you can't keep and keep it real.  Tell them the good and the bad and if they should expect a learning curve. Tell them what your pet peeves are (tardiness, last minute leave requests, etc.) as an employer and what you expect.  Explain your management style as well.  Remember, the applicant is interviewing you too.  If you follow this advice then you should not have to worry about any employment law issues and keep your organization safe.

Youth Employment Laws

Thinking of hiring some summer or after school help?  You need to know what the law is according to the U.S. Labor Department  for hiring teens that are 14 and 15 years of age.  Youths may work outside school hours:

• 3 hours on a school day
• 18 hours in a school week
• 8 hours on a non school day
• 40 hours on a non school week

Work must be performed between 7:00 a.m. and 7:00 p.m. except from June 1 through Labor Day when evening hours are extended to 9:00p.m.

If you are 16 or older, you can work:

Any day, any time of day, and for any number of hours. There are no restrictions on the work hours of youth age 16 or older.