minnesota employment law: part 1 hiriing
DESCRIPTION
Overview of hiring and employment laws in Minnesota.TRANSCRIPT
THE TRICKY TRUTH ABOUT HIRING AND FIRING
COMPLIANCE
Part 1: Hiring
SEILER & ASSOCIATES, PLLC7900 Highway 7, Suite 350
Minneapolis, Minnesota 55426952.358.7400/[email protected]
© Copyright 2010 Seiler & Associates, PLLCThese materials are for educational purposes only and do not constitute legal advice.
Participants and readers should seek the advice of counsel of their own choosing before taking or foregoing any employment related action.
HIRING: It’s Not Just a Handshake
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LEGAL PERSPECTIVE—PROTECTED CLASSES Blue Eyed Devils Long Haired Hippies Halitosis Harry Four Eyed Geeks Capped Connie Tattooed Angel Pierced Paul Stinky Simon Packer Backer
LEGAL PERSPECTIVE—PROTECTED CLASSES
Race Color Creed National Origin Religion Age (≥40 Fed - 18 MN) Sex (Including Pregnancy) Sexual Orientation (MN) Marital Status Disability Status with regard to public assistance Membership or activity in a local commission Any other legally protected factor
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RECRUITING AND ADVERTISING Trade Magazines; Newspapers; Internet
vs. Word of Mouth/Referrals/Grapevine
People Look The Same: May Give Rise To Discrimination Claims Inner City Company Uses Suburban Hiring Firm
Company Does Not Reflect Urban Community Suburban Company Hires From Community
Company Does Not Attempt To Diversify
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NEWSPAPER ADVERTISEMENT
EEO Emplyr seeks SWF, 35-39 yo, abled, fit, sw metro resid, blue eyed, no tats, no piercings, typ 50 wpm, able to tk a jk, 10 key, lng hrs, low pay, ms office, no kids, no OT, no weirdos, no Packer backers.
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JOB DESCRIPTIONS Forms
On Line; Make your own Content
Functions and Skill Sets Essential vs. Non-Essential Duties (Actual Tasks) Use Current/Exiting Employees
Reasonable Accommodation Statement 15 Or More Employees
Offer Letters Performance Reviews/Discipline
Personnel Records—Notice of Employee Rights Must Provide Applicants with Notice of
Employee Rights to Personnel Records at time of Application 20+ Employees
Minn. Stat. §181.9631
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THE HIRING TEAM Create A Plan
Who Will Interview, When and Why Supervisors vs. HR
How many rounds of interviews to conduct Each Person Has An Articulable Task
What will each person ask Each Person Is Trained
The Legal Dos and Don’ts
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THE INTERVIEWTIPS
Elicit Useful Information Open Ended Questions
Use the Applicant’s Resume Ask for Examples from Applicant’s Past
Relate to Relationship with Bosses Explain Essential Job Functions and Use Job
Descriptions
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REFERENCE CHECKS
Why won’t anyone give us information? Use Releases, Authorizations and Waivers Use a Form for Oral References No Discriminatory Questions Minn. Stat. §181.967
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BACKGROUND CHECKS Investigations
Criminal: In-House State: BCA Federal: Fed Courts Convictions vs. Arrests
Education: Consistency among Applicant Groups Work History Driver’s License: BFOQ Credit Report In House: Generally OK Farmed Out: FCRA
Credit Report from a Consumer Reporting Agency (Paid to investigate for 3rd party clients) Limitations Written Disclosure/Authorization/Release Drug Testing
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DRUG TESTING State by State Regulation Collective Bargaining (Applicants vs. Employees) DATWA (MN Drug and Alcohol Testing in the Workplace Act)
General Rules: Must Have A Written Drug and Alcohol Testing Policy, Including At Least The Following:
Employees and Job Applicants Subject to Testing Circumstances Under Which Testing Will Occur The Employee’s/Applicant’s Right to Refuse and Consequences of a Refusal Chain of Custody Policy Discipline That May Be Taken For a Confirmatory Test Verifying a Positive Result on an Initial
Screening Test Employee’s Right to Explain the Result of a Confirmatory Test and Pay for Another Confirmatory Test Any Available Legal Procedures
Must Have Employees Sign Acknowledgment that He/She has Seen the Policy All Effected Employees And Post-Offer Applicants Must Get Notice of Written Policy and Policy
Must Be Conspicuously Posted Must Use An Authorized Testing Laboratory--Employer should never self test
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OFFER LETTERS Pay and Benefits Contingencies
Non-Compete Agreements Background Checks Policy and Procedure Handbook Offensive Behavior Policy I-9’s Drug Testing Results
At Will Statement Job Descriptions
Attach to Offer
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POST-ACCEPTANCE DUTIES Open Files Notice of Personnel Records Rights
20+ Employees Notice of Employee Rights at time of Application
Proof of Eligibility To Work In USA I-9s (Newer Form) Passport; Drivers License + Birth Certificate Shhhhhhhh!!
Non-Competes/Employment Agreements Handbook Accounting – Insurance – Benefit Forms
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POST-ACCEPTANCE DUTIES
Non-Competes/Employment Agreements Additional Consideration if Signed After Work
Begins Non-Compete Non-Solicitation Workplace Protection 1 Year “Rule”? Blue Pencil Laws