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Welcome to the inaugural issue of "Real
Workplace Issues," a newsletter dedicated to
providing our clients and friends with practical,
every-day employment law and HR
information.
Since the close of the year is a perfect time to
think of
ways to improve the "people management"
aspect of your business, we have decided to begin
our newsletter with the first in a 3-part series
which describes questions you as an employer
should ask yourself in order to maximize your
business and minimize your exposure to legal
liability.
As this newsletter continues to develop, we
welcome your comments/suggestions. Feel free to
contact us at the email address provided below.
Have a happy Thanksgiving!
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Is my employment application both all-inclusive and in compliance with employment discrimination laws? |
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An all-inclusive employment application allows for a
more efficient hiring process. Your employment
application should ask potential employees to
account for any gaps in employment and make it clear
that you will not tolerate the omission of
information on the application. Such information
can become critical in defending you against
potential law suits.
At the same time, you as an employer are
restricted from asking certain questions which have
been deemed to be ?overbroad? or discriminatory in
nature. Employers are prohibited from asking if a
person has ever been ?convicted of a
crime? on an employment application, but not if
he/she has ever been ?convicted of a
felony which has not been expunged or sealed by a
court.? Likewise, while questions concerning a
potential applicant?s age, race, religion and
national origin are generally prohibited, an
employer is still permitted to ask an applicant if
he/she is under the age of 18.
The more information you have at your disposal
as an employer, the better equipped you will be to
make the right hiring decision for you and your
business. It is, however, critical that employers
give careful consideration to the information asked
on employment applications in order to comply
with both state/local law and the Equal Employment
Opportunity Commission.

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Is my employee handbook comprehensive and up-to-date? |
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As an employer, you want to shield yourself and your
business from legal liability. One of the best ways
to do this is to provide your employees with the
most comprehensive and up-to-date handbook possible.
Your handbook should include sections detailing both
company policies (i.e., business hours, time off,
employment classifications, disability leave) and
applicable federal employment laws (i.e., Equal
Employment Opportunity, Workers? Compensation,
Americans with Disabilities Act).
Likewise, it is helpful for your company to
include a written policy for employees who wish to
report claims of workplace discrimination and/or
harassment. Such a reporting structure usually allows
for an employee to report a complaint with someone
other than that employee?s immediate
manager/supervisor. By providing a problem-solving
process, you can internalize employee
concerns and address them efficiently and fairly.
It is also a good idea to continually update your
handbook every two years to reflect changes in your
company?s policies and/or federal law. Obtaining a
signed acknowledgment allows an employer to make
sure all employees become aware of such changes.

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Have I properly completed my I-9 forms? |
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Under the Immigration Reform and Control Act of 1986
(IRCA), employers must verify that all employees are
eligible to work in the United States by having them
complete an Employment Eligibility Verification
form, also known as an ?I-9? form.
As an employer, you must ensure that your
employees fully complete, sign and date Section 1 of
their I-9 forms. Every employee must present
original documents to establish his/her identity and
employment eligibility within three (3) business
days of the date of employment. You must then
examine those documents to make sure they are not
false, and complete Section 2 of the I-9 form.
The I-9 form must then be kept for three (3) years
after the date of employment begins or one year
after the person?s employment is terminated,
whichever is later.
As an employer, you also have a duty to refrain
from knowingly accepting/using false employment
eligibility documentation. Failure to take these
important steps may result in the assessment of
civil and/or criminal penalties.

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Have I displayed the proper postings in my place of business as required by state and federal law? |
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Most states require you to post signs detailing
Minimum Wage, Notice of Workers? Compensation
Carrier and Coverage, Disability Insurance, etc.
Likewise, employers are required to post
signs describing various federal laws, including
Family and Medical Leave Act,
Equal Employment Opportunity, the Fair Labor
Standards Act (Wage and Hour Laws), the Employee
Polygraph Protection Act, the Occupational Safety and
Health Act, and the Uniformed Services Employment
and Reemployment Rights Act (Military Leave).
These signs must be prominently posted in a
place where they are likely to be seen by all
employees. Furthermore, since the beginning of
2006, many states, including New York, New Jersey,
Connecticut and California, have undergone changes
regarding their state labor law postings. As an
employer, you should be aware of these changes and
update your posters accordingly.
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Next Issue... |
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Our next newsletter will explore issues surrounding
background investigations of new employees, employee
references and anti-harassment training.
This article is provided for informational
purposes only and is not intended to be legal advice
nor does it create an attorney-client relationship
between Halpern Employment Law Advisors and any
reader.
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Our Locations... |
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190 Willis Avenue :: 2nd Floor :: Mineola, New
York 11501
(Tel) 516.741.3232 :: (Fax) 516.741.4909
90 Park Avenue :: 16th Floor :: New York, NY
10016
(Tel) 212.786.7380 :: (Fax) 212.658.9313
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| Our Website... |
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