An employer should carefully research the laws pertaining to his or her industry and location prior to beginning the hiring process.  We have drawn up a basic outline to help get you started.

Federal Employment Laws

There are more federal employment laws than we can possibly list in one article.  We have outlined many of the most crucial ones, however should you have a question about a particular policy or practice we recommend conducting your own research and consulting an attorney or human relations specialist.

Anti-discrimination laws

Federal law dictates that employers must not discriminate on the basis of

• race
• gender
• age (over 40)
• disability
• religion
• national origin
• pregnancy
• National Guard or Reserve obligation

Employees are protected from discrimination at any point before, during, or after the employee/employer relationship including:

• Recruitment – including hiring, advertising jobs, conducting background checks, and asking interview questions
• Training
• Assigning salaries
• Maintaining a harassment-free workplace
• Assigning benefits
• Firing/lay offs
• Administering retirement programs

Additionally, employees may not be subject to retaliatory actions in response to a complaint of any above discrimination, sexual or other harrassment, or termination for required military service.  In some cases, employers may be obligated to take certain actions for special groups, such as providing reasonable accommodation to disabled workers or allowing leave for members of the National Guard and Reserves.

Safety Laws

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) regulates health and safety practices in the workforce.  OSHA also provides training, enforcement, and “whistle blower” protections for employees who file safety complaints.

Privacy Protections

Lie Detector Tests – With some exceptions, employers are generally prohibited from requiring lie detector tests, either prior to or during employment.

Electronic Privacy Rights – Employees have some very minor protections against interception of electronic communication by employers.

Social Security and Tax Obligations

Most employers must withhold Social Security and Medicare taxes, or FICA, from their employees’ wages.  Additionally, most employers must pay Federal Unemployment Tax (FUTA) from their own funds.

Wage and Hour Laws

Most employers are subject to federal laws dictating minimum wage and overtime requirements.

State Employment Laws

Anti-discrimination laws may differ by state, however nowhere will they provide less protection than federal laws.  In addition to the discrimination categories listed above, employees may be protected on the basis of:

• Sexual orientation
• Specific medical conditions
• Parental status
• Marital status
• Political affiliation

For more information, consult your local EEOC office, human rights commission, or an attorney in your state.

Individual states generally also have their own privacy laws, tax obligations, state disability insurance, and worker’s compensation insurance requirements, as well as state-specific minimum wage, overtime, and hours requirements.

Municipal Employment Laws

Individual cities, towns, and counties may have additional employment laws which employers doing business in their municipalities must honor.  For example, the City of San Francisco provides protection to workers on the basis of gender identity, requires paid sick leave, sets a minimum per-employee health insurance spending requirement, and specifies a particular minimum wage.  To stay abreast of municipal regulations, check with local officials prior to beginning the hiring process.

More Information:  Resources

Workplace Law Posters

Confused?  Don’t feel overwhelmed.  Start by acquiring your state and federal employment law posters, to post in a break room or other spot highly-visible to your employees.  Posters include information you are required to pass on to your employees, and also provide a simple way for new employers to understand workplace laws.

Free Employment Law Posters

Available to download and print, from the US Department of Labor

Comprehensive Employment Law Posters

State and federal laws on one simple laminated poster, available for purchase from laborlawcenter.com

Remember to inquire locally about specific municipal requirements.

Government Agencies

US Department of Labor FirstStep Employment Law Advisor

Provides a basic overview of employer laws and obligations

US Department of Labor Employers Page

Includes summary of major workplace laws, such as wage and hour requirements

US Equal Employment Opportunity Commision

Need more information about anti-discrimination laws?  Start here.

Occupational Safety and Health Administration (OSHA) “E-tools”

User-friendly explanations of complex workplace safety problems

Internal Revenue Service (IRS) Employment Taxes FAQ

For small businesses

Other Helpful Websites

Human Resource Blog

Ask the staff of the Labor Law Center a question, or browse thousands of helpful entries.

FindLaw Employment Law and Human Resources

For small businesses

Lake Mary, January 11, 2008 – The EMAC Group, a recruiting and placement firm in the Orlando area since 2001, has launched its new website, www.emacjobs.com.

“The EMAC Group got its start in the financial services industry with clients such as GMAC and Wells Fargo,” says Jim McGrath, President. “We have a great staff on board now, with expertise in specific industries who we will utilize and assist clients in those areas. It’s an opportunity for The EMAC Group to grow and branch into other natural extensions of recruiting in those vertical markets.”

The newly launched website at www.emacjobs.com has a “microsite” or portal for each industry so that both clients and jobseekers can more easily and efficiently find a job or candidate related to their needs. The industries are legal, real estate, technical and healthcare, along with The EMAC Group’s flagship financial services.

For companies that are looking to fill high-demand open positions, the website provides the ability to review candidate’s Professional Snapshot profiles and upload jobs to the www.emacjobs.com database at no charge. There is also an “Ideal Candidate” Alert, which will email the candidate that most closely matches your description at your request. Other services available include a Premier Client Showcase Page, banner ads and email sponsorship.

“My clients are tired of drudging through monster.com or careerbuilder.com for their Ideal Candidates,” remarks McGrath. “They are too big, unwieldy and time-consuming…it’s like looking for a needle in a haystack. Client are extremely busy people who need to target their search and that’s what www.emacjobs.com is all about.”

McGrath says that all of the candidates on his website have been pre-screened for industry knowledge and qualifications so a client can be assured they are receiving a professional candidate.

Conversely, jobseekers can find the Ideal Job and more targeted positions as well, without getting mired in a list of jobs they have not requested in their search criteria, McGrath says. Posting a resume is free, as is passive searching, but if jobseekers are looking for a faster response, The EMAC Group will actively market your resume to clients for a small monthly fee.

The EMAC Group also provides traditional services such as executive search on a contingency or retainer basis, as well as consulting, candidate generation and evaluation and career/transition counseling.

—–

Contact

Jim McGrath, President

142 W. Lakeview Ave., Ste. 2000

Lake Mary, FL 32746

Phone 407-302-3622

Email: info@theemacgroup.com

The Energy Employees Occupational Illness Compensation Program, the Federal Employees’ Compensation Program, the Longshore and Harbor Workers’ Compensation Program, and the Black Lung Benefits Program serve the specific employee groups who are covered under the relevant statutes and regulations by mitigating the financial burden resulting from workplace injury. Individuals injured on the job while employed by private companies or state and local government agencies should contact their state workers’ compensation board.

Employer Resources

• Recruitingblogs.com. A social networking site for job recruiters. Includes thousands of blog posts from recruiters around the world.





• HR Bloggers. A web ring of HR bloggers, with some interesting posts, like this rather scary one about worst HR experiences. Apparently, this industry is not for the faint of heart!





• HRMToday.com – Lance Haun’s own site for the HR industry, includes the ability to post your own blogs and add feeds to your HR blog.

Nonprofit organizations are expected to face unique challenges as the huge Baby Boomer generation transitions into retirement mode. Never before has the US needed to face, on such a large scale, the demands and challenges of an aging workforce. A new report by Jill Casner-Lotto discusses the impact of Baby Boomer aging on the nonprofit sector, which needs to be prepared to handle these issues, even as they are already impacting the public and private sectors. The report focuses on the impact of large-scale retirements on the stability, growth and potential of nonprofit organizations, and describes how these organizations can tap into other sectors’ talent pools to recruit experienced leaders, staff and volunteers. The fact that many Boomers want to work past retirement age poses challenges for many nonprofit’s who have traditionally relied on retired seniors as a source of personnel, both paid and unpaid. The report, available from The Conference Board, includes the following topics: Critical Challenges and Opportunities Lie Ahead; Not All Boomers Want to Retire: Many Expect to Work — Just Not in Their Current Job or Career; Recruitment and Retention Challenges; Strategic Ideas and Actions for Nonprofit’s; and Literature Review: Managing an Aging Workforce in Nonprofit Organizations.

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