28 May Employment Law Do's and Don'ts Employment Law Do's and Don'ts Friday, May 28, 2021 (12:00 AM) to Sunday, April 30, 2023 (11:59 PM) 1 PDCs Provider: Becker Course Name: Employment Law Do's and Don'ts Speaker: Jamie Dokovna Program Type: Reoccurring Seminar/Workshop Registration URL: http://www.BeckerLawyers.com Employment Law Do's and Don'ts, Fort Lauderdale, Florida Email Details Details You're Registered! DescriptionLocation I. Hiring Practices and Applicant Screenings • Follow the Fair Credit Reporting Act. • An applicant’s arrest and conviction record should not automatically bar hiring an individual. • Require a person not involved in the hiring process to investigate applicants on the Internet, but do not consider irrelevant information learned through the Internet. • Ask the applicant questions about their abilities and qualifications, but do not ask about their age, disabilities, marital status, family, etc. • Call references. • Provide specific and accurate job descriptions. • If employees are on a probationary period, do not keep them if they are not meeting your expectations. II. Social Media and Technology • Conduct an annual review of your social media policy to ensure it is compliant with law. • Make sure your technology policies are updated and accurate. • Advise employees that there is no right to privacy, but remind them that the policy is not intended to interfere with their legal rights or their right to communicate with one another about work related issues. • Do not discipline or terminate employees for engaging in concerted activity for their mutual aid or protection. • Be cautious when disciplining employees for posting information on social media sites. o Carefully consider what they are posting and whether it warrants corrective action. o Example: Employee was recently fired from a restaurant for refusing to get the COVID-19 vaccine – caused a lot of bad press and the employer changed its policies in response. o Example: Amy Cooper was fired after taking a video that went viral, but because her conduct was extremely offensive, her employer did not face the same kind of backlash. III. Pay Practices & Compliance with the Fair Labor Standards Act (“FLSA”) • Make sure employees are properly classified (exempt v. non-exempt & employee v. independent contractor). • Do not always assume internships are unpaid. • Always keep accurate records regarding employee pay – do not assume that an employee is accurately recording his or her time. • Make sure that you have an overtime policy that notifies employees that violations may result in termination. • Do not allow employees to work overtime without compensation. • Review your pay equity. IV. Record Keeping & Employment Policies • Be proactive and document everything. • Retain documents. • Do not always assume employees will tell the truth. • Review and update employee handbook if necessary. • Make sure your management is trained in best practices. V. Disciplining Employees • Follow a progressive disciplinary policy. • All employees should be treated uniformly. • Always document violations of policy, even if the discipline is verbal. VI. Termination of Employment • Consider conducting an investigation before terminating an employee. • Keep accurate and contemporaneous records on the reasons for terminating an employee. • Do not assume that an employee will not sue if you pay them severance. Employment Law Do's and Don'ts Employment Law Do's and Don'ts1 E Broward Blvd Ste 1800Fort Lauderdale, FL 33301-1876 Map & Directions