JVC Employment Law Compliance FAQs
I’m the owner of a jewelry store. If my employees have questions, they can ask me. Why do I need an employee handbook that states our policies?
An employee handbook is an important communication tool. It helps to ensure that your company’s policies are uniformly understood by those who work for you. The handbook also helps establish evenhanded enforcement of policies, preventing claims of discriminatory treatment. Last, a well-thought-out and comprehensive handbook will help defend an employment action should a disgruntled employee file a complaint.
I’m about to hire a new salesperson. Do I need a job description for the position?
Yes. A job description will help you stay focused on the job requirements, allowing you to review applicants with established criteria in mind. The description will also help the new employee understand and fulfill the requirements of the job. This is important since they will be measured against these requirements in performance evaluations.
I know that to avoid a discrimination complaint by a job applicant I should be careful about the questions I ask during the interview. What subjects should I avoid?
First, all those involved in the hiring process should be trained in the equal opportunity employment laws, state and federal, that prohibit discrimination in all aspects of employment, including hiring. As a general rule, be certain that your questions focus on the applicant’s ability to do the job and their competence for the position. Exercise care regarding subjects that might be perceived as having a discriminatory intent, including appearance, personal life, ethnicity, disability, age, gender, or criminal history.
We buy and sell precious metals and stones. Because we’re concerned about security in the workplace we recently installed a video surveillance system. Does this raise any issues?
Yes. The need for workplace security must be balanced against an employee’s privacy interests. The best way to address this is to communicate to employees that a video surveillance system is in place, and where. This information should be contained in the employee handbook and should also be prominently posted. Additionally, employees should sign consent forms indicating that they are aware of the surveillance and have consented to it. Last, respect privacy rights by not monitoring in very private places, such as restrooms.
We are just about to offer a job to a designer. Our plan is to produce a new line of jewelry based on their designs. How can we make sure that our company owns the rights to anything that they design during their employment with us?
You are right to address this now, at the time of hire. The best way to protect your company’s rights to the designer’s creations while they work for you is to have them sign an intellectual property assignment agreement. This type of agreement makes clear that whatever they create during their employment is a “work for hire,” meaning that the company, and not the designer, owns the copyright to the work. It also makes clear that the employee has assigned the copyright concerning the work to the company.
One of our salespeople is not working out and we need to let them go. We don’t have an evaluation process and never told them that we had any problems with their performance. And, by the way, they just informed us that they have an age-related vision problem, has trouble reading their computer monitor, and will need an accommodation. Any issues?
Yes. A fair and consistent system for evaluating performance and imposing progressive discipline is the first step to preventing and defending employment-related litigation. Because you have no evaluation process, you have nothing in writing to support a termination decision. This employee might bring an employment action against you, arguing that their termination was based not on performance, but on their age, vision problem, and request for an accommodation. Defending this action will be very difficult without a written evaluation record.
NO PART OF THE INFORMATION IS INTENDED AS LEGAL ADVICE.
Federal, State & local laws
There are multiple complex federal laws that govern the workforce in the United States. As an employer, you should become familiar with these important federal and state laws. Relevant federal laws include:
- Title VII of the civil rights act
- Americans with disabilities act
- Age discrimination in employment act
- Genetic information nondiscrimination act
- Equal pay act
- National labor relations act
- Family and medical leave act
- Fair labor standards act: minimum wage and overtime pay
- and many, many more
Source: Jewelers Vigilance Committee