1<br />A Primer for Foreign Companies on U.S. Labor and Employment Law<br />JACKSON LEWIS<br />
About Jackson Lewis LLP<br />2<br />Represents management exclusively in every aspect of employment, benefits, labor and immigration law and related litigation<br />Almost 650 attorneys in 46 offices nationwide<br />National perspective and sensitivity to the nuances of regional business environments<br />In the last five years, the firm has litigated more than 10,000 employment law cases<br />
Strategically Located Throughout the Nation to Serve Employers’ Needs<br />3<br />Offices in 46 locations<br />
U.S. Employment Law Basics<br />4<br /><ul><li> “At-Will” Employment
Employment Agreements</li></li></ul><li>At-Will Employment<br />5<br /><ul><li> Generally, companies can terminate employees at any time for any reason, so long as the termination is not in violation of a statute, a contract, or public policy.
There is no “2 weeks notice” requirement.</li></li></ul><li>A Brief List of U.S. Employment Laws<br />6<br /><ul><li> Fair Labor Standards Act
Unlawful Discrimination<br />8<br />Discrimination occurs when a person or group is treated less favorably than a similarly-situated person or group, because of a protected characteristic. Discrimination includes harassment.<br />
Union Avoidance<br />11<br />Hiring and orientation procedures to lower turnover and produce loyal employees<br />Performance management system to identify and deal with poor performers<br />Apply compensation/benefits systems that are perceived as fair<br />Use effective discipline procedures that show “due process” to eliminate the need for a union grievance process<br />Use employee feedback systems that get employees involved in the business <br />
Non-Compete Agreements<br />12<br /><ul><li> Are they really enforceable?
Non-Solicitation vs. Non-Competition</li></li></ul><li>The Hiring Process<br />13<br />Advertisements<br />Employment Applications:<br />A request for the complete employment history<br />A requirement that the applicant explain gaps in employment or short residency periods<br />Careful questions about whether the employee has been convicted of a crime<br />Careful questions regarding medical issues<br />Applicant acknowledgment statement<br />True and accurate<br />Employment-at-will <br />
Background Checks<br />14<br />Privacy Issues<br />Direct vs. using a Third Party<br />The Fair Credit Reporting Act<br />
Job Descriptions<br />15<br />Job descriptions should be drafted to ensure they reflect only job-related criteria, list essential functions, and distinguish between essential and marginal job functions.<br />Job Descriptions are frequently important in wage and hour cases and disability cases.<br />
I-9 Forms/Immigration Status<br />16<br /><ul><li> Discrimination on the basis of nationality and/or citizenship is prohibited by federal and state law.
Employers should ask only whether an applicant may legally work in the United States.
An employer must complete an INS Form I-9 for each employee.</li></li></ul><li>Employee Handbooks<br />17<br />All Companies Should Have an Employee Handbook<br /><ul><li> The United States Supreme Court