Tips for Employment Law Compliance for Manufacturers

Tips for Employment Law Compliance for Manufacturers Created by Antoinette Thomas

1. Avoid discriminatory language in job postings Looking for energetic individual….” or “seeking new graduates….” are two examples of discriminatory red flags. Even if “energetic” doesn’t directly refer to age, and you may not intend it to imply a desire for younger workers, legally it may not stand up to the Equal Employment Opportunity’s ‘disparate impact’ rule that governs policies that appear to be neutral but exclude protected groups. Keep to the skills you are seeking to attract the type of employee you need.

2. Watch what information you ask for on job applications Unless there is legal bona fide reason for a particular job (which is not common), you cannot ask for an applicant’s date of birth; this is a common mistake found on many boilerplate applications. Similarly, you cannot inquire about marital or family status or religious affiliation.

3. Clearly set forth essential functions and specific requirements in job descriptions Setting forth general terms without detailing exact functions in job descriptions can lead to liability for possible discrimination in many possible protected classes, including disability. Be sure to list only the requirements that are related to the candidate’s ability to perform the essential functions of the job.

4. Create and share a reporting structure and corporate chart This is just as helpful before the hiring process as it is after. A simple chart showing reporting structure can help determine what roles you require, or whether you have too many workers assigned to one position, or perhaps too many managers.

5. Properly classify positions Make sure the position is correctly considered “Non-exempt” or “Exempt.” Non-exempt employees are hourly, earning overtime for all hours over 40 in a given work week. Additionally, hourly employees must be offered a meal break.

6. Draft and implement personnel policies Maintaining policies that are uniformly enforced is another way to ensure that your workforce is treated equitably and in a legally compliant manner. Your policies should also set forth your expectations and requirements with respect to workplace conduct, anti-harassment, , dress and personal presentation.

7. Maintain proper personnel records Personnel records should contain relevant information about the employee, including contact information, job application, resume, offer letter, performance reviews, warnings, commendations, and—upon separation from employment—a termination letter. Personnel records should not contain medical information about the employee – keep that separately in a “medical file” for each employee.

8. Issue regular performance reviews Typically, employers dread completing those assessments of their employees, not to mention presenting the review. No one wants to face an upset or angry employee. However, if upon a review, an employee appears to be blindsided, or is surprised or dismayed by the scores or comments, that is a sign that the employer has not been communicating sufficiently.

Thank You!