Recruitment and retention laws can vary between levels of government.

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Recruitment and retention laws can vary between levels of government. For example, some localities require higher minimum wages than the federal standard because of local livable wage ordinances (local laws). In week two, you learned about a number of legal issues that impact recruitment and retention. In this assignment, you’ll identify, research, and discuss general federal and local laws affecting recruitment and retention.

Scenario
Imagine yourself as the human resources manager for a local and well-established construction company. Management executives have asked you to redesign the company’s recruiting and retention practices. Your focus will be on updating or creating new policies compliant with local, state, and federal laws governing recruiting and retention.

Your first task is to write a brief for management that describes the scope of existing local, state, and federal laws the company must comply with, including any legal requirements specific to the construction field.

Instructions
Using the Management Brief Template Download Management Brief Templating which you:

Analyze local, state, and federal recruiting and retention laws and practices the company must comply with.
Include at least two researched examples of local laws in your area that may impose additional legal requirements on recruitment and retention. These laws are in addition to state and federal legislation.
Explain what compensation, benefits, and incentives the company may offer candidates, citing applicable local, state, and federal law.
Explain what information the company may and may not solicit from candidates during the recruitment process, citing applicable local, state, and federal law.
Explain the legal requirements governing employee retention policies, citing applicable local, state, and federal law.

 

Sample Solution

Management Brief

To: Management Executives From: Human Resources Manager Date: 2023-10-20 Subject: Legal Requirements for Recruiting and Retention Practices

Scope of Existing Local, State, and Federal Laws

The company must comply with a wide range of local, state, and federal laws governing recruiting and retention. These laws include:

  • Federal Laws

    • Equal Pay Act (EPA)
    • Title VII of the Civil Rights Act of 1964 (Title VII)
    • Americans with Disabilities Act (ADA)
    • Age Discrimination in Employment Act (ADEA)
    • Fair Labor Standards Act (FLSA)
    • Occupational Safety and Health Act (OSHA)
    • Immigration Reform and Control Act (IRCA)

  • State Laws

    • State anti-discrimination laws
    • State wage and hour laws
    • State occupational safety and health laws
    • State workers’ compensation laws

  • Local Laws

    • Local anti-discrimination ordinances
    • Local minimum wage ordinances
    • Local ordinances governing background checks
    • Local ordinances governing drug testing

Examples of Local Laws

  • [City Name] Minimum Wage Ordinance: The [City Name] Minimum Wage Ordinance requires employers to pay all employees a minimum wage of $[minimum wage]. This is higher than the federal minimum wage of $[federal minimum wage].
  • [County Name] Ban the Box Ordinance: The [County Name] Ban the Box Ordinance prohibits employers from asking job applicants about their criminal history on job applications. Employers can only ask about criminal history after a conditional offer of employment has been made.

Compensation, Benefits, and Incentives

The company may offer candidates a variety of compensation, benefits, and incentives, subject to applicable local, state, and federal law. Some examples of compensation, benefits, and incentives include:

  • Wages and salaries
  • Bonuses and commissions
  • Benefits such as health insurance, retirement plans, and paid time off
  • Incentives such as signing bonuses, relocation assistance, and stock options

Information Solicitation

The company may solicit certain information from candidates during the recruitment process, subject to applicable local, state, and federal law. Some examples of information that the company may solicit include:

  • Name, address, and contact information
  • Work history and education
  • Skills and abilities
  • References

The company may not solicit certain information from candidates during the recruitment process, such as:

  • Age
  • Race
  • Color
  • Religion
  • Sex
  • National origin
  • Disability
  • Marital status
  • Genetic information

Employee Retention Policies

The company must comply with a variety of legal requirements governing employee retention policies. Some examples of legal requirements governing employee retention policies include:

  • Anti-discrimination laws: The company must not discriminate against employees in its retention practices.
  • Wage and hour laws: The company must comply with all applicable wage and hour laws, such as the FLSA.
  • Occupational safety and health laws: The company must provide a safe and healthy workplace for employees.
  • Workers’ compensation laws: The company must provide workers’ compensation insurance for employees who are injured or become ill on the job.

Conclusion

The company must comply with a wide range of local, state, and federal laws governing recruiting and retention. The company’s recruiting and retention practices must be designed to comply with all applicable laws.

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