Recruitment and retention laws can vary between levels of government.
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.