Management Brief
To: Management Executives From: Human Resources Manager Date: 2023-10-03 Subject: Recruiting and Retention Laws and Practices
Overview
This brief will outline the scope of existing local, state, and federal laws that our construction company must comply with when recruiting and retaining employees. It will also highlight some additional legal requirements specific to the construction industry. Finally, it will discuss some of the compensation, benefits, and incentives that the company may offer candidates, citing applicable local, state, and federal law.
Federal Laws
The Equal Employment Opportunity Act (EEOA) prohibits discrimination in employment on the basis of race, color, religion, sex, national origin, age, disability, or genetic information. The EEOC also enforces the Americans with Disabilities Act (ADA), which prohibits discrimination against people with disabilities in employment, public accommodations, transportation, state and local government services, and telecommunications.
The Occupational Safety and Health Act (OSHA) requires employers to provide their employees with a safe and healthy workplace. This includes having policies and procedures in place to prevent workplace injuries and illnesses. OSHA also requires employers to provide training to employees on workplace safety and health hazards.
The Fair Labor Standards Act (FLSA) sets minimum wage, overtime pay, child labor, and recordkeeping requirements for most employees in the private sector and in federal, state, and local governments.
State Laws
State laws on recruitment and retention can vary widely. However, many states have laws that prohibit discrimination in employment on the basis of additional factors, such as sexual orientation, gender identity, marital status, and veteran status. Some states also have laws that require employers to provide paid sick leave, paid family leave, and other benefits.
Local Laws
Local laws on recruitment and retention can also vary widely. Some cities and counties have laws that require employers to pay higher minimum wages than the federal standard. Other localities have laws that require employers to provide paid sick leave, paid family leave, and other benefits.
Construction-Specific Laws
In addition to the general laws discussed above, there are also some laws that are specific to the construction industry. For example, many states have laws that require construction workers to be licensed or certified. Some states also have laws that require construction employers to provide workers with certain types of safety gear.
Compensation, Benefits, and Incentives
Construction companies may offer a variety of compensation, benefits, and incentives to attract and retain employees. Some common compensation and benefits include:
- Competitive wages
- Paid time off
- Health insurance
- Retirement savings plans
- Safety training and certification programs
Construction companies may also offer additional incentives to attract and retain employees, such as:
- Signing bonuses
- Referral bonuses
- Performance bonuses
- Tuition reimbursement
- Career advancement opportunities
Conclusion
Construction companies must comply with a variety of local, state, and federal laws when recruiting and retaining employees. It is important for employers to be familiar with these laws to ensure that they are in compliance.
Examples of Local Laws
Here are two examples of local laws in the United States that may impose additional legal requirements on recruitment and retention for construction companies:
- San Francisco, California: The San Francisco Fair Chance Ordinance prohibits employers from asking about an applicant’s criminal history on job applications or during initial interviews.
- Philadelphia, Pennsylvania: The Philadelphia Wage Equity Ordinance requires employers to provide equal pay for equal work, regardless of gender.
Conclusion
Construction companies should carefully review all applicable local, state, and federal laws before developing or implementing new recruiting and retention practices. This will help to ensure that the company is in compliance with the law and that it is offering competitive compensation, benefits, and incentives to attract and retain employees.
