Overview
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 Templatein 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.
For example, equity in determining promotions and salary.
Use sources to support your writing.
Management Brief: Compliance with Local, State, and Federal Laws on Recruitment and Retention
Introduction
As the Human Resources Manager of our well-established construction company, it is crucial to ensure that our recruiting and retention practices align with local, state, and federal laws. This brief aims to provide an overview of the scope of existing laws and legal requirements specific to the construction field that we must comply with. Additionally, it will outline the compensation, benefits, information solicitation, and employee retention policies in accordance with applicable laws.
Analysis of Recruiting and Retention Laws
Local Laws
Local laws can impose additional legal requirements on recruitment and retention beyond state and federal legislation. In our area, two examples of such local laws are:
Local Living Wage Ordinance: Our locality has enacted a living wage ordinance that requires employers to pay a minimum wage higher than the federal standard. It is essential to ensure that our compensation practices comply with this local law to avoid potential legal issues.
Ban the Box: Our locality has also implemented a “Ban the Box” law, which prohibits employers from inquiring about an applicant’s criminal history on the initial job application. We must ensure that our recruitment process adheres to this law by not including any questions related to criminal records in our initial application materials.
State and Federal Laws
In addition to local laws, we must also comply with state and federal laws on recruiting and retention. Some key areas to consider include:
Compensation and Benefits: The company must adhere to minimum wage requirements as set by the federal Fair Labor Standards Act (FLSA) and any higher state or local minimum wage laws. It is crucial to ensure that our employees receive at least the minimum wage mandated by these laws. Furthermore, we must comply with applicable laws regarding overtime pay, record-keeping, and employee classification (exempt vs. non-exempt).
Equal Employment Opportunity (EEO): Our company must comply with federal and state laws that prohibit discrimination in employment based on protected characteristics such as race, color, religion, sex, national origin, age, disability, or genetic information. We must ensure that our recruitment practices, including job advertisements, interview processes, and selection criteria, do not discriminate against individuals based on these protected characteristics.
Information Solicitation: During the recruitment process, there are limitations on the information that we can solicit from candidates. We must comply with federal and state laws such as the Americans with Disabilities Act (ADA) and state-specific privacy laws that protect certain categories of information, including disability status or medical history. We should only request information that is directly related to the job requirements and avoid any inquiries that could be considered discriminatory or invasive.
Employee Retention Policies: In terms of employee retention, it is crucial to ensure fairness and equity in determining promotions and salary. Federal laws such as the Equal Pay Act require that employees receive equal pay for equal work regardless of gender. Additionally, some states have enacted pay equity laws that go beyond federal requirements. It is essential to review our promotion and salary practices to ensure compliance with these laws.
Conclusion
To redesign our company’s recruiting and retention practices successfully, it is imperative to understand and comply with local, state, and federal laws governing recruitment and retention. By analyzing local laws specific to our area, understanding compensation and benefits requirements, adhering to information solicitation limitations, and ensuring compliance with employee retention policies, we can develop policies that are legally compliant while attracting and retaining a diverse and talented workforce.
References
U.S. Department of Labor: Wage and Hour Division (https://www.dol.gov/agencies/whd)
Equal Employment Opportunity Commission (https://www.eeoc.gov/)
Local ordinances and statutes specific to our locality