FAQs
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Employers should ensure compliance with anti-discrimination laws, define job responsibilities clearly, and establish proper contract terms.
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It depends. Non-compete agreements are allowed in many states but must be reasonable in scope and duration to be enforceable. It is important to comply with your specific state’s law.
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Your handbook serves as a guide for both employers and employees, outlining company policies, expectations, and legal obligations. Importantly, it helps companies comply with labor laws, protects the business by establishing policies, and ensures consistency in how policies are applied across all employees with standardized procedures. Key policies should cover workplace conduct, anti-harassment guidelines, leave policies, work hours and overtime (if applicable), disciplinary procedures, and technology and social media policies.
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Classification of employees versus independent contractors generally depends on factors like control over work, method of payment, and business dependency. Misclassification can lead to legal consequences. Federal guidance on this issue continues to fluctuate, so it is important to consult legal counsel if you are uncertain as to the proper classification.
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Businesses should provide regular training to their employees and management, maintain clear anti-discrimination policies, and respond to complaints swiftly and properly. Failure to do so can result in a difficult defense should issues arise with employees.
EEO laws are constantly changing, so it is important to engage legal counsel to receive regular updates.
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Workplace discrimination can be based on race, gender, age, disability, religion, sexual orientation, pregnancy, and other protected characteristics under federal and state laws.
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Employers should respond as soon as possible by conducting a thorough and impartial investigation (via outside legal counsel is highly recommended), documenting findings, maintaining confidentiality, and taking corrective action, if needed. Employers should also ensure there is no retaliation against the employee. Doing so places you in the best position to defend against any potential future complaints.
Should the grievance or complaint be filed with a federal or state administrative agency, contact legal counsel immediately to help prepare a timely response on behalf of your business.