Recruitment and retention laws

Sample Solution

Brief for Management

Scope of Existing Local, State, and Federal Laws

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

• Federal laws

  • Title VII of the Civil Rights Act of 1964 (prohibits discrimination in employment on the basis of race, color, religion, sex, and national origin)
  • Equal Pay Act of 1963 (prohibits employers from paying men and women different wages for equal work)
  • Age Discrimination in Employment Act of 1967 (prohibits discrimination in employment on the basis of age)
  • Americans with Disabilities Act of 1990 (prohibits discrimination on the basis of disability)

Full Answer Section

• • Immigration and Nationality Act (INA) (regulates the hiring of foreign workers)

• State laws

  • Fair Employment and Housing Act (FEHA) (prohibits discrimination in employment on the basis of race, color, religion, sex, national origin, ancestry, medical condition, marital status, and sexual orientation)
  • Labor Code (regulates wages, hours, and working conditions)
  • Workers' Compensation Act (provides benefits to workers who are injured or become ill on the job)

• Local laws

  • Minimum wage ordinances (set a minimum hourly wage that employers must pay their employees)
  • Paid sick leave ordinances (require employers to provide paid sick leave to their employees)
  • Ban the box ordinances (prohibit employers from asking job applicants about their criminal history on job applications)

Examples of Local Laws

• San Francisco Fair Chance Ordinance prohibits employers from asking job applicants about their criminal history until after a conditional offer of employment has been made.
• Los Angeles Living Wage Ordinance requires employers to pay their employees a minimum wage of $15.00 per hour.

Compensation, Benefits, and Incentives

The company may offer candidates a variety of compensation, benefits, and incentives, including:

• Wages must be paid in accordance with all applicable wage laws, including minimum wage laws and overtime laws.
• Benefits such as health insurance, retirement plans, and paid time off are not required by law, but they can be a valuable way to attract and retain employees.
• Incentives such as signing bonuses, referral bonuses, and performance bonuses can also be used to attract and retain employees.

Information that May and May Not Be Solicited from Candidates

The company may solicit from candidates information that is relevant to the job. This information may include:

• Work experience
• Education and training
• Skills and abilities
• Languages spoken
• References

The company may not solicit from candidates information that is not relevant to the job. This information may include:

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

Legal Requirements Governing Employee Retention Policies

The company must comply with a number of legal requirements governing employee retention policies. These requirements include:

• Equal pay laws require employers to pay men and women equal wages for equal work.
• Anti-discrimination laws prohibit employers from discriminating against employees on the basis of race, color, religion, sex, national origin, age, disability, or veteran status.
• Wage and hour laws require employers to pay employees for all hours worked, including overtime hours.
• Occupational safety and health laws require employers to provide a safe and healthy workplace for their employees.
• Family and medical leave laws entitle eligible employees to take unpaid leave for certain family and medical reasons.

Equity in Determining Promotions and Salary

The company must ensure that its promotion and salary policies are fair and equitable. This means that the company must not discriminate against employees on the basis of any protected characteristic, such as race, color, religion, sex, national origin, age, disability, or veteran status.

The company should use objective criteria to determine promotions and salary. These criteria may include:

• Job performance
• Education and training
• Skills and abilities
• Experience
• Seniority

The company should also have a system in place for reviewing promotion and salary decisions to ensure that they are fair and equitable.

Conclusion

The company must comply with a wide range of local, state, and federal laws governing recruitment and retention. By understanding these laws, the company can avoid legal problems and create a more fair and equitable workplace.