Practical Guidance Employment Law

7/31/2019 Practical Guidance Employment Law

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HR. Payroll. Benefits.

Practical Guidance onEmployment Law Compliance:

What Do You Really Need To Know?

ADP TOTALSOURCE


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Contents

About This Guide 1

Pre-Employment Process 2

Employment Best Practices 5

Immigration Reform and Control Act 10

Employment At-Will and the Equal Employment Opportunity Laws 12

Drug Testing 14

Wage and Hour Laws 15

Workplace Safety 17

Disability Leave Management 20

Conclusion 22

About ADP TotalSource 23

About Jackson Lewis 23


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Overwhelming. Stressful. Dont know

where to start. Too much to ever know.

These are some of the ways that

employers have described employment

laws, which are a patchwork of federal,

state and local laws and ordinances

across the country. These laws have

grown exponentially since the 1960s

and they show no sign of slowingdown. Unfortunately, these laws can

be a minefield for employers that are

not paying attention to them. Where

should you start if you are a small-to-

medium-sized business? What are

best practices from an operational

perspective? This special report willdiscuss key best practice areas that your

organization should know about.

About This Guide

Practical Guidance on Employment Law Compliance: What Do You Really Need To Know? 1


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2 Practical Guidance on Employment Law Compliance: What Do You Really Need To Know?

Hiring an employee is one of the most importantdecisions that an employer will make. A bad hire

can hurt an employers business, in terms of losttime, revenue, and employee morale. As a result,employers must carefully investigate applicants.

Employment Applications

There is no state or federal law that requires anemployer to use an application. Nonetheless,applications are a critical tool in the hiringprocess. To make wise hiring decisions,employers must collect information about anapplicants educational history and work history,

which are directly relevant to the hiring process.Moreover, an application can include languagethat requires the applicant to affirm under oaththat the information provided in the application istrue and correct.

However, employers must also make sure theirapplications are compliant with state law. InMaryland, for example, each application foremployment must include, in bold-faced uppercase type, notice that an employer may not

require or demand that an applicant take a liedetector test.

In Illinois, applications must contain specificlanguage which states that the applicant is notobligated to disclose sealed or expunged recordsof conviction or arrest. Additionally, applicationscannot ask if an applicant has had criminal recordssealed or expunged. Other states have similarrequirements for criminal history.

For these reasons, employers must be careful toensure their applications comply with the laws ofthe states in which they operate.

Credit and Background Checks

As part of the hiring process, employers oftenrun criminal background checks on applicantsto ensure they are honest and law-abiding.

Pre-Employment Process

Recently, however, federal and state governmentagencies have focused more attention on the

use of criminal background checks and criminalrecords in the hiring process. Making a misstepin reviewing or acting on an applicants criminalrecord could expose an employer to claimsfrom applicants or investigations by governmentagencies. Before moving forward with any plansto conduct criminal or credit background checkson applicants (or current employees), employersmust be aware of several issues.

Employers that work with third-party background

check companies need to comply with thefederal Fair Credit Reporting Act (FCRA) and,if applicable, any state-law counterpart. Eventhough the main focus of FCRA is preventing theabuse of credit reports, the law applies to criminalbackground checks conducted by backgroundcheck companies as well. In order to comply withthe FCRA, employers must ensure that applicantsand employees provide proper authorizationand consent for the background check companyto run the criminal background checks. In

addition, under the FCRA, prior to taking anyadverse action against an applicant or employeebecause of a report obtained by a backgroundcheck company, employers must provide writtennotice to an applicant and give the applicant areasonable amount of time (usually five businessdays) to provide information to dispute theaccuracy of the record.

Hiring an employee is one of themost important decisions that anemployer will make. A bad hirecan hurt an employers business,in terms of lost time, revenue,and employee morale.


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Failure to comply with the FCRA exposesemployers to civil penalties and potential lawsuits.In working with background check companies,employers must ensure that the backgroundcheck companies comply with the FCRA (and any

state counterpart). Under some circumstances,employers can be liable for the actions ofbackground check companies. Violations of theFCRA may result in civil and criminal penalties.Civil penalties are nominal damages (up to onethousand dollars if no actual damages exist),actual damages (including emotional distress), andpunitive damages, plus attorneys fees and costs.Civil penalties may be awarded where there iswillful noncompliance with the Act. Civil penaltiesfor negligent noncompliance are limited to actual

damages and attorneys fees and costs. Criminalpenalties may apply where an individual knowinglyand willfully obtains information from a consumerreporting agency under false pretenses.

Certain employers, because of the nature of theirbusiness, create policies which prohibit individualswith criminal records from holding a positionat the company. Recently, however, the federalEqual Employment Opportunity Commission(EEOC) published Enforcement Guidance on theConsideration of Arrest and Conviction Recordsin Employment, which examines this type ofemployer policy. The EEOC is concerned withthese policies because, statistically, certain groupsof minorities (African-Americans and Hispanics,for example) have a much higher percentage ofmembers with criminal records than the generalpopulation. The EEOC, therefore, has taken theposition that an employers policy that prohibitsindividuals with criminal records from employmentcan have an unlawful disparate impact on these

minority groups and is, therefore, unlawful.To comply with the law, the EEOC requires thatan employer review all of the evidence andconduct an individualized assessment of theapplicants record before making an employmentdecision. In conducting these individualizedassessments, the EEOC requires employers tolook at, among other factors, (1) the facts and

circumstances surrounding the conviction, (2) theage of the conviction, (3) the individuals effortsat rehabilitation himself after the conviction,and (4) evidence of an individuals work for otheremployers after the conviction. In addition, the

EEOC has taken the position that an employercannot consider an applicants arrest recordin making an employment decision. To avoida challenge to hiring practices, employersshould eliminate all written policies which havea blanket prohibition on hiring individuals withcriminal records (including arrests) and, instead,replace any such policies with an amended policythat states that the company will conduct anindividualized assessment of employees withcriminal records.

In addition to the federal guidance on criminalbackground checks, many states have their ownlaws regarding criminal background checks. NewYork state law, for example, requires employersto conduct an individualized assessment of anapplicants criminal record before making anemployment decision. Massachusetts prohibitsan employer from questioning an applicant aboutcertain criminal background information, such asarrests and minor misdemeanors. In addition,

under Massachusetts law, employers cannot askquestions about an applicants criminal backgroundon an initial written employment application.

Massachusetts also recently amended itsCriminal Offender Record Information (CORI) lawto open up its database to all employers. Now, inMassachusetts, an employer can directly checkthe Massachusetts criminal record of applicants.

To comply with the law, the EEOCrequires that an employer reviewall of the evidence and conduct anindividualized assessment of theapplicants record before making anemployment decision.


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In order to access the new Massachusettsdatabase, however, Massachusetts employersneed to follow a number of procedures, suchas obtaining authorization from applicants andproviding the applicants with the criminal record

information if you intend to deny employmentbased on the record.

Connecticut law prohibits an employer fromasking about an applicants criminal convictionhistory until the applicant has been deemedotherwise qualified for the position, whichmeans, in practice, that employers in Connecticutshould not ask criminal background questions onan employment application.

Pre-Employment Medical Questions

Employers are sometimes hesitant to hire anindividual who has an increased likelihoodof being injured on the job due to preexistingmedical conditions. However, the Americans withDisabilities Act (ADA) limits an employers abilityto make disability-related inquiries or requiremedical examinations at three stages: pre-offer,post-offer, and during employment. The EEOChas explained that the rules concerning disability-related inquiries and medical examinations aredifferent at each stage.

At the first stage (prior to an offer of employment),an employer may not ask any disability-relatedquestions or require any medical examinations,even if they are related to the job. At the secondstage (after an applicant is given a conditional

job offer, but before he or she starts work), anemployer may ask disability-related questionsand conduct medical examinations, regardlessof whether they are related to the job, as long asit does so for all entering employees in the same

job category. At the third stage (after employmentbegins), an employer may make disability-relatedinquiries and require medical examinations onlyif they are job-related and consistent withbusiness necessity.

Massachusetts prohibits anemployer from questioning anapplicant about certain criminalbackground information, such asarrests and minor misdemeanors.


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Successful employers have discovered thatthere are some key best practices that should be

implemented for positive employee relations andlegal compliance.

Offer Letters

Employers often use offer letters to confirmthe details of an offer of employment, such asposition, duties, pay and benefits. While offerletters are a good business practice, there is nostate or federal law that requires an employer touse offer letters. However, some states do havecertain notice requirements for new employees.

For example, California requires most employersof nonexempt (hourly) employees to provide eachnew hire with a notice containing: the rate orrates of pay and basis thereof, whether paid by thehour, shift, day, week, salary, piece, commission,or otherwise, including any rates for overtime,as applicable; allowances, if any, claimed as partof the minimum wage, including meal or lodgingallowances; the regular payday designated by theemployer in accordance with the requirements of

this code; the name of the employer, including anydoing business as names used by the employer;the physical address of the employers main officeor principal place of business, and a mailingaddress, if different; the telephone number of theemployer; and the name, address, and telephonenumber of the employers workers compensationinsurance carrier.

In Connecticut, employers must advise allemployees in writing at the time of hire of

the employees rate of pay/salary; hours ofemployment; and wage payment schedules. InNew Jersey, employers must notify employeeswhen they are hired of the rate of pay and theregularly scheduled paydays. Employees in NewJersey must also be notified in advance of anychanges in the pay rates or paydays.

Employment Best Practices

Similarly, New York employers are requiredto notify all employees at the time of hire and

annually, before February 1st of each year, inwriting of their hourly rate; overtime rate (ifapplicable); regular payday; whether employeeis paid by the hour, shift, day, week, salary, piece,commission or other basis; allowances, if any,claimed as part of the minimum wage (e.g. tips,meal or lodging allowances); employers nameand any doing business as names used by theemployer; and employers physical and mailingaddresses and telephone number.

For these reasons, it is important for employersto ensure they are complying with all noticerequirements of the states in which they operate.

Employee Handbooks

A properly drafted employee handbook is aneffective means for employers to convey theirrules, objectives, and corporate culture toemployees. A well-drafted handbook also canreduce the risk of adverse employment litigationagainst the employer. Overly broad or ambiguouspolicies, on the other hand, can create majorpitfalls for employers. Some of the significantemployment policies that should be included in an

employee handbook are discussed below.

Equal Employment Opportunity and Anti-Harassment PoliciesEvery handbook should include the employersEqual Employment Opportunity (EEO) andanti-harassment policies. At a minimum,

Employers often use offer lettersto conrm the details of an offerof employment, such as position,duties, pay and benets.


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these policies should prohibit discriminationand harassment with respect to employees whobelong to any of the protected categories underfederal anti-discrimination law (race, color,religion, sex, national origin, age, disability).

Employers must also consider relevant stateanti-discrimination laws, which may be moreinclusive than federal law. The Illinois HumanRights Act, for example, makes it illegal foremployers to discriminate against individualson account of their sexual orientation, eventhough sexual orientation is not protected underfederal law. It is also illegal in Illinois to makeemployment decisions based on an individualsmilitary status, arrest record, or because theemployee or job applicant is protected under

an order of protection. Local ordinances, too,may offer protection that extends beyond federalanti-discrimination law. Businesses operatingin Chicago, for example, must comply with theCook County Human Rights Act and the ChicagoHuman Rights Ordinances, both of which containadditional protected classifications.

An employers anti-harassment policy shouldbe more expansive than just prohibiting sexualharassment; it should prohibit harassment basedon every protected characteristic under federaland state law. In other words, an employers

anti-harassment policy should be consistent withand refer to the same protected categories as theEEO policy.

The anti-harassment and EEO policies alsoshould contain clear reporting procedures,including several options for employees toreport complaints of alleged harassment and/

or discrimination. The policy should emphasizethat the employer will not retaliate against anyemployee who reports misconduct or takes partin an investigation. However, employees shouldbe advised in the policy that the employer cannot

guarantee complete confidentiality duringthe investigation.

Many handbooks also contain a separate InternalComplaint Procedure that provides employeeswith an outlet to voice their complaints regardingworking conditions more generally. The InternalComplaint Procedure should be consistent withthe employers anti-harassment and EEO reportingprocedures so that employees are not confused bydifferent reporting mechanisms, which may deter

them from addressing an issue.

National Labor Relations Act (NLRA) andProtected Concerted Activity

The National Labor Relations Act (NLRA) appliesto both nonunion and unionized workforces.Section 7 of the NLRA protects the rights ofemployees to discuss the terms and conditions oftheir employment with co-workers and outsiders;this is referred to as protected concerted activity.Employers cannot promulgate rules that will have

a coercive or chilling effect on such activities. Inrecent decisions, the National Labor RelationsBoard (NLRB) has found Section 7 violationswith respect to a number of policies often foundin a handbook, including work rules policies,anti-harassment policies, discipline policies,social media policies, confidentiality policies, andsolicitation and distribution policies. For example,the Board has ruled that certain social mediapolicies prohibiting employees from disparagingthe employer on social media sites violate the

NLRA. Employers should carefully review theirhandbooks in light of recent NLRB decisionsprotecting concerted activity rights.

Vacation Policies

Employers also may run afoul of the law whendrafting vacation policies. In some states, forexample, vacation time and Paid Time Off (PTO)

A properly drafted employee

handbook is an effective meansfor employers to convey theirrules, objectives, and corporateculture to employees.


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are considered wages that must be paid when anemployee is terminated, even if the employee hasnot worked for the employer long enough to beentitled to take the vacation/PTO. Thus, employerpolicies that do not pay out remaining vacation

and PTO when an employees employment isterminated could violate some state laws. Useit or lose it vacation policies, on the other hand where employees who fail to use all of theirvacation time or PTO at the end of the year willlose it are lawful in many states if the employercan prove the employee was on notice of the policyand the employee had a reasonable chance to usethe vacation time before losing it.

Leave Policies

Another potential minefield for employers is anincorrectly drafted leave policy. Many employershave policies that address leaves of absencepursuant to the Family and Medical Leave Act(FMLA), a personal leave of absence policy, and/or a disability leave of absence policy. Somepolicies provide for automatic termination if theemployee does not return to work when the leaveperiod expires, regardless of any accommodationsthe employee may need, including additionalleave, alternate work schedule, or other work

restrictions. Any policy that imposes a cappedtime limit on the amount of leave available to itsemployees may violate the ADA. Leave policiesshould be flexible and employers should evaluateeach request for leave on an individual basis.

Unauthorized Overtime Policies

Employee handbooks commonly contain extensivepolicies regarding payroll practices, which aretypically ripe with inaccuracies that may result insignificant liability to the employer. For example,

a policy stating that employees will not be paidfor working unauthorized overtime is illegal.Employees must be paid for all of the hoursthey work. To avoid this problem, employersshould clearly identify the workweek, state thatovertime must be approved in advance, andthat an employee will be subject to disciplinefor not receiving prior approval. An employer

may discipline an employee who performsunauthorized overtime, but the discipline cannotbe failure to pay overtime.

Posters

There are several posting requirements that applyto many employers:

Equal Employment Opportunity

Every employer covered by nondiscriminationand EEO laws is required to post on its premisesthe Equal Employment Opportunity is the Lawposter, which is available from the EEOC andother sources.

Fair Labor Standards Act

Every employer of employees subject to the FairLabor Standards Acts minimum wage provisionsmust post a notice explaining the Act in aconspicuous place in all of its locations.

Family and Medical Leave Act

All covered employers are required to displayand keep displayed a poster prepared by theDepartment of Labor (DOL) summarizing themajor provisions of the Act and telling employeeshow to file a complaint.

Occupational Safety and Health Act

Employers subject to the Occupational Safety andHealth Act are required to post a notice notifyingemployees of the protections of the Act.

An employers anti-harassmentpolicy should be more expansivethan just prohibiting sexualharassment; it should prohibitharassment based on everyprotected characteristic underfederal and state law.


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Uniformed Services Employment andReemployment Rights Act

Employers are required to provide to personsentitled to the rights and benefits underthe Uniformed Services Employment and

Reemployment Rights Act (USERRA) a noticeof the rights, benefits and obligations of suchpersons and their employers under USERRA.

Some states also require additional postings. Forexample, New Jerseys Family Leave Insurancelaw provides eligible employees with up to sixweeks of family leave benefits to care for anewborn or newly adopted child, or to care fora child, spouse, domestic partner, civil unionpartner or parent with a serious health condition.

New Jersey employers must distribute and postthe Family Leave Insurance Poster preparedby the New Jersey Department of Labor andWorkforce Development regarding this law.

Training

Employers are not required by federal law toconduct EEO or harassment training for theiremployees (though federal contractors are required

to train certain personnel to ensure that theiraffirmative action obligations are implemented).Some states require employers to conductharassment training for certain employees. Forexample, in California an employer having 50 ormore employees must provide at least two hoursof classroom or other effective interactive trainingand education regarding sexual harassment to all

supervisory employees and to all new supervisoryemployees within six months of their assumption ofa supervisory position. Additionally, each employercovered by the law must provide sexual harassmenttraining and education to each supervisory

employee in California once every two years.

Similarly, in Connecticut an employer having50 or more employees must provide two hoursof training and education to all supervisoryemployees within six months of their assumptionof a supervisory position.

In Maine, employers with 15 or more employeesmust conduct an education and training programfor all new employees within one year of

commencement of employment that includes,at a minimum, the following information: (1) theillegality of sexual harassment; (2) the definitionof sexual harassment under state and federallaws and federal regulations; (3) a descriptionof sexual harassment, utilizing examples; (4)the internal complaint process available to theemployee; (5) the legal recourse and complaintprocess available through the Maine HumanRights Commission; (6) directions on how tocontact the Commission; and (7) protection

against retaliation. Employers must conductadditional training for supervisory and managerialemployees within one year of commencementof employment that includes, at a minimum,the specific responsibilities of supervisory andmanagerial employees, and methods that theseemployees must take to ensure immediate andappropriate corrective action in addressing sexualharassment complaints

Employers must be careful to comply with the

training laws of the states in which they operate.Payment of Wages Upon Separation

Employers are not required by federal law toimmediately give former employees their finalpaycheck. Some states, however, have specialrequirements regarding when and how wagesmust be paid upon separation. For example, in


Employers are not requiredby federal law to conductEEO or harassment training

for their employees... Somestates require employers toconduct harassment trainingfor certain employees.


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California, if an employer discharges an employee,the wages earned and unpaid at the time ofdischarge are due and payable immediately. Ifan employee not having a written contract for adefinite period quits his employment, his wages

shall become due and payable not later than 72hours thereafter, unless the employee has given72 hours previous notice of his intention to quit, inwhich case the employee is entitled to his or herwages at the time of quitting.

In Illinois, employers must pay the finalcompensation of separated employees in full,at the time of separation, if possible, but in nocase no later than the next regularly scheduledpayday for such employee. Moreover, in no

case shall an employer withhold all or partof the final compensation due an employeewhile the employer awaits return of propertyin the possession of the employee, unless theemployees express written consent is given freelyat the time the deduction is made.

In Massachusetts, any employee discharged fromsuch employment must be paid in full on the dayof his discharge.

Employers must be sure to comply withthe termination laws of the states in whichthey operate.

Record Keeping

EEOC regulations require that employers keep allpersonnel or employment records for one year.If an employee is involuntarily terminated, EEOCregulations provide that the employees personnelrecords must be retained for one year from thedate of termination.

Under federal Age Discrimination in EmploymentAct (ADEA) record-keeping requirements,employers must also keep all payroll records forthree years. Additionally, employers must keep onfile any employee benefit plan (such as pensionand insurance plans) and any written seniorityor merit system for the full period the plan or

system is in effect and for at least one year afterits termination.

Under the federal Fair Labor Standards Act(FLSA) record-keeping requirements applicable

to the Equal Pay Act (EPA), employers must keeppayroll records for at least three years. In addition,employers must keep for at least two years allrecords (including wage rates, job evaluations,seniority and merit systems, and collectivebargaining agreements) that explain the basis forpaying different wages to employees of oppositesexes in the same establishment.

When a legal claim has been filed against anemployer, it must retain all employment recordsrelating to the issues under investigation as aresult of the claim, including those related tothe individual bringing the claim and all otheremployees holding or seeking positions similar to

that held or sought by the affected individual(s).Once a claim is filed, these records must be keptuntil the final disposition of the claim.


EEOC regulations require that

employers keep all personnel oremployment records for one year.


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The federal Immigration and Nationality Act(INA) governs immigration and citizenship in the

United States for all employers. The INA requiresemployers to verify an employees eligibility towork in the United States. Within three days ofhire, employers must complete an EmploymentEligibility Verification Form, commonly referredto as a Form I-9. This form requires an employerto examine acceptable forms of documentationsupplied by the employee to confirm theemployees citizenship or eligibility to work inthe United States. Employers can only requestdocumentation specified on the Form I-9.

Employers do not file the I-9 with the federalgovernment. Rather, an employer is requiredto keep a Form I-9 on file for three years afterthe date of hire or one year after the date of theemployees employment termination, whicheveris later. The U.S. Immigration and CustomsEnforcement (ICE) agency conducts routineworkplace audits to ensure that employers areproperly completing and retaining I-9 Forms, andthat employee information on I-9 Forms matches

government records.

NonDiscrimination and Document Abuse

INA prohibits four types of unlawful conduct:citizenship or immigration status discrimination;national origin discrimination; unfair documentarypractices during the Form I-9 process (documentabuse); and retaliation. As to document abuse, theUnited States Citizenship and Immigration Services(USCIS) agency has explained that such abuse canbe broadly categorized into three types of conduct:

1. Improperly requesting that employees presenta particular document, such as a greencard, to establish identity and/or employmentauthorization;

2. Improperly rejecting documents thatreasonably appear to be genuine and relate tothe employee presenting them; and

3. Improperly treating groups of applicantsdifferently when completing Form I-9, such

as requiring certain groups of employees wholook or sound foreign to present particulardocuments the employer does not requireother employees to present.

USCIS has explained that these practices mayconstitute unlawful document abuse and should beavoided when verifying employment authorization.All employment-authorized individuals areprotected against this type of discrimination.INAs provision against document abuse covers

employers with four or more employees.

Immigration Reform and Control Act

The U.S. Immigration andCustoms Enforcement (ICE)agency conducts routineworkplace audits to ensurethat employers are properly

completing and retaining I-9Forms, and that employeeinformation on I-9 Formsmatches government records.


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E-Verify

Employers can use information taken from theForm I-9 to verify electronically the employmenteligibility of newly hired employees throughE-Verify. E-Verify is a federal government-run

Internet-based system that allows businessesto determine the eligibility of their employeesto work in the United States. While Form I-9requires employers to collect information, therewas no way for employers to verify that theinformation employees provide is valid or that thedocuments presented are genuine, until E-Verify.Using E-Verify gives employers a defense to aclaim that they knowingly hired an unauthorizedalien. But the defense is not absolute. Employersmay still face civil and criminal liability if, basedupon the totality of the circumstances, it can beestablished that they knowingly hired or continuedto employ unauthorized workers.

E-Verify is a voluntary program for most employers,except for most government contractors and exceptin states that may require it.


E-Verify is a federal government-run Internet-based system thatallows businesses to determinethe eligibility of their employeesto work in the United States.


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The employee that I terminated does not have ashred of evidence that Ive done anything wrong.Its my word against his, so how can he possiblyhave a case? Plus, this is an at-will state. I canterminate him for any reason, right? That iswhat many employers will say and mean it. Tobe sure, employment at-will is presumed in 49states (everywhere but Montana), and it permitsan employer to terminate an employee for agood reason, a bad reason, or no reason at all.Nonetheless, the reality is that the doctrine doesnot matter as much as employers might think,because many exceptions to it have been createdover the years.

Discrimination Exceptions

For starters, the federal government has createdmany exceptions to the at-will doctrine. Title VIIof the Civil Rights Act of 1964 (Title VII) prohibitsdiscrimination against applicants and employeeson the basis of sex, race, color, national origin, andreligion. Title VII applies to employers who have 15or more employees.

The Pregnancy Discrimination Act (PDA) prohibitsdiscrimination against applicants and employeeson the basis of pregnancy. The PDA applies toemployers that have 20 or more employees.

The Americans with Disabilities Act (ADA) prohibitsdiscrimination against qualified applicants andemployees with disabilities. The ADA applies toemployers that have 15 or more employees.

The Age Discrimination in Employment Act(ADEA) prohibits discrimination against applicantsand employees on the basis of age. However,it does not protect individuals under the age of40, although some states have laws that protectyounger workers from age discrimination. TheADEA applies to employers that have 20 ormore employees.

Title VII, the PDA, ADA, and ADEA also containanti-retaliation provisions, which prohibit anemployer from taking adverse action (such astermination) against an individual that complainsof discrimination under the law or otherwiseexercises his rights under the law.

Lastly, many states have also enacted fairemployment practices laws that prohibitdiscrimination on a broader number of bases thanthe federal statutes. For example, some states

have prohibited discrimination on such groundsas marital status, political affiliation, sexualpreference, and personal appearance.

In addition, some states may have state or localanti-discrimination ordinances that cover smalleremployers for the same categories protected by thefederal laws discussed above.

Public Policy and Whistle-Blower Exceptions

Other areas of federal law have also created certain

exceptions to the at-will doctrine. For example,the most well known is the False Claims Act (FCA),which provides financial incentives for the reportingof fraud against the U.S. government. The FCA isone of the prime whistle-blowing laws. It providessubstantial rewards to whistle-blowers whoprosecute successful law suits in the name of the

Employment At-Will and the EqualEmployment Opportunity Laws

The Americans with DisabilitiesAct (ADA) prohibits discrimination

against qualied applicants andemployees with disabilities. TheADA applies to employers thathave 15 or more employees.


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government against individuals or companies whohave fraudulently claimed federal funds.

Legislatures in each of the fifty states and theDistrict of Columbia have also enacted whistle-

blower protection statutes in some form. Whilethese laws vary greatly in many respects, a centralpoint of the laws is protecting employees whoengage in certain activities. Examples of suchactivities include: dismissal for serving on a jury;dismissal for filing a workers compensation claim;dismissal for refusing to perjure oneself; refusingto participate in an illegal activity; exercising a legalright or interest; and exposing some wrongdoing bythe employer.

In addition, some states have recognized thecovenant of good faith and fair dealing as anexception to the at-will doctrine. For example,some states have held that retaliatory dischargein violation of public policy would violate thecovenant. This could include an employee whowas terminated for complaining about safetyviolations. Nonetheless, the majority of states havenot recognized the covenant of good faith and fairdealing, and have said that it is contrary to the at-will doctrine.

Understanding How Legal Claims Work

Of course Im not going to fire an employee forone of the reasons listed in those laws, so I donthave anything to worry about, right? Wrong. Aplaintiff does not need smoking gun evidence thatan employer acted unlawfully. Courts recognizethat workplace discrimination comes in manysubtle, different forms. To be sure, discriminatorybehaviors and actions can be blatant. For example,a manager might say, Fire Tom, hes too old.

Or, a text might read, Lauras absences that arerelated to her medical problems are too extensive,terminate her.

But those cases are rare. Courts understand thatdiscrimination is normally much more subtle anddifficult to prove. As a result, courts allow plaintiffsto use circumstantial evidence to prove their

case. Depending on the type of case, examplesof circumstantial evidence include the timing of atermination (for example, was it close in time to acomplaint of discrimination?), stray remarks thatmay seem innocent on their face (such as, we

need a more vibrant and energized workforce),evidence of how others have been treated in similarcircumstances, what employer policies say ordo not say, whether the plaintiff was qualified forthe position, whether the plaintiff was replacedby someone outside of the protected category,and whether the plaintiff had received goodperformance reviews.

A jury is permitted to rule in favor of a plaintiffbased entirely on inferences they draw from suchcircumstantial evidence. Thus, if a jury concludesthat an employers story does not line up with thefacts or otherwise did not justify the action taken,

they are free to rule in favor of the plaintiff andconclude the real reason for the employers actionwas unlawful discrimination or harassment.

Lastly, but certainly not least, a plaintiffs burdenof proof in court is relatively low. A plaintiff neednot prove beyond a reasonable doubt that anemployer unlawfully discriminated against her orharassed her. Rather, a plaintiff need only provethat an employer more likely than not discriminatedagainst her. In hard numbers, this means that a

plaintiff who proves her case by a mere 50.1% canwin about the same odds as a coin toss.

...some states have recognized the

covenant of good faith and fairdealing as an exception to theat-will doctrine.


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Statistics show that a majority of drug and alcoholabusers in the United States are employed: 75

percent of illicit drug users over 18, nearly 80percent of binge and heavy drinkers, and 60 percentof adults with substance abuse problems. Thesestatistics are cited on a U.S. Department of Labor(DOL) General Workplace Impact page on theDOL website (http://www.dol.gov/compliance/topics/safety-health-working-partners.htm)and taken from the Working Partners NationalConference Proceedings Report sponsored by theDOL, the Small Business Administration (SBA), andthe Office of National Drug Control Policy

(http://www.tn.gov/labor-wfd/dfwp.html#thecost).

Not surprisingly then, the use of drug-freeworkplace policies is becoming standard businesspractice. There is no federal or state law thatcompletely prohibits an employer from utilizingdrug testing to address the problem of substanceabuse in the workplace. Moreover, with theexception of certain employers who do businesswith the federal government and some stategovernments, employers are not required by law to

create a drug-free workplace policy. Thus, drug-free workplace policies are largely voluntary.

There are many reasons why an employer maywant to implement a drug-free workplace policy: tocomply with federal regulations, where applicable(for example, certain employees must be testedpursuant to regulations of the U.S. Department ofTransportation); to ensure the safety of employeesand customers; to improve efficiency drug andalcohol abuse among employees results in lost

productivity, increased absenteeism, drug-relatedaccidents, medical claims and theft; to controlinsurance costs; to reduce workers compensationpremiums (some states provide discounts toemployers who implement drug-free workplaceprograms); to discourage drug users from applyingfor employment; and to avoid legal claims.

However, this does not mean that drug testingdoes not present any legal risks for employers.

Many states have detailed laws that regulatedrug testing, and there are remedies availablefor applicants and employees who may want tochallenge decisions that are made based on drugtests. As a result, it is important for employersto comply with the applicable legal requirementsbefore starting a drug-testing program.

Drug Testing

Statistics show that a majority ofdrug and alcohol abusers in theUnited States are employed: 75percent of illicit drug users over18, nearly 80 percent of bingeand heavy drinkers, and 60percent of adults with substanceabuse problems.


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Workers are suing more than ever. Whilediscrimination and sexual harassment cases have

historically dominated the employment litigationarena, the number of wage and hour cases hasrisen dramatically over the past decade. A wageand hour case is the general description for a casefiled under the federal Fair Labor Standards Act(FLSA) and/or state law concerning the allegednonpayment of full and timely wages. Moreover,according to the most recent statistics, the Wageand Hour Division of the U.S. Department Labor(DOL) finds violations of the FLSA approximatelythree-quarters of the time that it investigates an

employer. Point being, employers should proceedwith caution. The following represents an overviewof key federal wage and hour requirements.Remember, however, that state laws can be stricterthan the FLSA. Where federal law and state lawconflict, employers must comply with the law thatis more protective for employees.

The Basics

Workers who are covered by the FLSA are entitledto a minimum wage of not less than $7.25 perhour effective July 24, 2009. However, some statesrequire a higher minimum wage. Under the FLSA,overtime pay at a rate of not less than one andone-half times an employees regular rate of pay isrequired after 40 hours of work in a workweek.

Employees in some positions can be exempt fromthe minimum wage and overtime requirement.Employees in exempt positions do not receiveovertime pay no matter how many hours they workin a workweek. Since they do not receive overtime

pay, there is no need for an employer to keeprecords of the specific hours they work.

The FLSA provides exemptions from minimumwage and overtime pay for employees employed asbona fide executive, administrative, professional,and outside sales employees. The FLSA alsoexempts certain computer employees. To qualify

for exemption, the DOL has said that employeesgenerally must meet certain tests regarding their

job duties and be paid on a salary basis of not lessthan $455 per week.

Deductions from Pay

Under federal law, whether you can deduct from anemployees pay will depend on whether he or she isa nonexempt (hourly) or an exempt employee.

Employers at times require nonexempt employeesto pay or reimburse the employer for certain items.For the cost of any items that are considered

primarily for the benefit or convenience of theemployer, no deduction may be made from anemployees wages, which would reduce theemployees earnings below the required minimumwage or overtime compensation.

Employers may not avoid FLSA requirementsby having a nonexempt employee reimburse theemployer in cash for the cost of such items in lieuof deducting the cost from the employees wages.

An employer also may not refuse to pay overtimewhen a nonexempt employee works overtimewithout approval. An employer may disciplinethe employee, but must pay overtime for thehours worked.

In contrast to nonexempt employees, employerscan rarely deduct from an exempt employeessalary. Deductions are permissible in certainlimited circumstances, including: the employeeis absent from work for one or more full daysfor personal reasons other than sickness ordisability; for absences of one or more full daysdue to sickness or disability if the deduction ismade in accordance with a bona fide plan, policyor practice of providing compensation for salarylost due to illness; to offset amounts employeesreceive as jury or witness fees, or for military pay;for penalties imposed in good faith for infractions

Wage and Hour Laws


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of safety rules of major significance; or for unpaiddisciplinary suspensions of one or more full daysimposed in good faith for workplace conduct ruleinfractions. Also, an employer is not required topay the full salary in the initial or terminal week

of employment, or for weeks in which an exemptemployee takes unpaid leave under the Family andMedical Leave Act.

Travel Time

Under federal law, ordinary home-to-workand work-to-home travel time by a nonexemptemployee that is outside normal working hoursis not compensable. Similarly, travel time fromhome to the first work site of the day, and from thelast work site of the day, by a nonexempt employee

is not counted as hours worked even if it is notthe employees normal work site, so long as thecommuting distance does not exceed the normalcommuting distance in the area. This rule applieseven when the nonexempt employee is driving acompany vehicle, provided the vehicle is a type thatwould normally be used for commuting.

Travel time outside normal working hours on anonexempt employees one-day assignment inanother city is compensable.

Travel time that a nonexempt employee spendstraveling as part of his or her principal activity, suchas traveling between job sites, is compensable.

Travel time a nonexempt employee spends ontravel for an overnight trip is compensable for theportion during the employees normal workinghours, even on days the employee does notordinarily work. Travel time as a passenger on anairplane, train, boat, bus, or automobile outsidenormal working hours that results in an overnight

stay is usually not compensable (unless theemployee performs work while a passenger).

In contrast to nonexempt employees, an exemptemployees salary covers all hours worked. As aresult, an exempt employee that is paid on a salarybasis is not entitled to additional pay for travel time.

On-Call Time

Under federal law, nonexempt employees whoare on call must be compensated for theirtime if the employers control over them is suchthat they cannot use the time effectively for their

own purpose. Sometimes this is referred to asthe distinction between waiting to be engaged(when the employee has significant flexibility to dowhat they want) and engaged to wait (when theemployees flexibility is much more limited).

There are no bright line rules to determinethe compensability of on-call time. Rather,a determination as to whether the time iscompensable depends on the facts of the situation.Relevant factors include whether the employee is

required to remain on the employers premises;whether there are excessive geographicalrestrictions on the employees mobility; thefrequency of the calls/emails/texts which maylimit mobility; the extent to which the employeecan trade calls with a co-worker; and the extentto which the employee is permitted to engage inpersonal activities.

Meal Periods and Breaks

Under federal law, meal periods generally are not

compensable if they are 30 minutes or longer, andthe employee is relieved of all duties and is free touse the time effectively for a meal. Breaks or restperiods that are 20 minutes or longer are usuallynot compensable if the break or rest period is longenough to allow the employee to be relieved of allduties, and there is no evidence the employer isattempting to avoid the requirements of the FLSA.

Severance Pay

Severance pay is sometimes granted to employees

upon termination of employment. There is norequirement in the FLSA to provide severance pay.Such pay is a matter of agreement between anemployer and an employee.


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Employee safety remains important for allemployers. The Occupational Safety and Health

Act (Act) is administered by the OccupationalSafety and Health Administration (OSHA), whichin turn regulates safety and health conditions inmost private industries. In general, the Act coversall employers and their employees in the 50states, the District of Columbia, Puerto Rico, andother U.S. territories.

OSHA explains that it has two main functions:setting standards and conducting inspectionsto ensure that employers are providing safe and

healthful workplaces. OSHA standards mayrequire that employers adopt certain practices,means, methods, or processes reasonablynecessary and appropriate to protect workers onthe job. Employers must become familiar with thestandards applicable to their establishments andeliminate hazards.

General Requirements

OSHA has explained that the following arecommon safety requirements that apply to many

general industry employers.

Hazard Communication Standard

This standard is designed to ensure thatemployers and employees know about hazardouschemicals in the workplace and how to protectthemselves. Employers with employees whomay be exposed to hazardous chemicals in theworkplace must prepare and implement a writtenHazard Communication Program and comply withother requirements of the standard.

Emergency Action Plan Standard

OSHA recommends that all employers have anEmergency Action Plan. A plan is mandatory whenrequired by an OSHA standard. An EmergencyAction Plan describes the actions employeesshould take to ensure their safety in a fire or otheremergency situation.

Walking/Working Surfaces

Floors, aisles, platforms, ladders, stairways, andother walking/working surfaces are present, tosome extent, in all general industry workplaces.Slips, trips, and falls from these surfacesconstitute the majority of general industryaccidents. The OSHA standards for walking andworking surfaces apply to all permanent places ofemployment, except where only domestic, mining,or agricultural work is performed.

Medical and First Aid

OSHA requires employers to provide medical andfirst-aid personnel and supplies commensuratewith the hazards of the workplace. The detailsof a workplace medical and first-aid programare dependent on the circumstances of eachworkplace and employer.

Even in areas where OSHA has not set forth astandard addressing a specific hazard, employersare responsible for complying with the OSH Actsgeneral duty clause. The general duty clause

[Section 5(a)(1)] states that each employer shallfurnish . . . a place of employment which is freefrom recognized hazards that are causing or arelikely to cause death or serious physical harm tohis employees.

Workplace Safety

OSHA explains that it has two

main functions: setting standardsand conducting inspectionsto ensure that employers areproviding safe and healthfulworkplaces.


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Updated Hazard Communication Standard

OSHA has been busy with regulatory prioritiesthat affect employers. In particular, it haspublished a final rule bringing its hazardcommunication standard into accord with the

Globally Harmonized System of Classificationand Labeling of Chemicals (GHS). The final rulemakes three significant changes in the currenthazard communication standard. The first twoaffect chemical manufacturers directly. Thethird impacts any employer in the country usinghazardous chemicals in the workplace.

Hazard Classification

The GHS rule changes the means by whichchemical manufacturers determine whether,

and to what extent, a chemical is hazardous.OSHAs current hazard communication standardrequires manufacturers to consider as hazardousany chemical used in the workplace for whichthere is statistically significant evidence, basedon at least one study conducted in accordancewith established scientific principles, that acuteor chronic health effects may occur in exposedemployees. Under the existing standard, a healthhazard includes chemicals that are carcinogens,toxic or highly toxic agents, reproductive toxins,

irritants, corrosives, and sensitizers, among others.

The new rule standardizes the classificationprocess used by manufacturers. Manufacturerswould classify any health or physical hazards ofthe chemical and determine the category ofeach class. The rule then requires manufacturersto place the chemical into further subcategories.

Provision of Labels and Safety Data Sheets

Once a manufacturer classifies a hazardous

chemical, it must communicate that informationto downstream users. The rule would standardizethe labels and Safety Data Sheets (SDSs)(replacing current MSDSs) used to convey thisinformation. OSHA believes these changes wouldallow employers and employees to understandbetter the important information conveyed on theSDSs.

Training

Largely as a result of the first two changes, OSHAsfinal rule requires employers to train employees onthe New Hazard Classifications, labels, and SDSs.Thus, every employer in the country that has aHazard Communication Program must retrain itsemployees in the new system.

Enforcement Activity

OSHA is also continuing to maintain historicallyhigh enforcement levels. The agency is bringingsignificant cases and, as a result of its enhanced

administrative penalties memorandum, employersare seeing higher proposed penalties. From aconceptual standpoint, OSHAs enforcementefforts serve to strongly encourage employersto find and fix issues at the workplace on theirown, without prompting from OSHA. Employerscannot afford to relax their safety and healthprograms. Employers should consider thefollowing actions to ensure compliance: reviewwork sites for uncontrolled hazards; examinerecord-keeping logs and other incident reports

for areas of concern; engage employees andfront-line supervisors in hazard identificationand control; and control and review annually theeffectiveness of safety and health efforts.

OSHA has been busy withregulatory priorities that affectemployers. In particular, it has

published a nal rule bringingits hazard communicationstandard into accord with theGlobally Harmonized System ofClassication and Labeling ofChemicals (GHS).


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Memorandum on Safety Incentive Programs

In a memorandum to Regional Administratorsand Whistle-Blower Program Managers, OSHADeputy Assistant Secretary Richard Fairfax hasprovided guidance on employer practices that

OSHA believes can discourage employee reportsof injuries and violate sections of the Act or otherwhistle-blower statutes. The memorandumstates definitively, [R]eporting a work-relatedinjury or illness is a core employee right, andretaliating against a worker for reporting an injuryor illness is illegal discrimination under section11(c). It also lists the following most commonpotentially discriminatory policies:

Taking disciplinary action against employees

who are injured on the job, regardless of thecircumstances surrounding the injury. [A]nemployers policy to discipline all employeeswho are injured, regardless of fault, is not alegitimate nondiscriminatory reason that anemployer may advance to justify adverse actionagainst an employee who reports an injury.

Taking disciplinary action against employeeswho report an injury or illness and the statedreason is that the employees have violated

an employer rule about the time or mannerfor reporting injuries and illnesses. OSHArecognizes that employers have a legitimateinterest in establishing procedures forreceiving and responding to reports of injuries.To be consistent with the statute, however,such procedures must be reasonable and maynot unduly burden the employees right andability to report.

Taking disciplinary action against employeeswho are injured on the job because theyviolated a safety rule, when the rule violationis simply a pretext for discrimination.

Establishing incentive programs that maydiscourage reporting of injuries. For example,an employer might enter all employees whohave not been injured in the previous year in adrawing to win a prize, or a team of employees

might be awarded a bonus if no one from theteam is injured over some period of time.

Employers should make any needed adjustmentsto their policies.


OSHA is also continuing tomaintain historically highenforcement levels. The agencyis bringing signicant casesand, as a result of its enhanced

administrative penaltiesmemorandum, employers areseeing higher proposed penalties.


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Disability and leave management sits at theintersection of various federal and state laws,

including the Americans with Disabilities Act(ADA), Family and Medical Leave Act (FMLA),Genetic Information Nondiscrimination Act(GINA), Pregnancy Discrimination Act (PDA), AgeDiscrimination in Employment Act (ADEA) and theirstate counterparts. Given this complex array oflegal mandates, disability and leave managementis a constant source of frustration for employers.In addition to the routine employment decisionsinvolving injured or ill employees or individuals withfamily caregiving responsibilities, one particular

area of confusion for employers is determininghow much leave an employee is legally entitledto take and in what form. To make this issueeven more challenging, the agency chargedwith enforcing the ADA, the Equal EmploymentOpportunity Commission (EEOC), has been verycritical of common employer leave practices, suchas fixed leave and no-fault attendance policies thatestablish uniform limits and standards for workers.

The discussion below provides an overview of some

of the federal legal requirements in this area of thelaw and highlights critical issues for employers.

The Americans with Disabilities Act

The ADA is a federal law that prohibitsdiscrimination against a qualified individualwith a disability, meaning a disabled individualwho can perform the essential functions of hisor her job either with or without a reasonableaccommodation. The ADA defines disability as aphysical or mental impairment that substantially

limits one or more major life activities, a record ofsuch an impairment, or being regarded as havingsuch an impairment.

Employers are obligated to provide disabledemployees with reasonable accommodationsunder the ADA so long as doing so does notpose an undue hardship. Reasonable

accommodation may include job restructuring,part-time or modified work schedules,

reassignment to a vacant position . . . appropriateadjustment or modifications of examinations,training materials or policies. The ADA alsoincludes job protected leave as a potentialreasonable accommodation for disabledworkers, but offers no guidance on how muchleave must be provided. Employers must engagein an interactive process to determine whethera reasonable accommodation is available foremployees with disabilities.

The ADA Amendments Act (ADAAA), which tookeffect in January 2009, makes it significantly easierfor a plaintiff to establish that he or she is disabledunder the ADA. In addition, the ADAAA makesclear that [a]n impairment that is episodic or inremission is a disability if it would substantiallylimit a major life activity when active. Thismeans that a number of conditions that would

not be considered disabilities prior to enactmentof the ADAAA now fall under the ADAs definitionof disability, requiring employers to providereasonable accommodations.

Disability Leave Management

The ADA is a federal law thatprohibits discrimination againsta qualied individual with adisability, meaning a disabledindividual who can performthe essential functions of his orher job either with or without a

reasonable accommodation.


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The Family and Medical Leave Act

The FMLA is a federal law that provides employeesthat work for a covered employer up to 12 weeksof unpaid leave in a 12-month period for the birth,adoption, or foster care of a child; to care for a

child, spouse, or parent with a serious healthproblem; for the employees own serious healthcondition that renders the employee unable toperform the functions of his or her job; or for anyqualifying exigency arising out of the fact that oneof a number of certain enumerated relatives of theemployee is a covered military member on activeduty (or has been notified of an impending call ororder to active duty) in support of a contingencyoperation. In addition, eligible employees areentitled to 26 workweeks of leave in a single

12-month period to care for a covered servicemember with a serious injury or illness if theemployee is the spouse, son, daughter, parent, ornext of kin of the service member. The statute alsorequires that group health benefits be maintainedduring any FMLA-qualifying leave and has anumber of requirements with respect to medicalcertifications and other paperwork.

The FMLA permits employees to take leaveintermittently if medically necessary, which

makes tracking the amount of leave taken bythe employee challenging.

Whereas the FMLA protects the job security of anemployee who is unable to perform the essentialfunctions of his or her position, the ADA requiresthat the employee be able to perform the essentialfunctions of the position with or without reasonableaccommodation. Despite this difference, the EEOCmaintains that individuals covered by the ADA maybe entitled to more than 12 weeks of unpaid leave

as a reasonable accommodation.

The Genetic InformationNondiscrimination Act

The Genetic Information Nondiscrimination Actof 2008 (GINA) prohibits health insurers andemployers from discriminating against individualsbecause of their genetic composition, and makes

it illegal for employers to request that employeesundergo genetic testing or provide family medicalinformation, except in limited circumstances.Unlike the ADA, GINA does not prohibitdiscrimination based on the actual presence of a

genetic disorder. However, GINA places restrictionson the types of questions an employer can ask anemployee about his or her family history of mentalillness, as well as how the employer must storeinformation it receives regarding an employeesgenetic information. One of the ramifications ofGINA is that it makes efforts more complicatedto manage employee disabilities proactivelyand prevent illness through voluntary wellnessprograms. Employers must now have employeessign authorizations before providing family medical

histories and provide notices directing doctors notto provide genetic information, while conductingroutine medical evaluations.

Enforcement Activity

The EEOC has been aggressively pursuingemployer leave policies that automaticallyterminate employees after exhausting all availableleave provided by law or company policy. In theEEOCs view, such individuals may still be qualifiedindividuals with disabilities entitled to additional

leave time as an ADA reasonable accommodation.In many cases, the EEOCs challenges comewith allegations of systemic discriminationagainst a class of individuals and have resultedin settlements in the millions of dollars.Contemporaneous with this targeted enforcementeffort, employees are filing ADA charges with theEEOC at a record pace. In 2011, there was analmost 36 percent increase from the previous yearin monetary relief obtained by the EEOC on behalfof individuals who filed disability discrimination

charges with the agency. At the same time,the ADAAA makes it easier for plaintiffs to sueemployers in court, as many more conditions arenow considered disabilities under the law. Withinthis legal framework, employers must routinelyevaluate their leave management protocols andindividually assess all requests for leave.


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Conclusion

As you can see, employment law compliance is a hot topic with many different layers and nuances. Withconstant changes in policy and regulations by federal agencies, states and courts, it is difficult to keep

up with all of the new rules, determine how they affect you, and stay in compliance. ADP TotalSourceis well versed in legal and regulatory developments, and it stays on top of new rules that affect yourbusiness. ADP TotalSource updates clients about new developments of significance in a timely way andoffers clear action plans that allow clients to focus on their business objectives.


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A part of ADPs Employer Services Division, ADP TotalSource provides employers with acomprehensive Human Resources outsourcing solution that helps reduce the costs and

complexities related to employment and human resources management. For companies andHR departments that seek to return their focus to their core processes, ADP TotalSourceremoves administrative and regulatory burdens, allowing more effort to be expended on strategicinitiatives. Our affordable outsourcing opportunities have the ability to significantly reduceoperating costs and streamline business operations, paving the way for growth and competitivegains. To learn more about how ADP TotalSource can help your business call 1-800-HIRE-ADP(800-447-3237) or visit us online at www.adptotalsource.com .

Jackson Lewis is a strategic alliance partner with ADP TotalSource. For more than 50 years,Jackson Lewis has placed a high premium on preventive strategies and positive solutions inthe practice of workplace law. With nearly 700 attorneys practicing in 48 offices nationwide,Jackson Lewis has a national perspective and sensitivity to the nuances of regional businessenvironments. www.jacksonlewis.com.

About ADP TotalSource

About Jackson Lewis


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HR. Payroll. Benefits.

This material is subject to change and is provided for informational

purposes only and nothing contained herein should be taken as legal

opinion, legal advice, or a comprehensive compliance review.

The ADP logo, ADP, and ADP TotalSource are registered trademarks of

ADP, Inc. In the Business of Your Success is a service mark of ADP, Inc.

Documents

Practical Guidance Employment Law