Navigating Employment Law: An Introductory Guide for Employers of All Sizes

December 6, 2023

Brad DeBeaubien headshot, speaker at the December 7th Pasco 50 event discussing employment law.

In the dynamic landscape of employment law, staying informed is not just good practice—it's essential. We are delighted to present a comprehensive refresher on HR best practices, featuring insights from the expertise of Brad deBeaubien, our distinguished December Pasco 50 keynote speaker from Shumaker, Loop & Kendrick, LLP. This guide aims to equip employers of all sizes with the knowledge and tools to navigate the complexities of employment law successfully. 

Before delving into the specifics, it's crucial to acknowledge that the materials presented here are for guidance and reference purposes only. They provide general and informational insights but should not be considered legal advice. Employers facing decisions related to interpreting the law are strongly encouraged to consult directly with a legal professional. 

As Henry Ford wisely said, "Nothing is particularly hard if you divide it into small jobs." This philosophy is particularly relevant in the realm of employment law, where breaking down complex issues into manageable tasks can lead to better compliance and risk management. 

1. Employment Application

   1. Individualized Assessment: When inquiring about criminal history, ensure the application uses an individualized assessment approach.

   2. False Information Disclaimer: Notify applicants that false or incomplete information can preclude hiring or result in termination. 

2. Background Checks
   1. Procedure Checklist: Establish a background check procedure, including obtaining authorization, conducting checks, and delivering pre- and post-adverse action notices. 
   2. FCRA Compliance: Adhere to the Fair Credit Reporting Act (FCRA) to avoid potential liabilities. 

3. Offer Letters

   1. ​​​​​​​At-Will Employment: Clearly state in the offer letter that employment is "at-will." 

   2. Conditional Employment: If background checks or drug tests are part of the process, specify that employment is contingent upon successful completion. 

   3. Restrictive Covenants: If applicable, indicate that employment is contingent upon the execution of any restrictive covenant agreements. 

4. Orientation

   1. ​​​​​​​Checklist Utilization: Employ an orientation checklist to ensure all necessary steps are completed.

   2. Equipment Records: Maintain records of all equipment and company property issued to employees.

   3. Technology Use Agreement: If employees use personal devices for work, implement a Bring Your Own Device or Technology Use Agreement. 

5. Compensation Agreements

   1. ​​​​​​​Ensure that agreements:

      1. Define Eligibility: Clearly define terms for bonus and commission eligibility.

      2. Detail Calculation: Specify how bonuses and commissions will be calculated and when they will be paid. 

      3. Grant Authority: Provide authority for the company to modify terms prospectively. 

6. Exempt / Non-Exempt Employees

   1. ​​​​​​​Understand the distinctions between non-exempt and exempt employees, recognizing the qualifications for exemptions such as Administrative, Executive, and Outside Sales. 

7. Paid Time-Off Policies

   1. ​​​​​​​Carryover Policies: Clearly define whether paid leave benefits can be carried over to the next year. 

   2. Separation Policies: Address what happens with accrued but unused leave upon an employee's separation. 

   3. PTO Policy Clarity: If using a general PTO policy, specify that it can be used for sickness or disability. 

8. Recent Developments in Non-Compete and Non-Solicit Agreements

   1. ​​​​​​​Stay abreast of the May 30, 2023 Memorandum 23-08, indicating potential shifts in the NLRB's stance on non-competition agreements. 

In conclusion, these insights from Brad deBeaubien offer a valuable foundation for employers navigating the intricacies of employment law. For further clarification and tailored advice, we encourage you to connect directly with legal professionals, ensuring that your business practices align seamlessly with current legal standards. The Pasco EDC is also available to help connect you with local experts and professionals like Mr. deBeaubien to help your business grow and thrive in Pasco County.