1. (c) 2011 All Rights Reserved by Lauren Brenner, HCR Group The information contained herein is general and is not offered, and should not be construed, as legal advice with respect to any specific matter. TOP 5 LEGAL HR HOT SPOTS FOR BUSINESSES What Every Organization Needs To Know

2. (c) 2011 All Rights Reserved by Lauren Brenner, HCR Group The information contained herein is general and is not offered, and should not be construed, as legal advice with respect to any specific matter. Presented By: Lauren Brenner President/HR Division 150 Wells Avenue Newton, MA 02459 617-614-1271 Lbrenner@telamonins.com

3. (c) 2011 All Rights Reserved by Lauren Brenner, HCR Group The information contained herein is general and is not offered, and should not be construed, as legal advice with respect to any specific matter. Agenda Top 5 Reasons why Employers are Being Sued Current “hot spots” in Massachusetts Against Discrimination (MCAD) Claims HR Safeguards to Assist Organizations Practices and Policies All Organizations Must Have

4. Test Your Knowledge I-9 information legally needs to be retained In a separate file In the employee’s personnel files Either of the above. (a) In a separate file that is not attached to the employee’s personnel file (NOTE: Many employers keep all I-9 Forms together, filed alphabetically, in a separate folder).

5. Test Your Knowledge An applicant, employee or former employee may file a harassment or discrimination complaint with MCAD (Massachusetts Commission Against Discrimination) or the EEOC (Equal Employment Opportunity Commission) within 30 days of the most recent offense 180 days of the most recent offense 300 days of the most recent offense There is no statute of limitations to file a complaint (c) 300 days of the most recent offense; it is strongly suggested that you retain applicant and employee records for a minimum of one year (NOTE: other legal requirements state longer periods of time for the retention of employee or former employee files).

6. Test Your Knowledge OSHA (Occupational Safety & Health Act) recordkeeping requirements apply to employers with 1 employee 11 employees 25 employees More than 50 employees (b) 11 employees (the law does not stipulate that the employees be only full-time).

7. Test Your Knowledge When an employee involuntarily separates from your company, whose responsibility is it to educate the terminated employee about unemployment benefits The employee The company The company, but only to those employees who are involuntarily separated from your company (b) The company needs to send the Division of Unemployment Assistance pamphlet to all terminated employees (regardless of whether the separation was voluntary or involuntary).

8. Test Your Knowledge When was your Employee Handbook last updated with the recent legal compliance changes (e.g., MA Health Insurance Reform Act, ADA, Data Security Breach Law) This past year Within the last 5 years Unsure With all the federal and state legal compliance changes over the past 1-5 years, companies need to ensure that they do not find themselves legally exposed to fines and penalties for non-compliance or notification to employees.

9. (c) 2011 All Rights Reserved by Lauren Brenner, HCR Group The information contained herein is general and is not offered, and should not be construed, as legal advice with respect to any specific matter. Top 5 Reasons Employers Are Being Sued 1) Unlawful Pre-Employment Process and Questions 2) Wage & Hour Infractions 3) Rash Disciplinary Decisions/Termination Errors 4) Breach of Confidentiality 5) Discriminatory Practices/Actions

10. (c) 2011 All Rights Reserved by Lauren Brenner, HCR Group The information contained herein is general and is not offered, and should not be construed, as legal advice with respect to any specific matter. #1 Unlawful Pre-Employment Process and Questions Asking questions to discover protected category information Requesting criminal history information on employment applications Asking non-job-related questions Copying a driver’s license prior to employment offer Requiring completion of background check form prior to employment offer Requiring certain skill testing & /or questions of some applicants and not others

11. (c) 2011 All Rights Reserved by Lauren Brenner, HCR Group. The information contained herein is general and is not offered, and should not be construed, as legal advice with respect to any specific matter. Pre-Employment Process and Questions Remedies

13. Providing “comp” time vs overtime pay

14. Not paying for “all” hours worked

16. Under Massachusetts (revised) wage and hour laws, there is a presumption that any individual providing services is an employee, unless the individual meets the following three (3)-part test: The individual has been and will continue to be free from control and direction in connection with the performance of such service under the contract; Such service is performed outside the usual course of business for which the service is performed; and Such individual is customarily engaged in an independently established occupation, professional or business of the same nature as that involved in the service performed. (c) 2011 All Rights Reserved by Lauren Brenner, HCR Group. The information contained herein is general and is not offered, and should not be construed, as legal advice with respect to any specific matter.

18. Is it due upon termination?

19. If not, when (Note: In NH, exempt employee must be paid for full pay period, not just the date of termination)

20. Vacation Pay

21. Commissions

23. (c) 2011 All Rights Reserved by Lauren Brenner, HCR Group. The information contained herein is general and is not offered, and should not be construed, as legal advice with respect to any specific matter. #4 Rash Disciplinary Decisions/Termination Errors Acting out of emotion vs. reason Setting an example with one employee when others have not received the same discipline Not allowing the employee to state their side of the incident

24. (c) 2011 All Rights Reserved by Lauren Brenner, HCR Group. The information contained herein is general and is not offered, and should not be construed, as legal advice with respect to any specific matter. #4 Rash Disciplinary Decisions/Termination Safeguards Be consistent – actions taken with one employee should be taken with other employees in similar situations Ensure you are 100% sure of your facts Document

26. Hiring

27. Promotions

28. Wage increases

30. Religious Holidays

32. (c) 2011 All Rights Reserved by Lauren Brenner, HCR Group. The information contained herein is general and is not offered, and should not be construed, as legal advice with respect to any specific matter. Protected Categories Include FederalMA Race Race Color Color Sex Sex Age Age Religion Religion National Origin National Origin Genetic Identity Genetic Identity ADA Disability Veteran’s Status Sexual Orientation

34. (c) 2011 All Rights Reserved by Lauren Brenner, HCR Group. The information contained herein is general and is not offered, and should not be construed, as legal advice with respect to any specific matter. Current “hot spots” in Massachusetts Against Discrimination (MCAD) Claims MCAD 2009 Top 6 Categories of Complaints by Protected Class Cases Filed: 3,323 ↓ Disability – 20.5 % (1,140) ↑ Other Complaints: *Sex – 13.0% (721) ↓ Sexual Harassment – 6.2 ↑ Race – 20.1 % (1,116) ↑ Sexual Orientation – 2.0 Retaliation – 11.5% (766) ↑ Creed – 1.7 ↓ Age – 10.7% (593) ↑ Retaliation – 13.8 ↑ National Origin – 8.1% (451) ↓ *Complaints with a basis for Sex – 77% (Women)

35. (c) 2011 All Rights Reserved by Lauren Brenner, HCR Group. The information contained herein is general and is not offered, and should not be construed, as legal advice with respect to any specific matter. Did you know… The average monetary award median for employment practice liability cases, which includes discrimination and wrongful termination claims was $250,000. An ounce of prevention is worth its weight in gold!

36. (c) 2011 All Rights Reserved by Lauren Brenner, HCR Group. The information contained herein is general and is not offered, and should not be construed, as legal advice with respect to any specific matter. HR Safeguards to Assist Organizations Update Employment Application Employee Handbook Anti-Harassment Policy & Employee Training Job Descriptions (include safety, education and skill requisites) Management Legal Compliance Training Management Training

37. (c) 2011 All Rights Reserved by Lauren Brenner, HCR Group. The information contained herein is general and is not offered, and should not be construed, as legal advice with respect to any specific matter. Policies and Practices All Organizations Must Have Employment at Will Attendance/Tardiness Computer Usage/Electronic Workplace Confidentiality Safety Guidelines Misuse of Substances Dress Code/Personal Hygiene Telephone/Cell Phone Salary Deductions MA Health Insurance No Retaliation Personal Data Security/WISP (Written Information Security Program

38. (c) 2011 All Rights Reserved by Lauren Brenner, HCR Group. The information contained herein is general and is not offered, and should not be construed, as legal advice with respect to any specific matter. PERSONAL CONDUCT POLICY Does your policy include: Sleeping on the job Theft and unauthorized removal of company or employee items Fraud Misappropriation of funds NOTE: Only have policies that will be adhered to

39. Summation (c) 2011 All Rights Reserved by Lauren Brenner, HCR Group. The information contained herein is general and is not offered, and should not be construed, as legal advice with respect to any specific matter.

40. Any Questions? (c) 2011 All Rights Reserved by Lauren Brenner, HCR Group. The information contained herein is general and is not offered, and should not be construed, as legal advice with respect to any specific matter.

41. (c) 2011 All Rights Reserved by Lauren Brenner, HCR Group. The information contained herein is general and is not offered, and should not be construed, as legal advice with respect to any specific matter. Thank You