MODULE 2
Employers Responsibilities and Rights
This module will provide an overview of the some of the federal and state employment laws and practices. It is always best-practice as an employer to follow these laws, even if you are not required to by law.
Important: Because there are a number of different variables that determine which of these laws you, as an employer, are required to follow, we strongly recommend that you contact both the U.S. Department of Labor and the Kansas Department of Labor which determine which laws apply to you.
The US Department of Labor (www.dol.gov) has a wealth of comprehensive resources that every employer should review. Another good resource is the Kansas Department of Labor website (www.dol.ks.gov). You can contact either the U.S. Department of Labor or the Kansas Department of Labor whenever you have a question about any employment law.
Following are examples of some of the Federal and State Employment Laws:
- The Kansas Act Against Discrimination – It is also declared to be the policy of this state to assure equal opportunities and encouragement to every citizen regardless of race, religion, color, sex, disability, national origin or ancestry, in securing and holding, without discrimination, employment in any field of work or labor for which a person is properly qualified, to assure equal opportunities to all persons within this state to full and equal public accommodations, and to assure equal opportunities in housing without distinction on account of race, religion, color, sex, disability, familial status, national origin or ancestry. (Taken from K.S.A. 44-1001) The Kansas Act Against Discrimination
- Employment Discrimination – It is in violation of federal and state civil rights laws to discriminate against hiring an individual because of his or her age, race, sex, religion, ethnicity, or disability.
- Americans with Disabilities Act, Title I – Prohibits job discrimination by employers against qualified individuals with disabilities.
- Verifying Employment Eligibility – All U.S. employers are responsible for completion and retention of Form I-9 for each individual they hire for employment in the United States. This includes citizens and noncitizens. On the form, the employer must verify the employment eligibility and identity documents presented by the employee and record the document information on the Form I-9.
- Employment At-Will – Kansas is an Employment At-Will state. At-will employee may be terminated for any reason as long as it is not illegal, such as violates employment discrimination laws.
- Sexual Harassment – Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when this conduct explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance, or creates an intimidating, hostile, or offensive work environment.
Sexual harassment can occur in a variety of circumstances, including but not limited to the following:
- The victim as well as the harasser may be a woman or a man. The victim does not have to be of the opposite sex.
- The harasser can be the victim's supervisor, an agent of the employer, a supervisor in another area, a co-worker, or a non-employee.
- The victim does not have to be the person harassed but could be anyone affected by the offensive conduct.
- Unlawful sexual harassment may occur without economic injury to or discharge of the victim.
- The harasser's conduct must be unwelcome.
- Federal Wage and Hour Law – Effective July 24, 2007 the federal minimum wage will be $5.85 per hour.
- Kansas Wage and Hour Law – All employees not covered by the Federal Fair Labor Standard Act may pay Kansas minimum wage ($2.65 per hour). You should contact Federal Wage and Hour at (913) 551-5721 to inquire about coverage whether you, as the employer, are covered by the Federal Fair Labor Standards Act (FLSA).
Again, the above is a sample of some of the laws; you should contact the US Department of Labor and the Kansas Department of Labor to see which employment laws apply to you. Both agencies contact information can be found in the Resource section of this training.
Other recommended employment practices include:
- Conduct a criminal background check
- Conduct a driving record check
- Establish wage scale and raise schedule
- Checking references
- Performance review criteria
- Employment agreements highlighting
- Drug-free workplace
- Worker safety
- Employment at-will clause
- Dispute resolution statement/grievance procedure
Sample forms and employment agreements may be found in the Sample Forms section of this training.