Employment Law Guide for Non-Profit Organizations

1. NLRB Coverage

2. Use of Employer’s Email

3. Confidentiality Provisions

4. Protected Political Activity

5. The Employee Free Choice Act

B. New York Law

XVIII. ENDING THE EMPLOYMENT RELATIONSHIP

A. Involuntary Termination

B. Termination of the Individual Employee

1. Conducting a Termination Meeting

2. Employer's Property; Withholding

3. Final Paycheck

4. COBRA

C. Layoff or Reduction in Force

1. Federal Law - The WARN Act

2. New York Law - The WARN Act

3. New Jersey Law - The WARN Act

D. Notice of Termination

1. New York Law

2. Connecticut Law

3. New Jersey Law

E. Exit Interviews

F. Separation Agreements and Release of Claims

1. The Elements

2. Knowing and Voluntary

3. Older Workers Benefit Protection Act

G. COBRA

1. New York Law

2. Connecticut Law

3. New Jersey Law

XIX. POST-EMPLOYMENT

A. Employment References

1. Conservative Approach

2. Central Source

3. Signed Statement from Employee

B. Unemployment Compensation

1. Reasons for Termination

2. New York Unemployment Insurance Law

3. Connecticut Unemployment Compensation Act

C. Maintaining Employee Records and Files

1. New York Law

2. Connecticut Law

APPENDICES
IMPORTANT NOTICE RE: APPENDICES

APPENDIX A
EMPLOYMENT PRACTICES AUDIT CHECKLIST

APPENDIX B
OUTLINE OF FEDERAL, NEW YORK, NEW YORK CITY, AND CONNECTICUT LAWS GOVERNING THE WORKPLACE

I. FEDERAL LAWS

A. Age Discrimination in Employment Act ("ADEA")

B. Americans with Disabilities Act (the "ADA")

C. Civil Rights Act of 1964, Title VII

D. The Employee Retirement Income Security Act of 1974 ("ERISA")

E. Equal Pay Act

F. Fair Labor Standards Act ("FLSA")

G. Family and Medical Leave Act ("FMLA")

H. Immigration Reform and Control Act ("IRCA")

I. Occupational Safety and Health Act ("OSHA")

J. Older Workers Benefit Protection Act ("OWBPA")

K. Other Laws Affecting Federal Contractors

II. NEW YORK STATE LAW

A. The New York State Human Rights Law

B. New York State Labor Law Section 201 - Anti-Discrimination Statute

1. Fingerprinting

2. Lawful Activities Outside the Workplace

C. New York State Labor Law Section 740 - "Whistleblower" Statute

III. NEW YORK CITY LAW

IV. WESTCHESTER COUNTY LAW

V. CONNECTICUT LAW

A. Anti-discrimination

B. Retaliation

C. "Whistleblower" Protection

VI. DISTINCTIONS BETWEEN EMPLOYEES AND INDEPENDENT CONTRACTORS AND RELATED ISSUES

APPENDIX C
FEDERAL, NEW YORK, NEW YORK CITY, AND CONNECTICUT
POSTER REQUIREMENTS

APPENDIX D
FEDERAL, NEW YORK, NEW YORK CITY, WESTCHESTER COUNTY, AND
CONNECTICUT AGENCIES

APPENDIX E
CHECKLIST OF SUBJECTS FOR AN EMPLOYMENT MANUAL

APPENDIX F
MODEL INTRODUCTORY PROVISIONS AND EMPLOYEE ACKNOWLEDGEMENT FOE EMPLOYMENT MANUALS

APPENDIX G
SAMPLE ETHICS POLICY

APPENDIX H
OFFICE EQUIPMENT AND COMPUTER WORKSTATION
SECURITY AND USE GUIDELINES

APPENDIX I
PRE-EMPLOYMENT INQUIRY GUIDELINES

APPENDIX J
CHILD CARE CENTER EMPLOYMENT PRACTICES

I. NEW YORK STATE CHILD CARE CENTERS LOCATED OUTSIDE OF NEW YORK CITY

A. Employee Qualifications

B. Applicant Screening Requirements

C. Employee Health Requirements

D. Employee Screening Requirements

E. Employee Supervision

II. DAY CARE SERVICES LOCATED IN NEW YORK CITY

A. Employment Qualifications

B. Applicant Screening Requirements

C. Employee Health Requirements

D. Employee Screening Requirements

E. Employee Supervision

III. WESTCHESTER COUNTY

IV. CONNECTICUT LAW

A. Applicant Screening Requirements

B. Employee Screening Requirements

C. Employee Qualifications

D. Staffing

APPENDIX K
MODEL EMPLOYMENT APPLICATION

APPENDIX L
SAMPLE OFFER LETTER

APPENDIX M
SAMPLE FORM UNDER THE FCRA (REQUEST FOR CONSUMER REPORT AND INVESTIGATIVE CONSUMER REPORT)

APPENDIX N
EXEMPT EMPLOYEE CHECKLIST

APPENDIX O
MODEL OVERTIME POLICY

APPENDIX P
MODEL DOMESTIC PARTNER POLICY

APPENDIX Q
SAMPLE SAFETY POLICY

APPENDIX R
VIDEO DISPLAY TERMINAL CHECKLIST

APPENDIX S
SAMPLE HAZARD COMMUNICATION PROGRAM

APPENDIX T
SAMPLE SMOKING POLICY

APPENDIX U
SMALL EMPLOYERS AND REASONABLE ACCOMMODATION

APPENDIX V
SAMPLE POLICY REGARDING
REASONABLE ACCOMMODATIONS FOR DISABLED EMPLOYEES

APPENDIX W
SAMPLE POLICY PROHIBITING HARASSMENT

APPENDIX X
MODEL GRIEVANCE PROCEDURE

APPENDIX Y
CHECKLIST FOR INVESTIGATION OF MISCONDUCT

APPENDIX Z
CHECKLIST FOR REVIEWING TERMINATION DECISIONS

APPENDIX AA
SAMPLE EMPLOYEE EXIT AGREEMENT - CONFIDENTIAL INFORMATION

APPENDIX BB
SAMPLE EMPLOYMENT SEPARATION AGREEMENT (INCLUDING WAIVER OF AGE DISCRIMINATION CLAIMS)

APPENDIX CC
SAMPLE INITIAL COBRA NOTICE (TO BE SENT AS SOON AS COVERAGE BECOMES EFFECTIVE)

APPENDIX DD
SAMPLE COBRA NOTIFICATION OF RIGHT TO ELECT CONTINUATION OF BENEFITS UNDER COBRA

APPENDIX EE
INDEX OF PERSONNEL RECORDS RETENTION REQUIREMENTS

APPENDIX FF
LABOR RELATIONS

I. COVERAGE UNDER THE NATIONAL LABOR RELATIONS ACT

II. RIGHTS PROTECTED

III. EMPLOYER UNFAIR LABOR PRACTICES

IV. DETERMINATION OF SUPERVISORY STATUS

V. UNION UNFAIR LABOR PRACTICES

VI. THE ORGANIZING CAMPAIGN

VII. NO SOLICITATION - NO DISTRIBUTION RULES

A. Use of Employer's Office Systems for Organizing

B. Outside Solicitation

VIII. THE REQUEST FOR RECOGNITION

A. The Petition for Election and the Campaign

B. The Election Campaign

1. Employer Do's and Don'ts

2. Union Conduct

C. The Election

IX. PREPARING FOR NEGOTIATION AND NEGOTIATION WITH THE UNION

X. PROTECTED CONCERTED ACTIVITY IN THE NON-UNION CONTEXT

XI. CONCLUSION

APPENDIX GG
DRUG TESTING POLICES

APPENDIX HH
HEALTH INSURANCE PORTABILITY AND ACCOUNTABLITY ACT (HIPAA)

APPENDIX II
Model Domestic Violence Employee Awareness and Assistance Policy for Private Businesses

APPENDIX JJ
POLICY REGARDING OVERTIME AND OTHER PAYMENTS

APPENDIX KK
POLICY REGARDING OVERTIME AND OTHER PAYMENTS

APPENDIX LL
POLICY REGARDING OVERTIME AND OTHER PAYMENTS

APPENDIX MM
New York Sample Policy

Time to Express Milk

APPENDIX NN

Employee Protection (Whistleblower) Policy