2014 – transit potpourri
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2014 – TRANSIT POTPOURRI
By: Jill E. Nagy, EsquireSummers Nagy Law Offices, Inc.
BACKGROUND CHECKS:NEW REGULATIONS
Title VII now prohibits an employer from treating people with similar criminal backgrounds differently because of a protected characteristic (race, age, etc.)
You may not use a process designed to screen individuals based upon criminal history that disparately impacts a particular group.
If you use a consumer reporting agency, you must follow Fair Credit Reporting Requirements: You must get permission prior to asking the agency for
a report You must give a copy of the report and summary of
rights before taking negative employment action You must send certain notices if you decide not to hire
or promote a person based upon the information in the report
NEW HIRES New EEO Guidance Requires an Individualized Assessment. Policy is now a MUST. Green Factors:
Severity of the Offense The time since conviction or sentence served Nature of the job at issue In some instances, for example day care centers, an applicant
may be immediately rejected if there is a past criminal conviction for child molestation.
Conviction – not arrest- is the key.
EXISTING EMPLOYEES: WHAT ABOUT THEIR
ARRESTS? EEOC Has not provided Guidance on this topic A Policy is a Must You should use the Green Factors What about union situations?
Unions typically like “zero tolerance policies” with clear lines of consideration
NLRB has provided guidance that they generally do not favor individual assessments
SO NOW WHAT? Know and understand why you are doing
background checks Develop a policy that includes business
necessity and what you are looking for Be clear that lying about a criminal
background may automatically void an application
EEO Guidance confirms that an “arrest” alone may not trigger any negative employment action
A conviction may be considered
RIGHT-TO-KNOW LAWWHERE ARE WE NOW???
RIGHT TO KNOW LAW: THE BASICS Right-to-Know Law mandates policies and
procedures for providing certain records upon request
You must have a written policy to process requests, document retention and destruction
You must appoint a Right-to-Know Officer
RIGHT-TO-KNOW LAW: HIDDEN GEMS Don’t forget the provisions for advising third parties
when you receive a request for Proprietary Information or Trade Secrets. Section
Do not forget to seek additional time if necessary under the 30 day provision – IN WRITING
Make sure you have a right to know policy and record retention policy
The Act involves “Public Records” be conscious of what that may mean
Deliberation Documents and Meeting Minutes should be handled carefully.
How do you treat board members and employees who want documents?
RIGHT-TO-KNOW LAW: HOT LITIGATION TOPICS
Time of Processing RequestsExceptionsWage and Financial InformationBid RequestsVideosEMAILS, EMAILS, EMAILS
RIGHT-TO-KNOW LAW: EMPLOYEE FILES
W-2 Exempt based upon the Tax Code Investigation Reports In the case of appeal, Employees have an
opportunity to participate Disciplinary Notes? General Financial Information What about the results of a criminal
background check?
RIGHT-TO-KNOW LAW: ACCIDENT INFORMATION
Do not provide documents or videos. Please make sure you are adhering to the purpose and intent of the Law
How can you deny? Noncriminal Investigation File – 710(17) Insurance Adjuster Information – Remember any
communication between an agency and ints insurance carrier is exempt. 710(27)
Settlement Agreements – If they are Court Approved. 710(17)
Informational only: Certain aspects of criminal investigations 911 Calls
RIGHT-TO-KNOW LAW: PUBLIC RECORDS?
Route studies?A supervisor’s notes?Emails?Recordings of meetings?
SPECIAL BOARD ISSUESWHAT DOES YOUR BOARD NEED TO
KNOW?
SUNSHINE ACT: SIMPLE? Remember decisions must be made at public
meetings Executive sessions are for limited purposes. Executive sessions must be announced and reason
stated Who may speak at meetings? Do you have a meeting policy?
Who may speak? Public comment regulations? How large is your room? What about emails among board members?
BOARD DUTIES There is no set of standards for how a Board
should act with regard to performing its duties, but the following should be observed to protect against individual liability: Fiduciary duty Diligence Loyalty Can a Board Member be removed?
3 consecutive absences Forced removal? Other governmental entities – Any recourse?
BOARD POLICIESSunshine Law PolicyBill Payment/Check WritingManagement Agreements?Do you contract any form of operations? Recordkeeping, HR or any type of service Audio or Video tapes of meetings
Do you record for taking minutes?Do you allow others to record your meetings?Media Policies –Who may speak for the
Authority?
ETHICS ACTGifts from persons?
Cannot seek or accept improper infuluence Cannot accept as honorarium
Ethics Forms?Who maintains themAre there auditsConflicts of Interest – Financial ConflictsReceipt of pecuniary benefits
More than 500 – spouse or child OR spouse or childs’ business
Be sure to file a Financial Interest Statement Voting in Conflict – Requires written
statement
EMPLOYMENT POLICIES 101
JILL E. NAGY, ESQUIRESUMMERS NAGY LAW OFFICES
POLICIES V. PROCEDURES
Policies and Procedures should reflect your unique workforce needs
Policies“Rules” for the workplaceNOT an employment contractEstablish expectations
ProceduresGuidelines for implementation of policiesPromote consistency
Support policies
WHEN ARE POLICIES DISTRIBUTED? Upon hire, employees should obtain a copy of
all pertinent rules/handbook As updates occur, they should be distributed
in writing You should periodically redistribute policies Consider posting policy on internet/web site Each time policies are distributed, you should
note the date of distribution and obtain additional “Sign-Offs”
CAN I CHANGE/UPDATE POLICIES? Yes. Policies are a balance between
consistency and workforce needs As your scope of work and workforce
make-up changes, your policies should reflect those conditions
BE CLEAR WHEN A POLICY OR RULE SUPERCEDES AN EXISTING RULE
DATE POLICIES/HANDBOOK
WORK ENVIRONMENT
•EEO•Sexual Harassment•Privacy•Substance Abuse•Smoking
CODE OF CONDUCT
•Moonlighting•Computer Usage•General Behavior•Workplace Violence•Dating•Probation Period•Dress Code
IMPORTANT TOPICS
WORKDAY RULES
•Hours•Attendance•Meal and rest•Smoking•Dress Code•Misconduct•Personal use of Company Property•Soliciting
TIME OFF•Holidays•Vacation•Sick Leave•Personal Days•FML•Death in Family•Military Leave•Jury Duty•Voting•Religious Observance
IMPORTANT TOPICS (CONT.)
ADMINISTRATIVE POLICIESConfidential Information
Personal telephone calls
E-mail and internet usage
Travel, meals, and entertainment
Expense reimbursement
Company credit cards
Overtime
Hiring Job Descriptions Interviewing
protocol Background checks Job Postings Personnel Records Promotions and
transfers
Medical Examinations
Calculating Seniority
Vacation bidding Worker’s
Compensation and accident investigation
VITAL PROCEDURES
FATIGUE / HOURS OF SERVICEHow are you progressing with your
moonlighting policy?Are you keeping track of hours?What about your accident reports? What is your game plan if a driver says they
worked an excess of hours?What is your game plan if a driver says they
are fatigued?Have you done your training?
MANDATORY POLICIESFamily Medical Leave – depending on
number of employeesDiscrimination/HarassmentCell Phone Usage
Include in a policy of this nature WHO will pay fines and/or penalties
Substance Abuse Second Change? Zero Tolerance?
HIPAA
CONTACT INFORMATION Jill E. Nagy, Esquire
Address: 200 Spring Ridge Drive, Suite 202
Wyomissing, PA 19610 Phone: (610) 939-9866 Website: www.summersnagy.com
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