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JEM

EMPLOYMENT LAW COMPLIANCE

A SUCCESSFUL EMPLOYMENT RELATIONSHIP DEPENDS ON MANY FACTORS.  ONE, OF COURSE, IS CLEAR COMMUNICATION THAT ENABLES EMPLOYEES TO UNDERSTAND A COMPANY'S POLICIES AND EXPECTATIONS, WHILE ALSO ALLOWING EMPLOYEES TO BE HEARD.  A SECOND IS KNOWLEDGE OF THE BASIC LAWS THAT GOVERN THE WORKPLACE, FROM WAGE AND HOUR REGULATIONS TO ANTI-DISCRIMINATION REQUIREMENTS.  ATTENTION TO BOTH FACTORS - ADEQUATE COMMUNICATION AND LEGAL COMPLIANCE - WILL HELP ENSURE A PRODUCTIVE WORKFORCE, AND HELP PREVENT UNWANTED LAWSUITS ON THE PART OF DISGRUNTLED EMPLOYEES.

FEDERAL AND STATE LAWS

JEM

THERE ARE MULTIPLE COMPLEX FEDERAL LAWS WHICH GOVERN THE WORKFORCE IN THE UNITED STATES.  AS AN EMPLOYER, YOU SHOULD BECOME FAMILIAR WITH THESE IMPORTANT FEDERAL AND STATE LAWS.  RELEVANT FEDERAL LAWS INCLUDE:

 

▪ TITLE VII OF THE CIVIL RIGHTS ACT

▪ AMERICANS WITH DISABILITIES ACT

▪ AGE DISCRIMINATION IN EMPLOYMENT ACT

▪ GENETIC INFORMATION NONDISCRIMINATION ACT

▪ EQUAL PAY ACT

▪ NATIONAL LABOR RELATIONS ACT

▪ FAMILY AND MEDICAL LEAVE ACT

▪ FAIR LABOR STANDARDS ACT: MINIMUM WAGE AND OVERTIME PAY

▪ AND MANY, MANY MORE

 

JVC CAN HELP YOU UNDERSTAND THESE LAWS AND HOW THEY APPLY TO YOUR BUSINESS.  OUR JEM, THE JEWELERS EMPLOYMENT MANUAL, IS WHERE YOU WILL FIND GUIDANCE FOR YOUR ROLE AS AN EMPLOYER IN THE JEWELRY INDUSTRY.  CLICK HERE FOR MORE INFORMATION ON JEM, OR SCROLL DOWN FOR SOME FREQUENTLY-ASKED QUESTIONS ABOUT EMPLOYMENT LAW.

 

THE COST OF THE KIT IS $100 FOR JVC MEMBERS AND $225 FOR NON-MEMBERS.
CALL US AT 212-997-2002 TO ORDER.  

Frequently Asked Questions

EMPLOYERS

NO PART OF THE INFORMATION IS INTENDED AS LEGAL ADVICE.

FREQUENTLY ASKED QUESTIONS FOR EMPLOYERS

Click each question to see the answer

I’M THE OWNER OF A JEWELRY STORE. IF MY EMPLOYEES HAVE QUESTIONS THEY CAN ASK ME. WHY DO I NEED AN EMPLOYEE HANDBOOK THAT STATES OUR POLICIES?

An employee handbook is an important communication tool.  It helps to insure that your company’s policies are uniformly understood by those who work for you.  The handbook also helps establish an evenhanded enforcement of policies, preventing claims of discriminatory treatment.  Last, a well thought out and comprehensive handbook will help defend an employment action should a disgruntled employee file a complaint.  A sample employee handbook is available in JVC’s jewelers employment manual (JEM).

 

I’M ABOUT TO HIRE A NEW SALESPERSON. DO I NEED A JOB DESCRIPTION FOR THE POSITION?

Yes.  A job description will help you stay focused on the job requirements, allowing you to review applicants with established criteria in mind.  The description will also help the new employee understand and fulfill the requirements of the job.  This is important, since he or she will be measured against these requirements in performance evaluations.  Read more about the hiring and evaluation process in JVC’s guidance for employers, included in JEM.

 

I KNOW THAT TO AVOID A DISCRIMINATION COMPLAINT BY A JOB APPLICANT I SHOULD BE CAREFUL ABOUT THE QUESTIONS I ASK DURING THE INTERVIEW. WHAT SUBJECTS SHOULD I AVOID?

First, all those involved in the hiring process should be trained in the equal opportunity employment laws, state and federal, that prohibit discrimination in all aspects of employment, including hiring.  As a general rule, be certain that your questions focus on the applicant’s ability to do the job and his or her competence for the position.  Exercise care regarding subjects that might be perceived as having a discriminatory intent, including appearance, personal life, ethnicity, disability, age, gender or criminal history.  Read more about equal opportunity laws and the hiring process in JVC’s guidance for employers, included in JEM.

 

WE BUY AND SELL PRECIOUS METALS AND STONES. BECAUSE WE’RE CONCERNED ABOUT SECURITY IN THE WORKPLACE WE RECENTLY INSTALLED A VIDEO SURVEILLANCE SYSTEM. DOES THIS RAISE ANY ISSUES?

Yes.  The need for workplace security must be balanced against an employee’s privacy interests.  The best way to address this is to communicate to employees that a video surveillance system is in place, and where.  This information should be contained in the employee handbook, and should also be prominently posted.  Additionally, employees should sign consent forms indicating that they are aware of the surveillance and have consented to it.  Last, respect privacy rights by not monitoring in very private places, such as restrooms.  Read more about workplace security in JVC’s guidance for employers.  Also find a sample consent to surveillance and search.  Both included in JEM.  

WE ARE JUST ABOUT TO OFFER A JOB TO A DESIGNER. OUR PLAN IS TO PRODUCE A NEW LINE OF JEWELRY BASED ON HER DESIGNS. HOW CAN WE MAKE SURE THAT OUR COMPANY OWNS THE RIGHTS TO ANYTHING THAT SHE DESIGNS DURING HER EMPLOYMENT WITH US?

You are right to address this now, at the time of hire.  The best way to protect your company’s rights to her creations while she works for you is to have her sign an intellectual property assignment agreement.  This type of agreement makes clear that whatever she creates during her employment is a “work for hire,” meaning that the company, and not the designer, owns the copyright to the work.  It also makes clear that the employee has assigned the copyright concerning the work to the company.  Find a sample non-disclosure, non-solicitation, non-competition and intellectual property assignment agreement in JEM.

ONE OF OUR SALESPEOPLE IS NOT WORKING OUT AND WE NEED TO LET HIM GO. WE DON’T HAVE AN EVALUATION PROCESS AND NEVER TOLD HIM THAT WE HAD ANY PROBLEMS WITH HIS PERFORMANCE. AND, BY THE WAY, HE JUST INFORMED US THAT HE HAS AN AGE-RELATED VISION PROBLEM, HAS TROUBLE READING HIS COMPUTER MONITOR, AND WILL NEED AN ACCOMMODATION. ANY ISSUES?

Yes.  A fair and consistent system for evaluating performance and imposing progressive discipline is the first step to preventing and defending employment related litigation.  Because you have no evaluation process, you have nothing in writing to support a termination decision.  This employee might bring an employment action against you, arguing that his termination was based not on performance, but on his age, vision problem and request for an accommodation.  Defending this action will be very difficult without a written evaluation record.  Read more about evaluations and terminations in JVC’s guidance for employers.  Also find a sample severance agreement and release in JEM.  Both included in JEM.  

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