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