The Employment Cycle and Applicable Laws, Regulations
and Concerns
I. ADVERTISING
A. EEOC Guidance
on Job Advertising and Pre-Employment Inquiries Under the Age Discrimination
in Employment Act ("ADEA") (pdf format)
II. INTERVIEWING
A. EEOC
Enforcement Guidance on Disability-Related Inquiries and Medical Examinations
of Employees under the Americans with Disabilities Act (ADA) -
B.
EEOC Guidance on Job Advertising and Pre-Employment Inquiries Under the
Age Discrimination in Employment Act ("ADEA") (pdf format)
C. EEOC
Uniform Guidelines on Employee Selection Procedures
III. HIRING
A. Immigration Issues
1. Instructions for
Completing Form I-9 (required for all employees)-
2. Form I-9
(pdf format)
B. Background Checks
1. Fair Credit Reporting
C. EEOC Enforcement Guidance
on Disability-Related Inquiries and Medical Examinations of Employees
under the Americans with Disabilities Act (ADA)
1. Questions and Answers: Enforcement
Guidance on Disability-Related Inquiries and Medical Examinations of Employees
under the Americans with Disabilities Act (ADA)
D. Hiring Teenage Workers
1. Federal
Child Labor Regulations
2. Arizona Child Labor Statute
(A.R.S. Section 23-230 et. seq)
IV. WORKPLACE MATTERS
A. Required Postings
1. United
States Department of Labor postings
2. EEOC
- not available on line but can be obtained by calling (800) 669-3362.
3. Arizona
- (.pdf on postings required by Arizona Businesses and how to obtain
them)
B. Safety
1. OSHA Statute
2. OSHA
Regulations
V. EMPLOYMENT RELATIONSHIP ISSUES
A. Family and Medical Leave Act
1. Statute
2. Regulations
3. Certification
of Health Care Provider Form
4. EEOC
Facts About the FMLA, the ADA and Title VII
5. Materials
by Mary Bruno (pdf format) - available if pay subscription fee
B. Wage/Hour/Compensation
1. Fair Labor Standards Act
2. Regulations
for FLSA
3. Arizona's
Wage Payment Statute
4. Payment
of wages of discharged employee under Arizona law
5. Withholding an employee's
wages under Arizona law
D. Discrimination
1. Applicable
Laws
a.
Title
VII -- Applies only if employer has 15 or more employees for each
working day in each of twenty or more calendar weeks in the current
or preceding calendar year -
b.
Arizona Civil Right Act
(A.R.S. Sections 41-1401 - 41-1484)
2. EEOC regulations
3. EEOC
Guidance
a.
EEOC Enforcement
Guidance: Reasonable Accommodation and Undue Hardship Under the Americans
with Disabilities Act
b.
EEOC Guidance: Small Employers
and Reasonable Accommodation
E. Drug Testing
1. Arizona
statute
a.
Definitions
b.
Collection of samples
c.
Scheduling of tests
d.
Testing procedures
e.
Testing policy requirements
f.
Disciplinary procedures
g.
Employer protection from
litigation
h.
Causes of action based
on test results
i.
Limits to causes of action
j.
Confidentiality of results;
access to records
k
Construction; collective
bargaining
l.
Effect of mandatory testing
obligations
2. Drug Free Workplace Act
F. Labor/Management Relations
1. Applicable
Laws
G. Domestic Violence
VI. TERMINATION
A. Arizona's Employment Protection
Act
B. Arizona's Constructive Discharge
Statute
C. Termination
Checklist (.pdf format)
D. WARN Obligations
1. WARN statute
2. WARN regulations
3. Materials
by John Lomax
E. Severance Agreements
1. Requirements
for Severance Agreements for Employees 40 years of age and older
a.
Older Workers Benefit Protection
Act
b.
Regulations -
F. Payment of Wages
1. Timing of payment of final
wages owed under Arizona law
G. Continuation
of Health Benefits under COBRA
1. Health Benefits under the Consolidated
Omnibus Budget Reconciliation Act ("COBRA") issued by the U.S. Department
of Labor Pension and Welfare Benefits Administration (.pdf format)
Please contact one of GT's Employment
and Labor attorneys with any further questions or concerns. We would
be happy to assist you.
| 
