| 1 | Affirmative Action: Overview A Note outlining the federal affirmative action laws pertaining to federal contractors and subcontractors: Executive Order No. 11246; Section 503 of the Rehabilitation Act of 1973; and the Vietnam Era Veterans' Readjustment Act of 1974. The three laws ensure that federal contractors and subcontractors recruit and advance in employment qualified minorities, women, persons with disabilities, and covered veterans. The Note does not address relevant state or local law. State and local statutes and regulations may impose additional requirements on employers that contract with, or receive funding from, states and local governments. However, the information contained in this resource will be useful and relevant to employers in every state. | Practice note: overview | Maintained |
| 2 | Business Immigration Sponsorship: Overview This Note presents business immigration fundamentals from an employer's perspective. It provides information on how employers can identify workers who need sponsorship, the basic processes required to sponsor foreign workers for immigration benefits and what employers should consider when planning to meet short- and long-term immigration goals for specific workers. | Practice note: overview | Maintained |
| 3 | Business immigration: overview This note introduces some of the most relevant concepts of business immigration law, such as business visitors, who can work in the UK without permission, the offence of illegal working and the points-based system (PBS). | Practice note: overview | Maintained |
| 4 | Employee Benefits Law: Overview This Note provides an overview of the key issues and laws that apply to employee benefit plans, including the Internal Revenue Code (IRC) and the Employee Retirement Income Security Act of 1974 (ERISA). It explains the types of employee benefits that employers can provide, how and when the IRC and ERISA apply and addresses other federal laws that apply to employee benefits. | Practice note: overview | Maintained |
| 5 | Employee Handbook Toolkit Resources to help employers create, maintain and distribute employee handbooks. | Practice note: overview | Maintained |
| 6 | Employee Hiring and Orientation Toolkit Resources to assist an employer in recruiting, interviewing and hiring employees. | Practice note: overview | Maintained |
| 7 | Employer Access to Social Media Accounts State Laws ... A Chart describing state legislation prohibiting private employers from asking employees and job applicants to provide access to their social media accounts and reveal usernames and passwords, with certain exceptions. | Practice note: overview | 03-Jun-2013 |
| 8 | Hiring and Employing Foreign Nationals in the US: Overview This Note addresses immigration concepts for the employment of foreign nationals in the US. The Note provides information on the US immigration system and an overview of nonimmigrant and immigrant visa classifications that may be used by employers. | Practice note: overview | Maintained |
| 9 | Human Resources Audit Toolkit Resources to assist an employer in conducting an audit of an employer's human resources practices. | Practice note: overview | Maintained |
| 10 | Immigration Compliance Toolkit Resources to help employers comply with legal requirements of employment eligibility verification and other immigration-related obligations. | Practice note: overview | Maintained |
| 11 | Joint Employment: Overview This Note provides an overview of joint employer relationships. It discusses the tests applied to determine whether a joint employer relationship exists under the National Labor Relations Act (NLRA), the Fair Labor Standards Act (FLSA), Title VII of the Civil Rights Act of 1964 (Title VII) and the Family and Medical Leave Act (FMLA). It also discusses the risks of being a joint employer and related best practices. It addresses federal law, but will be useful to employers in all states. | Practice note: overview | Maintained |
| 12 | Prevention of illegal working and establishing the right to work ... A note on what an employer needs to do to prevent illegal working within its organisation and the steps it needs to take to ensure that its employees have the right to work in the UK. The note also outlines what sanctions an employer may face under the Immigration, Asylum and Nationality Act 2006, which came into force on 29 February 2008. For information on the rules that apply to those individuals employed before 29 February 2008, see Practice note, Establishing the right to work in the UK (prior to 29 Februrary 2008). | Practice note: overview | Maintained |
| 13 | Recruitment A note considering the legal risks in the recruitment process and the steps an employer should take to avoid them. | Practice note: overview | Maintained |
| 14 | Recruitment: toolkit A toolkit to direct users to PLC Employment materials on the legal and practical issues relevant to the recruitment process. These include identifying and advertising vacancies, shortlisting and interviewing, and making conditional offers of employment. | Practice note: overview | Maintained |
| 15 | Section 409A: Deferred Compensation Tax Rules: Overview This Note provides an overview of Section 409A of the Internal Revenue Code which regulates the taxation of nonqualified deferred compensation plans. In addition to setting out Section 409A's basic requirements, this Note addresses various exemptions from Section 409A, including the short-term deferral exception and the severance pay exception. Other topics include: cross-border application of Section 409A, application to equity compensation awards, employer reporting and withholding requirements, penalties for noncompliance and methods of correcting Section 409A violations. | Practice note: overview | Maintained |
| 16 | State E-Verify Employment Eligibility Verification Laws ... A Chart listing the states with employment eligibility verification and immigration enforcement laws. This Chart is limited to states that have passed laws requiring all or some employers, private or public, to conduct verification of newly hired employees. It outlines which states require each type of employer to conduct verification and whether the state requires use of E-Verify or allows for an alternative form of verification. | Practice note: overview | 31-Oct-2012 |
| 17 | State Law Issues Toolkit Resources providing overviews of state law on a variety of legal issues at a glance. | Practice note: overview | Maintained |
| 18 | State Right-to-work Laws: Overview A Chart listing the states with right-to-work laws. Right-to-work laws generally limit an employer and union's ability to negotiate for union security clauses in collective bargaining agreements (CBA) that require union membership or union dues or fees payments as a condition of maintaining employment. This Chart lists the states with right-to-work provisions in their constitutions and right-to-work statutes. This chart covers private employers outside of the railroad or airline industries. | Practice note: overview | 31-Jan-2013 |
| 19 | Title I of the Employee Retirement Income Security Act (ERISA ... This Note provides a very general overview of how and to what extent Title I of the Employee Retirement Income Security Act of 1974 (ERISA) applies to certain employee benefit plans sponsored by private sector employers. It introduces several key concepts such as fiduciary duties, preemption and prohibited transactions. This Note also examines elements of ERISA's enforcement structure, including civil actions and penalties assessable by the Department of Labor. | Practice note: overview | Maintained |
| 20 | Applying Section 409A to Severance Benefits This Note explains the application of Internal Revenue Code Section 409A, relating to nonqualified deferred compensation plans, to various types of severance benefits. While some severance payments may be exempt from Section 409A because they qualify as short-term deferrals or fall under another exception explained in the Note, Section 409A needs to be considered and addressed whenever severance is being offered to ensure that it is structured in a manner that does not violate Section 409A. | Practice notes | Maintained |
| 21 | Appointing school teachers and support staff This note sets out the procedures and law governing the appointment of staff working in maintained schools in England and Wales. | Practice notes | Maintained |
| 22 | Background Checks and References A Note addressing background checks and obtaining references on applicants for employment or current employees, including the Fair Credit Reporting Act (FCRA) and the use of third-party providers, FCRA violations, and best practices and legal rights for employers. For information on state law, see the State Q&A Tool under Related Content to the right. | Practice notes | Maintained |
| 23 | Carrying out criminal records checks A note on the current law and best practice for employers seeking to check the criminal records of prospective and current employees, as well as those of other workers and volunteers. It considers the questions that employers can ask, taking account of the regime of spent and unspent convictions under the Rehabilitation of Offenders Act 1974 and Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (SI 1975/1023). The note also considers the circumstances in which checks through the Disclosure and Barring Service (DBS) (formed when the Criminal Records Bureau (CRB) and Independent Safeguarding Authority (ISA) merged on 1 December 2012) are available. It takes account of the reform of the regime made by the Protection of Freedoms Act 2012. | Practice notes | Maintained |
| 24 | DBS checks and the children's barred list: a quick guide for ... A quick guide for local authorities and schools on the Safeguarding Vulnerable Groups Act 2006. | Practice notes | Maintained |
| 25 | Demonstrating the Right to Work in the United States A Note discussing employers' legal obligations under IRCA to document employees' eligibility to work in the US and prohibitions against hiring, recruiting or referring (for a fee) employees who are not authorized to work in the US. The note highlights best practices for Form I-9 processing and addresses how employers can handle Social Security no-match letters and increased immigration enforcement. | Practice notes | Maintained |
| 26 | Drafting an Employment Eligibility Verification Compliance ... This Note describes provisions employers should consider in drafting an employment eligibility verification compliance policy. It covers the primary topic areas employers should think about before finalizing a policy, including how to complete and maintain Forms I-9, E-Verify, Social Security no-match and immigration sponsorship. | Practice notes | Maintained |
| 27 | E-Verify for Employers: Best Practices A Note discussing employer enrollment and participation in E-Verify as part of the IRCA I-9 employment eligibility verification process. This Note also provides best practices for employers considering E-Verify participation. This Note addresses federal law. | Practice notes | Maintained |
| 28 | Employee Handbooks: Best Practices This Note describes best practices for creating, distributing and maintaining an employee handbook. It discusses key reasons to create a handbook, drafting guidelines, considerations for employers that are creating a handbook from existing policies, tips for organizing a handbook, compliance with the National Labor Relations Act (NLRA), distributing a handbook, employee acknowledgments and maintaining a handbook. This Note addresses federal law. For information on state law requirements, see the State Q&A Tools under Related Content to the right. | Practice notes | Maintained |
| 29 | Employer Obligations under State Immigration Laws in the US A Note describing employer obligations under state immigration laws in the US. This Note outlines the basic parameters developed in state immigration laws and the steps employers should take to comply with these laws. | Practice notes | Maintained |
| 30 | Employment of children This practice note covers the main provisions governing the employment of children and the powers that local authorities have to regulate that employment. | Practice notes | Maintained |
| 31 | Establishing the right to work in the UK (prior to 29 February ... A practice note on the question of whether an overseas national employed prior to 29 February 2008 has the right to work in the UK under the Asylum and Immigration Act 1996. For information on the rules that apply to those employed on or after that date, see Practice note, Prevention of illegal working and establishing the right to work in the UK. | Practice notes | 28-Feb-2008 |
| 32 | Negligent Hiring, Retention and Supervision A Note summarizing the elements of negligent hiring, retention and supervision claims, which are governed by state law. This Note also covers the potential defenses and suggests steps a private employer can take to minimize liability. For more information on state law regarding negligent hiring, retention and supervision, see the State Q&A Tool under Related Content to the right. | Practice notes | Maintained |
| 33 | Non-compete Agreements with Employees This Note provides an overview of non-compete agreements between employers and employees. Non-compete agreements are largely dependent on state law. This Note contains information that is general and not jurisdiction-specific. For information on state law requirements, see the State Q&A Tools under Related Content to the right. | Practice notes | Maintained |
| 34 | Obtaining a medical report on an employee This practice note considers the circumstances in which an employer might need to obtain a medical report on employees or workers and the steps that an employer must take when requesting a medical report (whether from a general practitioner, a specialist consultant, a company doctor or an occupational health specialist). It considers the impact of the Access to Medical Reports Act 1988, the Data Protection Act 1988 and the use of medical reports in tribunal proceedings. | Practice notes | Maintained |
| 35 | Protection of Employers' Trade Secrets and Confidential ... This Note describes trade secrets and confidential information protections available to employers. It examines trade secret definitions and legal recourse, including misappropriation, tortious interference and breach of duty of loyalty and/or fiduciary duty claims. It also explores relevant restrictive covenants and best practices. This Note provides a general overview of federal law in this area. For information on state law, see the State Law Q&A Tools under Related Content to the right. | Practice notes | Maintained |
| 36 | Protection of Freedoms Act 2012: public sector implications A note on the Protection of Freedoms Bill which received Royal Assent on 1 May 2012 to become the Protection of Freedoms Act 2012. | Practice notes | Maintained |
| 37 | Recruiting and Interviewing: Minimizing Legal Risk A Note describing legal risks in recruiting and interviewing and how to minimize them. This Note addresses federal law and jurisdiction-neutral considerations. For information on state law requirements, see the State Q&A Tools under Related Content to the right. | Practice notes | Maintained |
| 38 | References A note outlining the legal issues facing employers when considering whether to provide a reference for an employee or ex-employee or to request a reference for a prospective employee. | Practice notes | Maintained |
| 39 | Safeguarding Vulnerable Groups Act 2006 This note highlights the key provisions of the Safeguarding Vulnerable Groups Act 2006 (as amended by the Protection of Freedoms Act 2012) and their effect on employers and other organisations that involve their employees, workers or volunteers in regulated activity with children or vulnerable adults. In particular, the note considers the definitions of regulated activity and the requirements placed on both regulated activity providers (RAPs) and personnel suppliers, including that of providing prescribed information to the Disclosure and Barring Service (DBS). The DBS was formed on 1 December 2012 on the merger of the Criminal Records Bureau (CRB) and the Independent Safeguarding Authority (ISA). Criminal offences that may be committed by RAPs and personnel suppliers who fail to observe their obligations are also considered. | Practice notes | Maintained |
| 40 | The H-1B Nonimmigrant Visa Classification A Note about the H-1B nonimmigrant visa classification, used by employers to sponsor foreign nationals to work in the US. This Note describes how a foreign worker can qualify for H-1B classification, how an employer obtains a Labor Condition Application (LCA), the H-1B petition process and how the foreign worker acquires lawful H-1B status. | Practice notes | Maintained |
| 41 | The Trade NAFTA (TN) Nonimmigrant Visa Classification A Note about the Trade NAFTA (TN) nonimmigrant visa classification, used by employers to sponsor foreign nationals who are citizens of Canada or Mexico to work in the US. This Note describes how a foreign worker can qualify for the TN classification, the TN petition process and how the foreign worker acquires lawful TN status. | Practice notes | Maintained |
| 42 | US Immigration Sponsorship and Third-party Worksites A Practice Note describing the issues in third-party worksite placement for H-1B or L-1B workers. This Note provides tips for employers and presents the legal requirements for employers to sponsor H-1B or L-1B workers that will work at third-party worksites. | Practice notes | Maintained |