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| Employees and employment in the USA. |
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| Employment and employees
From a UK perspective, the upside of hiring staff in the US comes when you want to terminate employment. You can pretty much say, "I don't need/want/like you any more, so here is two weeks money." The downside is the first you may know about an employee having moved to another job is when they don't turn up for work.
Something to get in perspective is how good Americans are at applying for jobs. Compared with UK job-hunters, they can be FANTASTIC! They can produce CVs that have to be seen to be believed. They are GREAT at being interviewed. They are positive and promise more than you could ask. And they are really good negotiators. And do not believe they are going to work for you until they turn up for work - if a better offer comes along...
When calculating the cost of an employee, don't forget to include recruitment, holding interviews (maybe twice), overheads and benefits, cover for sickness, vacations and compassionate leave - and replacement costs.
Of course, if you outsource to ExportAction you may not have to worry about employees and employment law. And take a look at the page on salary comparisons.
Employment in the US is regulated by federal, state and local authorities. Discrimination laws are based on age, sex, race, color, national origin, religion, disability and other protected characteristics.
Take note of:
Title VII of the Civil Rights Act,
The Age Discrimination in Employment Act,
The Americans with Disabilities Act,
The Civil Rights Act,
The Family and Medical Leave Act,
The Health Maintenance Organization Act,
The Equal Pay Act,
Minimum Wage Requirements,
Overtime Requirements,
Child Labor restrictions
and the National Labor Relations Act.
Take account of notice posting requirements, job applications and interview processes, processing of new hires, personnel files, employee policies and handbooks (clients of ExportAction have access to our own Employee Handbook), hazard communication, smoking regulations, record-keeping, employee conduct and progressive discipline, state employee benefit and insurance requirements.
When interviewing a candidate for a job, do not ask:
How old are you? It is against the Age Discrimination Employment Act (ADEA).
Are
you a US citizen? It is against the Immigration Reform and Control Act
(IRCA), but you can - and should - ask if the applicant is authorized to
work in the US. After a person is employed you will have to complete an
employment eligibility verification (I-9) document.
Are you married? The purpose of this question could be misconstrued.
Are you expecting a baby?
Do
you have any disabilities? It is against the American with Disabilities
Act of 1990. You can describe job responsibilities and ask if the
candidate is able to perform them. You must accommodate a person’s
disabilities unless you can prove it would be too costly for you.
Are
you healthy? You cannot even ask about substance abuse, smoking,
drinking alcohol... but you can include prohibitions in your employee
handbook.
What religion are you? You can, however, describe a
schedule of work indicating your business is open on holy days and
inquire if the candidate is able to work throughout.
What race
are you? Title VII of the Civil Rights Act of 1964 prohibits any
discrimination based on race, color, religion, sex, or national origin.
What
country are you from? Title VII of the Civil Rights Act of 1964
prohibits any discrimination based on race, color, religion, sex, or
national origin.
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