Transcript 2014 – Transit Potpourri

2014 – TRANSIT POTPOURRI
By: Jill E. Nagy, Esquire
Summers 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
 The
of the Offense
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 LAW
WHERE 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 Requests
 Exceptions
 Wage and Financial Information
 Bid Requests
 Videos
 EMAILS, 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
 911
aspects of criminal investigations
Calls
RIGHT-TO-KNOW LAW: PUBLIC RECORDS?
 Route
A
studies?
supervisor’s notes?
 Emails?
 Recordings
of meetings?
SPECIAL BOARD ISSUES
WHAT 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
3
a Board Member be removed?
consecutive absences
 Forced
 Other
removal?
governmental entities – Any recourse?
BOARD POLICIES
 Sunshine
 Bill
Law Policy
Payment/Check Writing
 Management
 Do
Agreements?
you contract any form of operations?
 Recordkeeping,
 Audio
HR or any type of service
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 ACT
 Gifts
from persons?
 Cannot
seek or accept improper infuluence
Cannot
 Ethics
 Who
 Are
accept as honorarium
Forms?
maintains them
there audits
 Conflicts
 Receipt
of Interest – Financial Conflicts
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, ESQUIRE
SUMMERS NAGY LAW OFFICES
POLICIES V. PROCEDURES
Policies
NOT an employment
contract
Guidelines for
implementation of
policies
Promote consistency
Establish expectations
Support policies
“Rules” for the workplace

Procedures
Policies and Procedures should reflect your unique
workforce needs
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

IMPORTANT TOPICS
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 (CONT.)
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
ADMINISTRATIVE POLICIES
Confidential Information
Personal telephone calls
E-mail and internet usage
Travel, meals, and entertainment
Expense reimbursement
Company credit cards
Overtime
VITAL PROCEDURES
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

FATIGUE / HOURS
OF SERVICE
 How
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 POLICIES
 Family
Medical Leave – depending on
number of employees
 Discrimination/Harassment
 Cell Phone Usage
 Include
in a policy of this nature WHO will pay fines
and/or penalties
 Substance
 Second
Abuse
Change?
 Zero Tolerance?
 HIPAA
CONTACT INFORMATION

Jill E. Nagy, Esquire

Address: 200 Spring Ridge Drive, Suite 202
Wyomissing, PA 19610

Phone:

Website: www.summersnagy.com
(610) 939-9866