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Hiring as Co-Employers: Integrity Counts

CLIENT ALERT - Regulation Round-Up, Part 2

Legal E is committed to exercising the highest degree of lawful and responsible methods during the candidate hiring process. Our process is designed to enhance mutually beneficial partnerships with our clients that include maintaining fully compliant practices and systems to substantiate co-employment safeguards. Legal E's rigorous due diligence and vetting of all candidates ensures proper and legally-sound measures throughout the application, onboarding, and termination processes. These measures demonstrate our commitment to strict guidelines and integrity and instill the highest degree of confidence and assurance in our valued clientele.

The following list provides a synopsis of what every firm needs to be looking out for and adhering to. Legal E always strives to protect its clients from unnecessary liabilities. We are your trusted partner for innovative staffing solutions and regulatory compliance.

1. "Ban the Box"

To comply with the Fair Criminal Record Screening Act of 2014, also known as, "Ban the Box," Legal E has removed any inquiries concerning an applicant's criminal history from its job applications and proactively provides background disclosure statements and copies of FCRA Summary of Rights prior to the interview as legally required. We also exclude any discussions regarding past criminal activity during the initial interview phase and only conduct a criminal background check after extending a conditional offer of temporary employment and receiving written authorization from the candidate.

In order to ensure that hiring guidelines related to the employment of individuals with criminal records are consistent with federal, state, and local laws, Legal E encourages its clients to maintain and provide updated and detailed job descriptions which allows for properly conducted, individualized assessments of candidates when necessary. As a standard practice, Legal E adheres to all state and local requirements at the outset of each engagement, during our background check process, and when considering or taking adverse actions against applicants or employees based on criminal history. All members of the Legal E staff have been trained on the appropriate procedures regarding criminal history as it pertains to hiring and separation.

2. Safe and Sick Leave Act

To address DC's Accrued Safe and Sick Leave Act of 2008, all temporary employees on Legal E's payroll are informed of their accrual of SSLA leave (which was retroactive to February 22, 2014 per the required legislation). As the statute dictates, proper notices and posters regarding employee rights are visibly present in all candidate interviewing areas.

3. Wage Theft Prevention

Legal E fully implemented measures to comply with DC's Amended Wage Theft Prevention Act which includes written notices to all current and newly-hired employees, as required at the time of interview and employment. All written notices reflecting the interview process and each assignment are captured and stored electronically for easy accessibility to ensure full compliance.

Also in keeping with the Wage Theft Prevention legislation, Legal E addresses "precise time worked" by utilizing a payroll processing system which delivers all fractions of time and payments and reflects actual hours worked accurately to the minute. No longer are the days when employees are paid on rounded up or down minutes within quarter fractions.

4. Transit Benefits

Legal E offers a Transit and Parking pre-tax benefit to ALL of its employees -- not just DC employees as mandated by recent legislation. With a conditional offer of employment, candidates receive pre-tax benefit information found in the Legal E Handbook, and also receive a reminder email following written employment confirmation. Participating employees have easy access to pre-tax benefit forms listed on Legal E's website. This regulation was passed approximately three years prior to take effect January 1, 2016, and is expected to be strictly enforced with all DC employers by April 1, 2016.

TAKEAWAYS:

Legal E shares growing concerns with its co-employer clients as we have observed the vast majority of temporary employee candidates, including contract attorneys, have never been presented with or even seen a Wage Act Form in the past year. This is just one (out of many) examples of non-compliance that we see almost daily.

To address any uncertainties and/or needs for procedural models, clients are welcome to visit our Legal E offices to review our most recent policy manuals, meticulous application and onboarding processes and proactive implementation related to new and existing regulations.

We are exceptionally proud of our successful, legally-sound practices that ensure process integrity and offer the highest degree of protection for both our organization and yours. Serving as a trusted employment partner, Legal E will continue to maintain rigorous safeguards designed to enrich our value-added partnerships and provide regular updates concerning evolving legislation.