2014 – Transit Potpourri

1. 2014 – Transit Potpourri By: Jill E. Nagy, Esquire Summers Nagy Law Offices, Inc.

2. Background Checks:New Regulations

3. 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

4. New Hires • New EEO Guidance Requires an Individualized Assessment. • Policy is now a MUST. • Green Factors: • Severity of the Offense • The 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.

5. 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

6. 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

7. Right-to-Know Law Where are we now???

8. 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

9. 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?

10. Right-to-Know Law: Hot Litigation Topics • Time of Processing Requests • Exceptions • Wage and Financial Information • Bid Requests • Videos • EMAILS, EMAILS, EMAILS

11. 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?

12. 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 aspects of criminal investigations • 911 Calls

13. Right-to-Know Law: Public Records? • Route studies? • A supervisor’s notes? • Emails? • Recordings of meetings?

14. Special Board Issues What does your Board need to Know?

15. 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?

16. 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 a Board Member be removed? • 3 consecutive absences • Forced removal? • Other governmental entities – Any recourse?

17. Board Policies • Sunshine Law Policy • Bill Payment/Check Writing • Management Agreements? • Do you contract any form of operations? • Recordkeeping, HR or any type of service • Audio 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?

18. Ethics Act • Gifts from persons? • Cannot seek or accept improper infuluence • Cannot accept as honorarium • Ethics Forms? • Who maintains them • Are there audits • Conflicts of Interest – Financial Conflicts • Receipt of pecuniary benefits

19. 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

20. Employment Policies 101 Jill E. Nagy, Esquire Summers Nagy Law Offices

21. Policies v. Procedures • Policies and Procedures should reflect your unique workforce needs

22. 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”

23. 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

24. Important Topics

25. Important Topics (Cont.)

26. Administrative Policies

27. Vital Procedures • Medical Examinations • Calculating Seniority • Vacation bidding • Worker’s Compensation and accident investigation • Hiring • Job Descriptions • Interviewing protocol • Background checks • Job Postings • Personnel Records • Promotions and transfers

28. 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?

29. 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 Abuse • Second Change? • Zero Tolerance? • HIPAA

30. Contact Information • Jill E. Nagy, Esquire • Address: 200 Spring Ridge Drive, Suite 202 Wyomissing, PA 19610 • Phone: (610) 939-9866 • Website: www.summersnagy.com