This section of you NBA Compliance Handbook is designed to present you with compliance information of significance on employment-related operational issues.
This section contains articles discussing the applicability of several relevant federal, state and local employment laws, and posting requirements, dependent on the number of employees in the bank. Other separate articles address issues presented by the Americans with Disabilities Act (ADA). Bankers should be aware of their responsibilities as defined “public accommodations” under the ADA, and depending upon the number of employees of the bank, their responsibilities as employers. Additionally, several articles address the Family and Medical Leave Act which applies to employers having 50 or more employees. Although this federal employer mandate does not apply to the majority of banks in Nebraska, it is a topic of concern to those employers attempting to implement its provisions. In addition, larger commercial customers may be subject to the law and therefore, familiarity with its general requirements is essential reading for all lenders. Sexual and other unlawful harassment in the workplace issues continue to generate much attention and bank managers have asked that the law in this area be covered within this section.
The issue of establishing and implementing a dress-code for employees has often been a topic of discussion by financial institution management and is addressed in this section.
The topics of discrimination based on an employee’s bankruptcy and the prohibition against hiring of persons convicted of certain crimes without prior consent is also covered.
Often, questions are fielded in areas covered by the federal Fair Labor Standards Act and similar State law provisions. Articles addressing these issues appear in this section, as well as articles on the obligation of some banks to file VETs-4212 Forms, the law on the Employment of Minors (particularly useful when considering part-time student employees and full-time student summer help or internships), a review of the Nebraska New Hire Reporting Act and a summary of the employment provisions of the Fair Credit Reporting Act.
Immigration law issues regarding employment opportunities or customer relation matters is also discussed as well as emerging laws on electronic communications and telecommuting.
Issues addressed under the broad topic of “Personnel” include the Uniform Interstate Family Support Act, the Telecommunications Equipment Hearing Aid Compatibility law and the law and regulation on Electronic Tax Payments.