Key Employment Law Issues for Financial Services Employers | Practical Law
https://content.next.westlaw.com/practical-law/document/I4a803420760111e79bef99c0ee06c731/Key-Employment-Law-Issues-for-Financial-Services-Employers?viewType=FullText&transitionType=Default&contextData=(sc.Default)
A Practice Note summarizing key employment issues for financial services employers, highlighting those rules applicable to registered representatives regulated by Financial Industry Regulatory Authority (FINRA). This Note covers employee hiring and background checks, registration requirements such as Form U4, non-compete agreements, and garden leave provisions. It also discusses compensation and benefits, including employee exemptions under the Fair Labor Standards Act (FLSA), independent contractor misclassification, bonus compensation, trailing commissions, and forgivable loans and promissory notes. It also covers workplaces policies including discrimination, diversity, pay equity, mandatory vacation, social media and bring your own device (BYOD) policies, whistleblower protections and awards, and employment terminations and dispute resolution, including separation agreements, arbitration, and Form U5 expungement. This Note primarily covers federal law, but highlights issues where state law may impose different or additional requirements.