Employment

[We got a question from a library system...]

SPOILER ALERT!!

For those of you who need to know: in the end, the service at a regional council “counted.”

And now for the questions...

What would it look like if a Public Library hired a part-time social worker to help patrons deal with some of their everyday life issues that may come up while visiting the library? I see the potential benefits but can imagine a lot of complications.

The New York State Education Department’s Office of the Professions, which oversees the licensure of social workers, describes social work this way:[1]

[NOTE: This submission is based on real-life questions about the new requirement imposed by New York State Labor Law Section 590(2).]

Great questions!

Let's tackle[1] them:

Is this true?

Yes.  If you would like to look up the text of the law, which went into effect on November 13th, 2023, you can find it here: https://www.nysenate.gov/legislation/laws/LAB/590.

Our Board of Trustees is searching for a new director. Our Library has transitioned from a very small building to a modern, significantly larger building. As a public library, the school district we serve has a population of more than 18,000. Our former director did not have a contract.

Regular readers of "Ask the Lawyer" know one of the cardinal rules is: "Do not reinvent the wheel."  So, before working on this reply, we[1] checked the "NY Library Trustees Handbook (2018),"[2] which has a whole section on hiring library directors.

We have a school district public library board considering requiring background checks for new employees. They are concerned that they may be legally required to background check all current employees. Would there be any legal reason they would need to do so?

[NOTE: for background to this short answer, please see the much longer "Ask the Lawyer" Background checks and fingerprinting for new employees, that addresses the tightrope walk/legal minefields of employee background checks.]

Should what we think of as the personnel policy be called Employee Handbook or Personnel Policy?

Ooh, an ontological question!

I am not sure about the basis of the past legal input mentioned in the question, differentiating a "policy" from a "handbook," but I (mostly) agree with it.

Our library is considering a name tag policy as part of our focus on patron service.  What are the legal "do's" and "don'ts" of an employee name tag policy?

When it comes to the legal considerations of employee name tags, there are quite a few "do's" and just as many "don’ts."  I'll set them out below, with the legal rationale behind the guidance.

DO pick a legible font.

Accessibility matters.  Consult an ADA guide and pick a font that is easy to read.

In the RAQ you provided an answer about vaccine requirements for new hires. What about performers or presenters we hire to come into the library, especially to work with children? Are we allowed to ask/require proof of vaccination status before signing a contract?

A library needs two documents to address this issue:

1.  Its template contract or "rider"[1] for performers and presenters;[2]and

2.  Its current Safety Plan.

Can we require new hires at the library to be vaccinated, and if so, how should we word this on the job application, and how are we allowed to ask for proof of vaccination? What if the new hire is not vaccinated because of religious reasons. If the library requires those who are not vaccinated to get COVID tested weekly, does the library have to pay for those tests?

Underlying all these highly specific questions is one Big Question: Can employers require vaccination?

How long can an association library (or other private museum or archive) hold open a job while an employee is out on disability due to a work-related injury?

Before answering this question, I have one over-arching comment: the member who sent this inquiry was wise to submit the question when they did; it is not the type of question to be handled without the input of a pro.[1]