Reducing the risks of employment lawsuits
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Reducing the Risks of Employment Lawsuits. Laws …. Laws …. Laws …. Federal Civil Rights Federal Wage and Hour Federal Employment State Employment. Federal Civil Rights Laws. Title VII of the Civil Rights Act of 1964.

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Laws laws laws
Laws …. Laws …. Laws ….

  • Federal Civil Rights

  • Federal Wage and Hour

  • Federal Employment

  • State Employment


Federal

Civil Rights

Laws


Title vii of the civil rights act of 1964
Title VII of the Civil Rights Act of 1964

Prohibits discrimination in employment based on race, sex, color, religion, or national origin.

Two types of discrimination cases:

  • Disparate Treatment Cases

  • Disparate Impact Cases


Age discrimination in employment act
Age Discrimination in Employment Act

  • Prohibits discrimination in employment based on age

  • Protected class consists of people 40 years and older


Pregnancy discrimination act of 1978
Pregnancy Discrimination Act of 1978


  • Employers cannot discriminate in employment based on pregnancy related conditions

  • Cannot refuse to hire applicants because they are pregnant

  • Cannot fire employees because they become pregnant

  • Employers must treat pregnancy as any other illness or disability

  • Same reemployment rights as other employees that go on leaves of absence for other disabilities or illnesses


Fmla family and medical leave act
FMLA pregnancy related conditionsFamily and Medical Leave Act


Employers are required to provide eligible employees with up to 12 weeks of unpaid leave per year for:

  • birth, adoption or placement of a child or care for the same

  • “serious health condition” for spouse, parents or children.


FMLA to 12 weeks of unpaid leave per year for:

  • Covered employee

  • 12 month period

  • Can take PTO and EDL during

  • Must complete form to request

  • Tracking “absences”

  • Define “serious health condition”


Americans with disabilities act
Americans with Disabilities Act to 12 weeks of unpaid leave per year for:

Employers may not discriminate against a qualified individual with a disability in recruitment, advertising, job applicant procedures, hiring, upgrading, promoting, seniority, demotion, transfer, layoff, termination, return from layoff, rehiring, pay, job assignments, leaves of absence, sick leave, selection for training, etc.


ADA to 12 weeks of unpaid leave per year for:

  • Who is considered disabled?

  • What does the law provide?

    • Employer may not discriminate

    • Employers must make reasonable accommodations as long as it does not cause an undue hardship

    • What you can/cannot ask


Federal to 12 weeks of unpaid leave per year for:

Wage & Hour

Laws


Fair labor standards act
Fair Labor Standards Act to 12 weeks of unpaid leave per year for:

  • Minimum Wage Provisions

  • Overtime Provisions


Exceptions – “Exempt” Employees to 12 weeks of unpaid leave per year for:

  • Executive

  • Administrative

  • Learned Professional

  • Creative Professional

  • Computer Professional

  • Outside Sales

  • Highly Compensated Employee


Equal pay act
Equal Pay Act to 12 weeks of unpaid leave per year for:

  • Prohibits paying lower wages to employees of one sex than are paid to employees of another sex for “equal work”

  • Four factors taken into consideration:

    1. Skill

    2. Effort

    3. Responsibility

    4. Similar working conditions


Common wage hour faqs
Common Wage & Hour FAQs to 12 weeks of unpaid leave per year for:

  • Can employees be required to work overtime?

  • Can you require lunch/rest breaks? Does the law require them?

  • How should time cards be handled?


Common to 12 weeks of unpaid leave per year for:overtime mistakes:

  • Allowing non-exempt employees to begin or end work before or after their assigned hours

  • Allowing non-exempt employees to work through their lunch breaks

  • Allowing non-exempt employees to take work home

  • Counting PTO as work time

  • Docking salaried exempt employees for partial day absences


Employee or independent contractor
Employee or Independent Contractor? to 12 weeks of unpaid leave per year for:

Factors to consider:

  • Behavioral control

  • Financial control

  • Definition of Relationship


Other federal employment laws
Other Federal Employment Laws to 12 weeks of unpaid leave per year for:

  • Immigration Reform and Control Act

  • Fair Credit Reporting Act

  • FACTA

  • USERRA

  • Jury System Improvement Act

  • National Labor Relations Act

  • Polygraph Protection Act

  • WARN

  • Drug Free Workplace Act of 1989

  • COBRA

  • HIPAA


Critical legal issues facing management
CRITICAL Legal Issues Facing Management to 12 weeks of unpaid leave per year for:

  • Employment-At-Will

  • Wrongful Discharge

  • Harassment

    Document Document DocumentDocumentDocument


Recruiting and hiring
Recruiting and Hiring to 12 weeks of unpaid leave per year for:

  • The Hiring Process

  • Legally Recruiting Quality Candidates

  • Legal Problems in Interviewing

  • Rejecting Unsuitable Applicants

  • Reference Checking

  • Pre-Employment Testing

    Document Document DocumentDocumentDocumentDocument


Managing employees legally
Managing Employees Legally to 12 weeks of unpaid leave per year for:

  • Establishing Job Standards

    • Job Descriptions

    • Job Assignments and the Law

    • Dealing with Performance Problems

      Document Document DocumentDocumentDocument


Performance reviews
Performance Reviews to 12 weeks of unpaid leave per year for:

  • When performance reviews cause legal problems

  • How to reduce vulnerability

  • Biggest DANGER – not being honest with the employee

    Document Document DocumentDocumentDocument


Dress codes
Dress Codes to 12 weeks of unpaid leave per year for:

  • What we can require/prohibit

  • What can cause problems


Regarding employee
Regarding Employee… to 12 weeks of unpaid leave per year for:

…Right to Privacy

…Searches

…Telephone Calls

…Cell-phone Policies

…E-mail

…Internet use


Disciplinary procedures and the law
Disciplinary Procedures and the Law to 12 weeks of unpaid leave per year for:

Two conditions necessary to be effective:

  • Tell them WHAT you expect

  • Tell them WHY you expect it


Discipline procedure
Discipline Procedure to 12 weeks of unpaid leave per year for:

  • Friendly Warning

  • Verbal Warning

  • 1st Written Warning

  • 2nd Written Warning (if applicable)

  • Termination (if applicable)

    Document Document DocumentDocumentDocument


Legally terminating employees
Legally Terminating Employees to 12 weeks of unpaid leave per year for:

  • Resignation or discharge?

  • The truth about firing:

    • Firing poor performers raises morale

    • Don’t feel bad


Checklist For Lawful Terminations to 12 weeks of unpaid leave per year for:

  • Was there a written rule or regulation?

  • Was the employee informed of it?

  • Was the rule administered fairly and consistently?

  • Do you have adequate written documentation?

  • Have you thoroughly investigated the facts?

  • Has the employee been presented with an opportunity to present their side of the story?


Ask yourself
Ask Yourself to 12 weeks of unpaid leave per year for:

  • Is it fair?

  • Would it seem fair to a judge?


Unemployment claims
Unemployment Claims to 12 weeks of unpaid leave per year for:

  • What is the impact on the agency?

  • Who is eligible?

  • What is the process?

    If you have done it right, you are now VERY happy!


Questions? to 12 weeks of unpaid leave per year for:

Mary A. Flores

VP of HR for BBBSNT

Wk. 817.277.1148 ext. 242

Cell 214.288.3678

[email protected]


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