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April 28, 2004

Denise I. Murphy Presentation to PLUS EPLI SYMPOSIUM 2004 RISK MANAGEMENT: TRAPS AND TIPS. April 28, 2004. Pepe & Hazard LLP. FEDERAL. I. THE TRAPS. ADEA (Age Discrimination) ADA (Americans with Disabilities Act) FMLA (Family Medical Leave Act)

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April 28, 2004

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  1. Denise I. Murphy Presentation to PLUS EPLI SYMPOSIUM 2004 RISK MANAGEMENT: TRAPS AND TIPS April 28, 2004 Pepe & Hazard LLP

  2. FEDERAL I. THE TRAPS • ADEA (Age Discrimination) • ADA (Americans with Disabilities Act) • FMLA (Family Medical Leave Act) • IRCA (Immigration Reform and Control Act) • OSHA (Occupational Safety Health Act) • Title VII (Federal Anti Discrimination Law) • FLSA (Fair Labor Standards Act)

  3. STATE I. THE TRAPS • Anti Discrimination Laws (usually more employee oriented – provides greater protection for employees) • State Wage and Hour Laws (often provides criminal as well as civil penalties

  4. THE TIPS • REQUIRE AN AUDIT • Handbook (contracts) • Stress at will (ad nauseum) • Avoid Mandatory language • TRAIN • Sexual Harassment • Anti-Harassment • Effective policies – when in doubt, go conservative!

  5. PAYROLL PRACTICES • Exempt vs. Non-Exempt • Demonstrate Benefits To Insured • Criminal Penalties Motivate Compliance • How to Hire • Prohibited Questions • How to Fire • Common Sense and SAFETY

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