Human Resources and the Law

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Human Resourcesand the Law
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Fill in the Blank

• 1. Protect Your Organization from
  ____________________________________________
• 2. Be the Compliance_____________________
• 3. Teach Your Supervisors How to_______
• 4. Promote from within by Teaching
• Managers to ___________________________
• 5. Provide Training to Avoid an
• _________________________by the E.E.O.C.
• 6. Reduce _________ Increase __________

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Scrambled HR Words

• Desrcopreu_______________________________
• Spoecili___________________________________
• Bjo Tisopdcrine__________________________
• Fecromapern WeeRiv____________________
• Niawrng___________________________________
• Spicineldi_________________________________
• Mendoctatiuno___________________________
• Massnetahr_______________________________
• Vigenate__________________________________

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The Goal Americas Best 100 Places to
WorkMotek Southwest Airlines
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• Whatever made you successful in the past, wont
  work in the future.
• - Lew Platt
• Former CEO of Hewlett Packard

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Good Faith Fair Dealing

• Policies Procedures
• Job Description
• Performance Evaluation
• Training
• Resources
• Coaching
• Progressive Discipline

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www.eeoc.govwww.esgr.mil www.osha.govwww.bls.go
v www.jan.wvu.edu/links/adalinks.htm
www.dol.gov Poster Page
Important Web Sites
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Pay Gap Persists Women Still Make Less, Study
Says

• Women Make Only 80 of the Salaries
• Their Male Peers Do One Year After
• College
• Women Earn Only 69 of What Men
• Earn After 10 Years
• - Ellen Simon, Associated Press

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Whats Religion?

• Includes all aspects of religious observances and
  practices as well as belief, or lack of belief
• Religious practices include moral and ethical
  beliefs as to what is right or wrong which are
  sincerely held with the strength of traditional
  religious views. EEOC Guidelines

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Legal Discrimination

• B ona
• F ide
• O ccupational
• Q ualification

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Sexual Harassment Training for Managers
Supervisors

• E.E.O.C. 1 Phone Call 87 Days of an
  Investigation
• Can Be Held Personally Liable for Up to 100,000
• Must Take All Complaints Seriously
• Must Model Appropriate Behavior
• Must Protect Employees from Vendors, Contractors,
  Clients, Temps, etc.
• No Retaliation

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Purpose ADA
The ADA prohibits employment discrimination
against qualified individuals with
disabilities. A qualified individual with a
disability is an individual with a disability who
meets the skill, experience, education, and other
job-related requirements of a position held or
desired, and who, with or without reasonable
accommodation, can perform the essential
functions of a job.
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ADA Requires a Question with Regard to a
Reasonable Accommodation

• Can you perform the major functions of the job
  with or without a reasonable accommodation?

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Group Exercise Things to Do

• Policies Procedure
• Job Descriptions
• Performance Evaluations
• Safety Training / OSHA Compliance
• Training for Managers Supervisors

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Discrimination Case StudyJerry Lamb - Flight
Mechanic

• In 2001, Lamb reported a racially based remark
  made to him by a team leader.
• In 2003, Lamb filed an Equal Employment
  Opportunity Commission charge of racial
  discrimination alleging that between 2001 and
  2003, he applied for approximately 75 positions
  within the company but was not hired for any of
  them.
• What Do You Think Happened?

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Purpose FMLA
Enables eligible employees to take up to 12
workweeks of unpaid, job-protected leave within a
12-month period for medical situations and
emergencies, for the birth, adoption, or foster
care of a child, for the care of certain family
members who have a serious health condition, or
to care for the employees own serious health
condition.
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Full-time, part-time or temporary
At a single site or within a 75 mile radius
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FMLA Public Agency Coverage
All public agencies (state and local government)
and local education agencies (schools) are
covered. These employers do not need to meet the
50 employee test. Most federal employees are
covered by Title II of FMLA and are subject to
regulations issued by the Office of Personnel
Management.
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FMLA ELIGIBILITY

• In order to be eligible for FMLA leave, an
  employee must
• be employed by a covered employer
• work at a worksite within 75 miles of which that
  employer employs at least 50 employees
• must have worked at least 12 months (which do not
  have to be consecutive) for the employer and,
• must have worked at least 1,250 hours during the
  12 months immediately preceding the date of
  commencement of FMLA leave.

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FMLA Maintenance Of Health Insurance
An employer must maintain group health benefits
that an employee was receiving at the time leave
began during periods of FMLA leave at the same
level and in the same manner as if the employee
had continued to work.
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FMLA Job Restoration

• When the employee returns from FMLA leave, the
  employee is entitled to be restored to the same
  or an equivalent job.
• An equivalent job is one with equivalent pay,
  benefits, responsibilities, etc.
• The employee is not entitled to accrue benefits
  during periods of unpaid FMLA leave, but must be
  returned to employment with the same benefits at
  the same levels as existed when leave commenced.

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FMLA Homework

• Rolling Calendar (within any 12 month period)
• FMLA May Run Concurrently with Workers Comp,
  ADA, Maternity Leave, Short Long Term
  Disability
• Must Use All P.T.O. (Paid Time Off) First

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FMLA Updates

• President Bush signed into law a defense
  authorization bill that includes provisions
  amending the Family and Medical Leave Act to
  provide
• Up to six months of leave for family members
  caring for military veterans injured while on
  active duty in the U.S. Armed Forces
• 12 weeks of leave to family members of armed
  services personnel called up to active duty under
  certain circumstances.
• The bill was signed on Jan 28, 2008.

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FMLA New Rule Jan. 09

• http//edocket.access.gpo.gov/2008/pdf/E8-26577.pd
  f
• (More than 750 pages)
• Constructive Notice Byrne vs. Avon
• Physicians Assistant - Healthcare Provider
• Identify the Major Job Functions

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Privacy Rule Covered Entities

• Health Plans
• Health Care Providers
• Health Care Clearinghouses
• Business Associate

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Examples of disclosures that would require an
individuals authorization (HIPAA)

• Disclosures to a life insurer for coverage
  purposes
• Disclosures to an employer of the results of a
  pre-employment physical or lab test
• Disclosures to a pharmaceutical firm for their
  own marketing purposes

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Workers Comp Facts

• From Donald McDaniel 89352
• The Top 3 Reasons for Claims
• Transportation Related
• Contact with an Object (Exbox falling)
• Assaults Violent Acts

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Workers Comp Facts

• From Donald McDaniel 89352
• 4 Major Accident Types
• 42 Transportation Related
• 17 Contact with an Object
• 14 Trip Fall
• 13 Assaults Violent Acts (5,840 in 2006)

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The General Duty Clause 5(a)(1) OSH
Each employer shall furnish to each of his/her
employees a place of employment which is free
from recognized hazards that are causing or are
likely to cause serious injury or death.
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OSH Act 5(b)
Each employee shall comply with occupational
safety and health standards and all rules,
regulations, and orders issued pursuant to this
Act which are applicable to his own actions and
conduct.
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Types of Learners

• Kinesthetic or Tactile
• Visual
• Auditory

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How do you know the Inspection is not going well?

1. OSHA sets up camp in your parking lot.
2. News Reporter shows up with the Inspector.
3. OSHA starts the investigation by reading you your
   Miranda Rights.
4. OSHA is on a 1st name basis with your employees.
5. The Inspector is a former employee who was
   personally fired by you.

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Group Exercise Things to Do

• Policies Procedure
• Job Descriptions
• Performance Evaluations
• Safety Training/OSHA Compliance
• Training for Managers Supervisors

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Michelles Success System

• 1. Protect Your Organization from lawsuits,
  accidents, turnover, negativity
• 2. Be the Compliance expert, officer
• 3. Teach Your Supervisors How to discipline,
  document, write evaluations
• 4. Promote from within by Teaching Managers to
  coach by using the Socratic Method
• 5. Provide Training to Avoid an audit,
  investigation, lawsuits by the E.E.O.C.
• 6. Reduce accidents Increase safety

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  Your Organization
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Exemptions From Overtime Provisions

• Executive
• Administrative
• Professional
• Computer
• Outside Sales
• Highly Compensated

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How Do You Spot a Negaholic?

• Tell Me About a Time When You Had a Conflict With
  a Co-worker and how did you handle it?
• Give me an example of something that stressed
  other people in your previous job?
• Give Me an Example of a Time When You Had to
  Change a Procedure That Didnt Make Sense to You.

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What We Are Trying to Indicatein a Warning Letter

• Employee Knew Rule, Regulation, Procedure
• Employee Breached Rule
• Employer Tried to Assist Employee in Following
  Rule
• Employee Continues to Violate Rule
• Employee on Notice That Job Is in Jeopardy

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• Document
• Document
• Document
• Document
• Document
• Document