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Deirdre J. Kamber, Esquire Certified HIPAA Professional Fitzpatrick Lentz & Bubba 4001 Schoolhouse Lane Center Valley, PA 18034 610.797.9000 ext. 383 [email_address] Employment Law:  At-Will Employment
The Joys of Employment… [email_address]
So Why Are We Here Today? ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[email_address]
[email_address] GENERALLY
What is “Employment Law?” ,[object Object],[object Object],[object Object],[email_address]
What is “Employment Law?” [email_address] TERMINATION EMPLOYMENT HIRING THE WORKPLACE Title VII Americans with Disabilities Act Age Discrimination in Employment Act Health Insurance Portability and Accountability Act PA Human Relations Act PA Labor Relations Act National Labor Relations Act Invasion of Privacy Defamation PA Human Relations Act Retaliation Fair Labor Standards Act Family and Medical Leave Act PA Personnel Files Act Workers Compensation Act Unemployment  Compensation Act Equal Pay Act Uniformed Services Employment and Reemployment Rights  Act 1st Amendment PA Wage and Hour Law Employee Retirement Income Security Act   Occupational Safety & Health Act   Contracts Worker Adjustment & Retraining Notification Act  IF HAVING A JOB IS SO  SIMPLE, WHY  ARE THERE SO MANY LAWS?
Why So Many Laws? ,[object Object],[object Object],[object Object],[object Object],[object Object],[email_address]
Discrimination [email_address] Employment opens up  for women post-World Wars I & II Civil Rights movement flourishes (development of legal protections based on sex, age, race, ethnicity, religion) New Deal opens up chances for everyone, including minorities Legislation develops discrimination protections re: disabilities & health insurance (ADA & HIPAA) 1900  1910  1920  1930  1940  1950  1960  1970  1980  1990  2000
Wages and Benefits [email_address] Fair pay, minimum wage, overtime & child labor laws enacted (FLSA) The New Deal is born and laws regarding unions develop (NLRA) Retirement and benefits gains legal recognition (ERISA) Continued health insurance coverage is protected by law (HIPAA & COBRA) Social Security is created Notion of global market is born 1900  1910  1920  1930  1940  1950  1960  1970  1980  1990  2000
Information Access  ,[object Object],[email_address] HIPAA – protecting health information PA Personnel Files Act created ADA born – no more asking for medical records Birth of the Internet “ Spyware” becomes commercially available PA Wiretap and Surveillance Act enacted
Done a Little Differently? [email_address] WAGES & BENEFITS EMPLOYMENT DISCRIMINATION HIRING INFORMATION ACCESS TERMINATION Title VII Americans with Disabilities Act Age Discrimination in Employment Act Health Insurance Portability and Accountability Act PA Human Relations Act PA Labor Relations Act National Labor Relations Act Invasion of Privacy Defamation PA Human Relations Act Retaliation Fair Labor Standards Act Family and Medical Leave Act PA Personnel Files Act Workers Compensation Act Unemployment  Compensation Act Equal Pay Act Uniformed Services Employment and Reemployment Rights  Act 1st Amendment PA Wage and Hour Law Employee Retirement Income Security Act   Occupational Safety & Health Act   Contracts Worker Adjustment & Retraining Notification Act  THE WORKPLACE
Done a Little Differently? [email_address] Title VII Invasion of Privacy Unemployment  Compensation Act Employee Retirement Income Security Act   Equal Pay Act Americans with Disabilities Act PA Personnel Files Act Occupational Safety & Health Act  Contracts   Uniformed Services Employment  and Reemployment Rights  Act Worker Adjustment and  Retraining Notification Act  Health Insurance Portability  and Accountability Act Workers Compensation Act National Labor Relations Act 1st Amendment Defamation Family and Medical Leave Act PA Labor Relations Act PA Human Relations Act Fair Labor Standards Act Age Discrimination in  Employment PA Wage and Hour Law Retaliation WAGES & BENEFITS DISCRIMINATION INFORMATION ACCESS THE WORKPLACE
Now These Laws Have a Context ,[object Object],[object Object],[object Object],[object Object],[object Object],[email_address]
What Have We Covered? ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[email_address]
[email_address] ORGANIZATION OF THE LAW
Section II:  Organization of a Law ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[email_address]
Federal and State Laws ,[object Object],[object Object],[object Object],[object Object],[email_address]
Our Example ,[object Object],[object Object],[email_address]
Federal and State Laws ,[object Object],[object Object],[object Object],[email_address]
Federal Laws ,[object Object],[object Object],[object Object],[email_address]
State Laws ,[object Object],[object Object],[object Object],[object Object],[object Object],[email_address]
Local Ordinances:  Lehigh Co. ,[object Object],[object Object],[email_address]
Common Law Doctrines ,[object Object],[object Object],[object Object],[email_address]
Workplace Policies? ,[object Object],[object Object],[email_address]
Differences?  ,[object Object],[object Object],[email_address]
Similarities? ,[object Object],[object Object],[object Object],[object Object],[email_address]
The Differences Between Federal and State Employment Laws ,[object Object],[object Object],[object Object],[object Object],[object Object],[email_address]
[email_address] AT-WILL  EMPLOYMENT
At-Will Employment and Discrimination ,[object Object],[object Object],[object Object],[object Object],[email_address]
At-Will Employment and Discrimination ,[object Object],[object Object],[object Object],[email_address]
At-Will Employment and Discrimination ,[object Object],[object Object],[object Object],[email_address]
At-Will Employment and Discrimination ,[object Object],[object Object],[object Object],[object Object],[email_address]
At-Will Employment and Discrimination ,[object Object],[object Object],[object Object],[object Object],[object Object],[email_address]
At-Will Employment and Public Policy Exceptions ,[object Object],[object Object],[object Object],[email_address]
Hypothetical ,[object Object],[object Object],[email_address]
At-Will Employment and Contract Exceptions ,[object Object],[object Object],[object Object],[email_address]
At-Will Employment and Implied Contract Exceptions ,[object Object],[object Object],[object Object],[email_address]
At-Will Employment and Implied Contract Exceptions ,[object Object],[object Object],[object Object],[email_address]
Hypothetical ,[object Object],[object Object],[object Object],[object Object],[email_address]
At-Will Employment and Statutory Exceptions   ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[email_address]

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Introduction to Employment Law 101

  • 1. Deirdre J. Kamber, Esquire Certified HIPAA Professional Fitzpatrick Lentz & Bubba 4001 Schoolhouse Lane Center Valley, PA 18034 610.797.9000 ext. 383 [email_address] Employment Law: At-Will Employment
  • 2. The Joys of Employment… [email_address]
  • 3.
  • 5.
  • 6. What is “Employment Law?” [email_address] TERMINATION EMPLOYMENT HIRING THE WORKPLACE Title VII Americans with Disabilities Act Age Discrimination in Employment Act Health Insurance Portability and Accountability Act PA Human Relations Act PA Labor Relations Act National Labor Relations Act Invasion of Privacy Defamation PA Human Relations Act Retaliation Fair Labor Standards Act Family and Medical Leave Act PA Personnel Files Act Workers Compensation Act Unemployment Compensation Act Equal Pay Act Uniformed Services Employment and Reemployment Rights Act 1st Amendment PA Wage and Hour Law Employee Retirement Income Security Act Occupational Safety & Health Act Contracts Worker Adjustment & Retraining Notification Act IF HAVING A JOB IS SO SIMPLE, WHY ARE THERE SO MANY LAWS?
  • 7.
  • 8. Discrimination [email_address] Employment opens up for women post-World Wars I & II Civil Rights movement flourishes (development of legal protections based on sex, age, race, ethnicity, religion) New Deal opens up chances for everyone, including minorities Legislation develops discrimination protections re: disabilities & health insurance (ADA & HIPAA) 1900 1910 1920 1930 1940 1950 1960 1970 1980 1990 2000
  • 9. Wages and Benefits [email_address] Fair pay, minimum wage, overtime & child labor laws enacted (FLSA) The New Deal is born and laws regarding unions develop (NLRA) Retirement and benefits gains legal recognition (ERISA) Continued health insurance coverage is protected by law (HIPAA & COBRA) Social Security is created Notion of global market is born 1900 1910 1920 1930 1940 1950 1960 1970 1980 1990 2000
  • 10.
  • 11. Done a Little Differently? [email_address] WAGES & BENEFITS EMPLOYMENT DISCRIMINATION HIRING INFORMATION ACCESS TERMINATION Title VII Americans with Disabilities Act Age Discrimination in Employment Act Health Insurance Portability and Accountability Act PA Human Relations Act PA Labor Relations Act National Labor Relations Act Invasion of Privacy Defamation PA Human Relations Act Retaliation Fair Labor Standards Act Family and Medical Leave Act PA Personnel Files Act Workers Compensation Act Unemployment Compensation Act Equal Pay Act Uniformed Services Employment and Reemployment Rights Act 1st Amendment PA Wage and Hour Law Employee Retirement Income Security Act Occupational Safety & Health Act Contracts Worker Adjustment & Retraining Notification Act THE WORKPLACE
  • 12. Done a Little Differently? [email_address] Title VII Invasion of Privacy Unemployment Compensation Act Employee Retirement Income Security Act Equal Pay Act Americans with Disabilities Act PA Personnel Files Act Occupational Safety & Health Act Contracts Uniformed Services Employment and Reemployment Rights Act Worker Adjustment and Retraining Notification Act Health Insurance Portability and Accountability Act Workers Compensation Act National Labor Relations Act 1st Amendment Defamation Family and Medical Leave Act PA Labor Relations Act PA Human Relations Act Fair Labor Standards Act Age Discrimination in Employment PA Wage and Hour Law Retaliation WAGES & BENEFITS DISCRIMINATION INFORMATION ACCESS THE WORKPLACE
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Notas del editor

  1. Welcome to Employment Law. I hope that you will take away from this class not only knowledge about employment law, but also more information about your own employment experiences and those of your employees and coworkers.
  2. The 1960’s was the watershed decade for change. Diversity in the workplace brought about Title VII, the ADEA, and the Equal Pay Act. The 1970’s and 1980’s produced the Rehabilitation Act and numerous developments to the anti-discrimination laws. In 1990, the Americans with Disabilities Act entered the arena, accompanied by the Civil Rights Acts of 1991. Now, health care and genetics are the new targets.
  3. In the early 1900's, businesses had basically unfettered license to create their own self-serving policies. The only relevant legal proscription was the ban on slavery. Changes started to slowly manifest in the 1920's with the creation of the Child Labor Laws and the employment of women during World War I. The National Labor Relations Act, for unions, came around in the 1930’s. Benefits and hours worked became the new issues. Title I of the Employee Retirement Income Security Act of 1974 ( ERISA ) evolved. This trend has continued continuously toward payment for (1) all time worked, under the Fair Labor Standards Act ( FLSA ) and (2) improved and continuous health care coverage under the Health Insurance Portability and Accountability Act ( HIPAA ).
  4. In the early 1900's, businesses had basically unfettered license to create their own self-serving policies. The only relevant legal proscription was the ban on slavery. Changes started to slowly manifest in the 1920's with the creation of the Child Labor Laws and the employment of women during World War I. The National Labor Relations Act, for unions, came around in the 1930’s. Benefits and hours worked became the new issues. Title I of the Employee Retirement Income Security Act of 1974 ( ERISA ) evolved. This trend has continued continuously toward payment for (1) all time worked, under the Fair Labor Standards Act ( FLSA ) and (2) improved and continuous health care coverage under the Health Insurance Portability and Accountability Act ( HIPAA ).