Everything You Ever Wanted to Know About Employment Law (But Didn’t Want to Pay a Lawyer to Ask)

Today’s Agenda

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Official Disclaimer

SMARTEST HR PERSON IN THE UNIVERSE QUIZ SHOW

(Source: Fulbright & Jaworski)

(Source: EEOC)

$317,032 (Source: Jury Verdict Research)

(Sources: Consumer Reports, Vault.com, The Wall Street Journal, Challenger, Gray & Christmas, Harris Interactive, ComputerWorld.com, Fulbright & Jaworski, Society of Corporate Compliance & Ethics, Cisco, Clearswift, Jobvite, Microsoft, Virginia Tech Driving Institute, McCann WorldGroup; harmon.ie)

(Sources: WorkForce Software, Harris Interactive, Workplace Power Outage Survey, Sage Software Survey, Urban Mobility Report, Business Week, Families and Work Institute, Centers for Disease Control and Prevention, The New York Times)

(Source: National Safety Council)

80% of employers expect fewer than 5% of their employees to leave voluntarily in 2010 (Source: ManpowerGroup)

(Source: Right Management) Toledo HR Association 60% of employees intend to pursue new job opportunities as the economy improves

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EMPLOYMENT LAW SING-A-LONG

THANK YOU

EMPLOYMENT LAW TOOL BOX

Alphabet Soup Glossary AAA = American Arbitration Association ADA = Americans with Disabilities Act ADEA = Age Discrimination in Employment Act ADR = Alternative Dispute Resolution BFOQ = Bona Fide Occupational Qualification CBA = Collective Bargaining Agreement CDHP = Consumer Driven Health Plan COBRA = Consolidated Omnibus Budget Reconciliation Act DHS = Department of Homeland Security DOL = Department of Labor DOT = Department of Transportation EAP = Employee Assistance Program EBSA = Employee Benefits Security Administration EEOC = Equal Employment Opportunity Commission EPA = Equal Pay Act EPPA = Employee Polygraph Protection Act ERISA = Employee Retirement Income Security Act ESOP = Employee Stock Ownership Plan FACTA = Fair & Accurate Credit Transactions Act FCRA = Fair Credit Reporting Act FLSA = Fair Labor Standards Act FMLA = Family and Medical Leave Act FSA = Flexible Spending Account FTC = Federal Trade Commission HHS = Department of Health & Human Services HIPAA = Health Insurance Portability & Accountability Act I-9 = Employment Eligibility & Verification Form ICE = Immigration & Customs Enforcement IRCA = Immigration Reform and Control Act JAN = Job Accommodation Network NLRA = National Labor Relations Act NLRB = National Labor Relations Board OFCCP = Office of Federal Contract Compliance Programs OSHA = Occupational Safety & Health Administration OWBPA = Older Workers Benefit Protection Act PDA = Pregnancy Discrimination Act SOX = Sarbanes-Oxley Act SSA = Social Security Administration ULP = Unfair Labor Practice USCIS = U.S. Citizenship & Immigration Services USERRA = Uniformed Services Employment & Reemployment Rights Act WARN = Worker Adjustment & Restraining Notification Act

General Purpose ADA: Prohibits discrimination against disabled individuals FMLA: Provides leave to employees Who Is Eligible? ADA: Individuals with a qualifying disability FMLA: Employees who have worked for at least 12 months and at least 1250 hours during the previous 12 months at a location within a 75-mile radius of where at least 50 employees work What Conditions are Covered? ADA: “Disability” that substantially limits one or more major life activities (or a history or perception of having such a disability) FMLA: “Serious health condition” of employee or certain family members of employee. Birth, adoption and foster care placement of employee’s child. Certain types of military-related leave. What Leave is Required? ADA: Leave for employee may be required if it would constitute a reasonable accommodation that doesn’t impose undue hardship on the employer. Leave typically must be for a defined period and is unpaid unless employer pays for other similar leaves. FMLA: Up to 12 weeks/year for serious health condition-related leave. Up to 26 weeks/year for certain military-related leave. Leave may be intermittent and is unpaid but the employer can require or the employee can choose to use accrued paid benefits. What About Benefits? ADA: No specifics under the law, other than the prohibition of discrimination based on disability. FMLA: Benefits typically don’t accrue during leave, but seniority, service and vesting continue. May require use of certain paid leaves depending on type of FMLA leave. What About Reinstatement? ADA: If leave is required as a reasonable accommodation, the employer generally must keep the employee’s position open during the leave. FMLA: Generally, employees must be reinstated to the same or a substantially equivalent position. What About Light Duty? ADA: Employers are not required to remove essential job functions as an accommodation, but if an employer reserves light duty jobs for workers’ compensation purposes, it may have to offer such jobs to disabled individuals. FMLA: An employer can’t require FMLA-qualifying employees to work light duty. Potential Penalties ADA: Back pay, compensatory damages, punitive damages and attorneys’ fees FMLA: Back pay, reinstatement, benefits and attorneys’ fees.

EMPLOYMENT LAW RED FLAGS Discrimination: * = only in some states

EMPLOYMENT LAW RED FLAGS * = only in some states

EMPLOYMENT LAW RED FLAGS

EMPLOYMENT LAW GREEN FLAGS KEY: legitimate job-related business reasons

TERMINATION TEST: 6 QUESTIONS

When is an Employee Exempt? Employees must be paid the minimum specified by statute and (except for the computer exemption) be salaried