Employment Law Unit 6

Agenda Key guidelines of the FMLA Pregnancy Discrimination Act Military Duty Wage and Hour Laws Equal Pay Act

Family Medical Leave Requires covered employers (with at least 50 employees) to allow eligible employees to take up to 12 weeks of unpaid leave per 12 month period. When employees return to work, the employer must allow them to return to the same position or a position equal in pay and benefits.

Family Medical Leave Who is entitled to FMLA leave?

Entitled to FMLA Worked for the employer for a least 12 months Worked for at least 1250 house in the previous12 months Experiencing a qualifying event Provided employer with sufficient notice

? What are FMLA Qualifying Events

FMLA Qualifying Events Birth of a child Adoption/foster Need to care for a spouse, son, daughter, or parent with a serious health condition The need to care for a service member who suffered a serious injury or illness while on active duty Any qualifying exigency arising from a family member in the military who is or will soon be on active duty,

Employer Requirements Provide up to 12 weeks of leave over 12- month period. Maintenance of health insurance benefits Restoration to the same position held before the leave or an equivalent position Employees must be allowed to use any applicable paid leave provided by their employers to substitute for unpaid FMLA leave Employees must be allowed to take leave on an intermittent basis

Serious Health Conditions Conditions that results in periods of incapacity of more than 3 consecutive days Any periods of incapacity related to pregnancy or prenatal care Any period of incapacity due to chronic serious health conditions for which at least 2 visits to a health care provider are made per year Any absences to receive multiple treatments from health care providers for conditions that would likely result in periods of incapacity more than three consecutive calendar days if left untreated.

State Differences Can you share any different family leave guidelines that exist in your state?

What do you think? Brad Peters and his wife adopt a baby. Brad applies for 12-week family leave. He is denied because his wife did not give birth. What are your thoughts?

What do you think? Ryan’s Express is a dry-cleaning establishment with 47 employees working in 6 stores. Maggie Brown’s mom must undergo triple-bypass surgery. Maggie applies for medical leave under the FMLA to care for her mom when she is released from the hospital. Maggie’s request is denied. What are your thoughts?

Pregnancy Discrimination Act Employers must treat employees with pregnancy related conditions in the same manner as employees with other medical conditions. Pregnant employees are entitled to continue work for as long as they can perform the work

Uniformed Services Employment and Reemployment Rights Act Prohibits employers from discriminating against people who are members of military service. Includes National Guard annual training. Employees who have served in the military (up to 5 years) and have been honorably discharged and have made a timely request for reemployment: ◦ Must be reinstated by their employers ◦ Must be provided with training needed to be able to perform the job, ◦ Must be reemployed with accrued seniority

Fair Labor Standards Act (FLSA - Regulated wages and hours Guidelines on minimum wage Overtime - Child Labor

Exempt Non-exempt Non exempt – need to be paid time and a half for any hours over 40 hours a week Exempt – are not required to be paid overtime Executive, administrative and professional Independent contractors Outside salesperson

What do you think? Myrtle Dover is a domestic helper who resides with the Remingtons. At times, she works more than 8 hours per day and always works on Saturdays and Sundays unless the family is vacationing. Myrtle is paid a set fee each week in accordance with the minimum wage law, but she is not paid overtime. Are the Remingtons in violation of the maximum hour laws?

What do you think? Can an employer give employees straight compensatory time (one hour off for every overtime hour worked) instead of overtime?

What do you think? Veronica is a waitress at Didi’s Diner. She is paid $2.13 per hour, and she is entitled to keep all of her tips, which average $8.50 per hour. Is Didi’s in compliance with the FLSA?

Child Labor Children who are at least 16 years of age may work in any occupation as long as it has not been deemed hazardous by the Secretary of Labor. Children who are 14 or 15 years of age are not permitted to work in manufacturing, mining, and other occupations that interfere with their schooling and/or their health and well-being. Children under 14 are not permitted to work unless it is for their parents or approved by the court for entertainment or athletic contracts.

What do you think? Lawrence Connery is an attorney with his own practice. He employs his 12-year-old daughter, Tiffany, to work for him 2 hours after school each day. Her responsibilities include photocopying, stapling, dusting, and making coffee. Is this permissible?

What do you think? Michele Goldsmith is a 14-year-old freshman at Richmond Hill High. She works from 2 P.M. until 10 P.M. at Foodway 3 days a week. In order to get to work on time, she has to cut her last class, which, because of a rotating schedule, changes each day and is not particularly noticeable. Is this permissible?

Equal Pay Act To establish a case of pay discrimination the plaintiff must show someone from the opposite sex working in the same organization receives a higher rate of pay for performing substantially equal work The employer must show that the difference in pay is based on one of: ◦ A seniority system ◦ A merit pay system ◦ Pay is based on the quality or quantity of productivity ◦ Some other factor other than sex

What do you think? It is undisputed that from 1985 until the termination of her employment on November 26, 1991, McMillan was paid less than any other Director/Department Head, while her job description was for all practical purposes indistinguishable from that of her male colleagues. The issue is whether the employer discriminated against her in violation of the Equal Pay Act.

What do you think? Tammy Dale works as an administrative assistant for Southeast Trucking Company. Tammy learns from Melissa in payroll that the male drivers make $15,000 more than the predominantly female administrative assistants on average. Tammy wishes to file a complaint alleging violation of Equal Pay Act and the Comparable Work Doctrine. Does Tammy have a claim?

Your Turn Any questions, concerns or anything else to add?