HR 101 Survivor Management Island

Laws …. Laws …. Laws …. Federal Civil Rights Laws Federal Wage and Hour Laws Other Federal Employment Laws State Employment Laws

FEDERAL CIVIL RIGHTS LAWS

Title VII of the Civil Rights Act of 1964 Prohibits discrimination in employment based on race, sex, color, religion, or national origin. Two types of discrimination cases: 1.Disparate Treatment Cases 2.Disparate Impact Cases

Age Discrimination in Employment Act Prohibits discrimination in employment based on age Protected class consists of people 40 years and older

Pregnancy Discrimination Act of 1978 Employers cannot discriminate in employment based on pregnancy related conditions –Cannot refuse to hire applicants because they are pregnant –Cannot fire employees because they become pregnant –Employers must treat pregnancy as any other illness or disability –Same reemployment rights as other employees that go on leaves of absence for other disabilities or illnesses

Family and Medical Leave Act Employers are required to provide eligible employees with up to 12 weeks of unpaid leave per year for birth, adoption or placement of a son/daughter or care for the same. FMLA may also be used for a “serious health condition” for spouse, parents or children.

FMLA Covered employee 12 month period Can take PTO and EDL during Must complete form to request Tracking “absences” Define “serious health condition”

Americans with Disabilities Act Employers may not discriminate against a qualified individual with a disability in recruitment, advertising, job applicant procedures, hiring, upgrading, promoting, seniority, demotion, transfer, layoff, termination, return from layoff, rehiring, pay, job assignments, leaves of absence, sick leave, selection for training, etc.

ADA Who is considered disabled? What does the law provide? –Employer may not discriminate –Employers must make reasonable accommodations as long as it does not cause an undue hardship –What you can/cannot ask

Federal Wage & Hour Laws Hour Laws

Fair Labor Standards Act Minimum Wage Provisions Overtime Provisions Exceptions – “Exempt” Employees Executive Exemption Administrative Exemption Learned Professional Exemption Creative Professional Exemption Computer Professional Exemption Outside Sales Exemption Highly Compensated Employee Exemption

Equal Pay Act Prohibits paying lower wages to employees of one sex than are paid to employees of another sex for “equal work” Four factors taken into consideration: 1. Skill 2. Effort 3. Responsibility 4. Similar working conditions

Common Wage & Hour Problems/Questions Can employees be required to work overtime? Can you require lunch/rest breaks? Does the law require them? Handling time cards/time sheets. Common overtime mistakes: –Allowing non-exempt employees to begin or end work before or after their assigned hours –Allowing non-exempt employees to work through their lunch breaks –Allowing non-exempt employees to take work home –Counting PTO as work time –Docking salaried exempt employees for partial day absences

Employee or Independent Contractor FACTORS TO CONSIDER Behavioral control Financial control Definition of Relationship

OTHER FEDERAL EMPLOYMENT LAWS Immigration Reform and Control Act Fair Credit Reporting Act FACTA USERRA Jury System Improvement Act National Labor Relations Act Polygraph Protection Act WARN Drug Free Workplace Act of 1989 COBRA HIPAA

CRITICAL Legal Issues Facing Management Employment-At-Will Wrongful Discharge Harassment Document Document Document Document Document Document Document Document

Recruiting and Hiring The Hiring Process Legally Recruiting Quality Candidates Legal Problems in Interviewing Rejecting Unsuitable Applicants Reference Checking Pre-Employment Testing Document Document Document Document

Attendance Attendance Policies Lack of Communication Lack of Documentation Virtual Workers Establish a written policy Document Document Document Document Document Document Document Document

Managing Employees Legally Establishing Job Standards –J–Job Descriptions –J–Job Assignments and the Law –D–Dealing with Performance Problems Document Document Document Document Document Document Document Document

Performance Reviews When can performance reviews cause legal problems How to reduce vulnerability Biggest DANGER – not being honest with the employee Document Document Document Document

Dress Codes What we can require/prohibit What can cause problems

Monitoring Employee’s … Right to Privacy … Searches … Telephone Calls … Cell-phone Policies … … Regulating internet use

Legally Handling Attitude Problems Most common types Insubordination, argumentative, personality conflicts, chronic complainers, and employees that never do anything bad in front of their supervisors. Document Document Document Document

Dealing with Inherited Employee Problems 1.Explain the new ground rules 2.Establish a reasonable time frame for compliance (if changing standards) or explain effective date for new policies 3.Monitor progress closely 4.Praise them if they improve 5.Terminate them if they don’t meet standards

Evaluating the Problem with Your Employees  Is it really important? What would happen if you did nothing?  Determine “why”. Why is their attitude bad: lack of training, incapable, can’t vs. won’t do, personal problems.  Did you cause the problem? Insensitivity? Conflicting demands? Lack of training? Management style?  Examine the consequence(s) of the desired performance. More work? No meaningful consequence.  After examining all of the above: 1. Explain the problem to the employee 2. Explain the consequences to the employee and the org. 3. Utilize constructive feedback techniques 4. Be honest, have a heart to heart discussion.

Disciplinary Procedures and the Law Two conditions necessary to be effective –Tell them WHAT you expect –Tell them WHY you expect it 4 keys to effectively implement or change a rule, policy or regulation –Must communicate the change –Explain the reason for the change –When effective? –Must be consistently enforced Document Document Document Document

EFFECTIVE DISCIPLINE Must be with warning – no surprises Must be immediate Must be consisitent Must be impersonal Document Document Document Document

Discipline Procedure 1.Friendly Warning 2.Verbal Warning 3.1 st Written Warning 4.2 nd Written Warning (if applicable) 5.Termination (if applicable) Document Document Document Document

Important Points 1.Be specific 2.Have specific current examples 3.Do NOT have form totally completed; this should be a collaborative effort 4.Ask for input 5.Ask for suggestions for improvement 6.Ask if the employee needs anything from you – be realistic 7.Jointly determine a follow up date 8.Have written form prepared and signed 9.Do not miss a follow up meeting 10.BEWARE of what you put on

Legally Terminating Employees Resignation or discharge? The truth about firing: –Firing poor performers raises morale –Don’t feel bad Checklist for lawful terminations: Was there a written rule or regulation Was the employee informed of it Was the rule administered fairly and consistently Do you have adequate written documentation Have you THOROUGHLY investigated the facts Has the employee been presented with an opportunity to present their side of the story

Ask Yourself Is it fair? Would it seem fair to a judge?

Unemployment Claims in Texas What is the impact on the agency? Who is eligible? What is the process? Believe me – if you have done it right, you are now VERY happy!

QUESTIONS