April 28, 2004 Hartford Office (860) Goodwin Square 225 Asylum Street Hartford, CT Boston Office (617) Franklin Street 16 th Floor Boston, MA Southport Office (203) Jeliff Lane Southport, CT Pepe & Hazard LLP Denise I. Murphy Presentation to PLUS EPLI SYMPOSIUM 2004 RISK MANAGEMENT: TRAPS AND TIPS
ADEA (Age Discrimination) ADA (Americans with Disabilities Act) FMLA (Family Medical Leave Act) IRCA (Immigration Reform and Control Act) OSHA (Occupational Safety Health Act) Title VII (Federal Anti Discrimination Law) FLSA (Fair Labor Standards Act) FEDERAL I. THE TRAPS
Anti Discrimination Laws (usually more employee oriented – provides greater protection for employees) State Wage and Hour Laws (often provides criminal as well as civil penalties STATE I. THE TRAPS
REQUIRE AN AUDIT Handbook (contracts) Stress at will (ad nauseum) Avoid Mandatory language TRAIN Sexual Harassment Anti-Harassment Effective policies – when in doubt, go conservative! II. THE TIPS
Exempt vs. Non-Exempt Demonstrate Benefits To Insured Criminal Penalties Motivate Compliance How to Hire Prohibited Questions How to Fire Common Sense and SAFETY PAYROLL PRACTICES