1. EMPLOYMENT LAW

2. Government regulates employment practices:
Selected
Compensated
Benefits
Accommodate
Children
Disabilities
Terminated

3. Why understand HR Law?
Doing the Right Thing
Limitations
Liabilities

4. EMPLOYMENT AT WILL

5. NINE DON’TS OF INTERVIEWING
DON'T ASK IT!
NINE DON’TS OF INTERVIEWING
If they have kids
Age
Disability
Height, Weight
Maiden name
Arrest records, been convicted
Smokes
AIDS, HIV-Positive
Religion

6. Consistent incompetence.
Violation of company policy
Repeated unexcused absenteeism/tardiness
Physical violence
Drug and alcohol
Illegal acts
Falsified Information

7. WORKERS COMPENSATION

8. OSHA OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION
Conducts inspections and investigations

9. FMLA
FAMILY AND MEDICAL LEAVE ACT

10. FAIR LABOR STANDARDS ACT
Minimum wage
Time and a half (“overtime”)
Children; 14 18

11. UNEMPLOYMENT COMPENSATION “BENEFITS”

12. WARN Worker Adjustment and Retraining Notification Act 60 days
Unforseeable

13. SOCIAL SECURITY ACT
DEATH
DISABILITY
RETIREMENT

14. SO….THAT’S WHAT THAT IS?
FICA

15. ERISA

16. EQUAL EMPLOYMENT OPPORTUNITY EMPLOYER
RACE
RELIGION
COLOR
NATIONAL ORIGIN
AGE
SEX
MARITAL STATUS
DISABILITY
SEXUAL ORIENTATION
VETERAN STATUS
LEGALLY PROTECTED CLASSES

17. AFFIRMATIVE ACTION

18. BFOQ
BONA FIDE OCCUPATIONAL QUALIFICATION

19. ADVERSE DISPARATE IMPACT
DISPARATE TREATMENT
VS.
ADVERSE DISPARATE IMPACT

20. AMERICANS WITH DISABILITIES ACT
REASONABLE ACCOMMODATIONS

21. THE EQUAL PAY ACT (1963)
SEXES

22. ADEA
40 AND OLDER

23. Discrimination and Harassment
Words
Pranks
Signs
Intimidation
Offensive jokes
Physical assaults or contact
Cartoons
Violence
Pictures
Derogatory statements
Posters
jokes

24. Unwelcome sexual. advances, requests for. sexual favors, or other
Unwelcome sexual advances, requests for sexual favors, or other verbal or physical contact of a sexual nature.
SEXUAL HARASSMENT

25. SEXUAL HARASSMENT
QUID PRO QUO
HOSTILE WORK ENVIRONMENT

26. THE FEDERAL PRIVACY ACT
It gives government employees the right to know what is in their employment file, to restrict access to their files, and to fix any mistakes they might find in their files.

27. THE DRUG-FREE WORKPLACE ACT
Fourth Amendment
Some states have passed statutes that regulate drug testing in the private sector.

28. THE EMPLOYEE POLYGRAPH PROTECTION ACT
No lie detectors
It also prohibits
RANDOM testing
of employees.
Exceptions: security, controlled substances, drug firms, private investigators.

29. Why do companies need written policies?

30. Common written policies and rules:
Salaries, wages, and benefits.
Attendance, absences, and punctuality.
Leave – sick leave, vacation time, jury-duty leave, maternity leave, military, *bereavement.
Work schedule and records, breaks, overtime.
5. Expenses and
reimbursement.
Due process.
Probation and review.
Electronic Acceptable Use Policy
Sexual Harassment
Dress code

31. UNION - Promote the welfare of its members.
COLLECTIVE BARGAINING

32. STRIKE VS. LOCKOUT

33. UNION LAWS THE NORRIS-LAGUARDIA ACT (1932) THE WAGNER ACT (1935)
THE TAFT-HARTLEY ACT (1947)
THE LANDRUM-GRIFFIN ACT (1959)