1. Fair Labor, Family Medical Leave, Residency, Drug Testing, Electronic Monitoring, Digital Imagery, and Social Networking Chapter 14

2. Copyright © 2007 Thomson Delmar Learning Objectives Identify maximum hour limits of the Fair Labor Standards Act (FLSA) and when overtime compensation is required. Define compensatory time and explain guidelines for FLSA comp time.

3. Copyright © 2007 Thomson Delmar Learning Explain firefighter exemption, emergency medical (ambulance) exception, and executive exemption, including the effect of recent changes in laws. Identify what hours are compensable under FLSA. Objectives

4. Copyright © 2007 Thomson Delmar Learning Explain how volunteers are treated under FLSA. Explain the Family Medical Leave Act (FMLA ) and what benefits it provides. Explain the constitutionality of residency requirements. Objectives

5. Copyright © 2007 Thomson Delmar Learning Explain when firefighters can be asked to submit to drug testing. Explain the role that computer and electronic communications policies play in complying with the ECPA. Objectives

6. Copyright © 2007 Thomson Delmar Learning Define spoliation and explain how it impacts taking photos by on-duty personnel. Identify the need for a social networking policy. Objectives

7. Copyright © 2007 Thomson Delmar Learning Fair Labor Standards Act (FLSA) Addresses wage and hour issues –Maximum hours –Minimum wage –Overtime calculations Applicable to state and local employers since 1986

8. Copyright © 2007 Thomson Delmar Learning Volunteers FLSA prohibits employees from volunteering same type of work to their employer –Career FF cannot volunteer as a firefighter, but can volunteer to coach youth baseball team organized by employer

9. Copyright © 2007 Thomson Delmar Learning Maximum Hours General rule –Overtime required after 40 hours –One and one-half normal hourly wage for all hours worked over 40 per week

10. Copyright © 2007 Thomson Delmar Learning Maximum Hours—Exemptions Firefighters 7(k) Exemption –Firefighters can work 53 hours per week before overtime is required –May calculate on sliding scale 212 hours in 28-day period Must be a public agency

11. Copyright © 2007 Thomson Delmar Learning Executive, administrative, and professional exemption –Qualifying personnel are exempt from maximum hours requirements –No requirement that they receive overtime Maximum Hours—Exemptions

12. Copyright © 2007 Thomson Delmar Learning Executive, administrative, and professional exemption –August 2004, new regulations went into effect –29 CFR Sec.541.3 (b)(1) –Line fire personnel are hourly employees Maximum Hours—Exemptions

13. Copyright © 2007 Thomson Delmar Learning Maximum Hours—Calculation Waiting time Sleep time Meal time Break time Training time

14. Copyright © 2007 Thomson Delmar Learning Travel time On-call time –Limitations governing on-duty time has resulted in on-call time –Restrictions governing on-call time Employee must be compensated for on-call time because it restricts time for own personal pursuits Maximum Hours—Calculation

15. Copyright © 2007 Thomson Delmar Learning Additional FLSA Issues Substitutions Medical attention FLSA and workers’ compensation Comp time

16. Copyright © 2007 Thomson Delmar Learning Family Medical Leave Act (FMLA) Passed by Congress in 1993 Allows unpaid leave to eligible employees of 12 weeks per year

17. Copyright © 2007 Thomson Delmar Learning Criteria –Birth and care of newborn child of employee –Adoption or foster care –Care for family member (spouse, child, or parent) with serious medical condition –Serious health condition of employee Family Medical Leave Act (FMLA)

18. Copyright © 2007 Thomson Delmar Learning Residency Requirements Residency requirements have been challenged on a variety of grounds Generally, residency requirements are upheld as rationally related to a legitimate governmental interest –Rational basis standard of review

19. Copyright © 2007 Thomson Delmar Learning Drug Testing Drug testing of public employees is constitutionally permissible without a warrant or probable cause –Must be reasonable

20. Copyright © 2007 Thomson Delmar Learning Considerations –Privacy interests –Extent to which the search intrudes on the employee's privacy –Importance of governmental interest along with ability of procedure used to address that concern Drug Testing

21. Copyright © 2007 Thomson Delmar Learning Electronic Monitorings Electronic Communications Privacy Act (ECPA) of 1986 Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA Patriot Act) of 2001

22. Copyright © 2007 Thomson Delmar Learning Digital Imagery and Social Networking Digital imagery –Embarrassing or violates privacy and/or confidentiality –Photographs and videos as evidence Spoilation –Destruction or loss of evidence

23. Copyright © 2007 Thomson Delmar Learning Digital imagery policy –Proper handling of all images –Procedure for personnel to obtain images Networking –Facebook –Social networking policy Digital Imagery and Social Networking

24. Copyright © 2007 Thomson Delmar Learning Summary Fair Labor Standards Act Family Medical Leave Act Residency Drug testing