LABOR & EMPLOYMENT UNPAID INTERNS THERE S NO SUCH THING AS A FREE EMPLOYEE
|
|
- Sybil Blake
- 6 years ago
- Views:
Transcription
1 1740 BROADWAY NEW YORK, NY P: IN THIS : As summer approaches, many companies are hiring summer interns, which can prove to be a gray area when it comes to payroll. We have included an article in this issue that reviews guidelines for paid and unpaid interns. Also included are two articles that provide advice and practice tips on protecting an employer from harassment and retaliation claims as well as addressing accommodations for nursing mothers. Unpaid Interns There s No Such Thing as a Free Employee... 1 NYC Employers Have No Defense to Harassment by Supervisors... 2 Federal Protections for Nursing Mothers... 3 D&G Breakfast Seminar Series... 4 D&G Labor & Employment Practice Group Contacts... 5 Our tradition is based on unparalleled client service, individual attention, adding value and a strategic approach to every situation. Previous Davis & Gilbert LLP newsletters can be found at Attorney Advertising UNPAID INTERNS THERE S NO SUCH THING AS A FREE EMPLOYEE As summer approaches, many companies are getting ready for an influx of new personnel summer interns. All too often, summer interns are not paid for their services, as their compensation comes in the form of real-world experience and an entry for their resumes. Many employers assume that as long as the interns receive college credit, they do not need to be paid. This assumption is incorrect. With limited exception, all employees must be paid at least minimum wage under U.S. and state law. However, under guidelines issued by the U.S. Department of Labor (DOL), trainees are not employees and, therefore, do not need to be paid. The DOL and California s Division of Labor Standards Enforcement (DLSE) have recently issued additional guidance on their rules for when interns are not deemed to be employees and therefore need not be paid. While the DOL factors have not changed, the DLSE has changed its factors to fall in line with the DOL s Internship Programs Under the Fair Labor Standards Act In April 2010, the DOL released Fact Sheet #71. In it, the DOL reiterated its six-factor test for whether an internship may rightfully be unpaid. All six of the following criteria must be met for an individual to be a trainee and not an employee: 1. The internship, even though it includes actual operation of the facilities of the employer, is similar to training that would be given in an educational environment; 2. The internship experience is for the benefit of the intern; 3. The intern does not displace regular employees, but works under close supervision of existing staff; 4. The employer that provides the training derives no immediate advantage from the activities of the intern, and on occasion its operations may actually be impeded; 5. The intern is not necessarily entitled to a job at the conclusion of the internship; and 6. The employer and the intern understand that the intern is not entitled to wages for the time spent in the internship. California s DLSE California s DLSE recently modified its rules on unpaid internships. Previously, it used an 11-factor test, which consisted of the six DOL factors and an additional five factors. In April, the >> continued on pg. 2 1
2 UNPAID INTERNS THERE S NO SUCH THING AS A FREE EMPLOYEE >> continued from page 1 Companies should review their internship programs to ensure compliance with the DOL s standards. DLSE announced that it would follow the DOL s six-factor test and eliminate the additional five factors. Also, the DLSE relaxed its interpretation of the third DOL factor, displacement. While previously the DLSE had strictly interpreted the factor to mean that any work performed by an intern that could have been performed by an employee would not satisfy the factor, now, the agency notes occasional or incidental other work by the intern should not defeat the exemption so long as such work does not unreasonably replace or impede the educational objectives for the intern and effectively displace regular workers. Companies should review their internship programs to ensure compliance with the DOL s standards. If interns do not satisfy all six criteria, the company may be subject to an action for violation of the minimum wage laws, which could include double damages and attorneys fees. NYC EMPLOYERS HAVE NO DEFENSE TO HARASSMENT BY SUPERVISORS On May 6, 2010, the New York Court of Appeals held that the Faragher-Ellerth affirmative defense to employer liability for unlawful harassment does not apply to harassment and retaliation claims under the New York City Human Rights Law (NYCHRL). As a result, a New York City employer will be liable for unlawful harassment by supervisors, even if the company takes reasonable steps to prohibit unlawful harassment and even if the company had no way of knowing that the harassment was occurring. However, an employer s anti-discrimination policies and procedures may be considered in mitigation of the amount of civil penalties or punitive damages recoverable in a civil action. The decision, captioned Zakrzewska v. New School, is the latest in a line of cases holding that the protections of the NYCHRL are much more broad than those under Title VII and New York State law. The Faragher-Ellerth affirmative defense was created by the U.S. Supreme Court in It held that an employer is not liable under Title VII for sexual harassment committed by a supervisory employee that did not result in a tangible adverse action if the employer took reasonable care to prevent and promptly correct any sexually harassing behavior and the plaintiff unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer. The Faragher-Ellerth affirmative defense provides employers with a second chance as long as they take immediate steps to correct harassing behavior. That second chance was taken away by the Zakrzewska decision. The court first noted that according to its text, the NYCHRL imposes liability on an employer in three instances: 1. where the offending employee exercised managerial or supervisory responsibility; 2. where the employer knew of the offending employee s unlawful discriminatory conduct and acquiesced in it or failed to take immediate and appropriate corrective action; and 3. where the employer should have known of the offending employee s unlawful discriminatory conduct but failed to exercise reasonable diligence to prevent [it]. The Zakrzewska court also noted that the legislative history of the 1991 revision of the NYCHRL indicates an intention to impose strict liability in the employment context for acts of managers and supervisors. In addition, the court determined that the city law was >> continued on pg.3 2
3 NYC EMPLOYERS HAVE NO DEFENSE TO HARASSMENT BY SUPERVISORS >> continued from page 2 not inconsistent with state law in that both prohibit unlawful harassment. Therefore, the court concluded that the Faragher-Ellerth affirmative defense does not shield a New York City employer from liability under any of the three instances described in the statute. Because employers should always strive to prevent unlawful harassment in the workplace, the Zakrzewska decision should have limited effect on the way companies conduct business in New York City. However, given that an employer s anti-discrimination policies and procedures may mitigate the damages recoverable under the NYCHRL, employers are well advised to have thorough anti-harassment policies and legitimate and effective complaint procedures, and should conduct regular anti-harassment training for all employees, whether they are supervisors or not. In addition, employers should be more vigilant and aggressive in addressing what may seem to be minor instances of unlawful harassment. Companies may face liability for a simple inappropriate sexual comment by a low-level supervisor. Taking a stronger stance against such an offending managerial employee may both reduce the risk of litigation and decrease damages should litigation arise. Although the damages associated with just one inappropriate comment may be negligible, once the company is on notice of this behavior, the next harassing comment by the same employee could be much more costly. Before Zakrzewska, companies could respond to minor unlawful harassment situation with a warning and rely on the Faragher-Ellerth defense. Now, instead of just issuing a warning or corrective action plan for the offending employee, employers may want to respond to these situations with more severe corrective measures such as unpaid suspensions, reduction or elimination of bonuses or even termination. Employers should be more vigilant and aggressive in addressing what may seem to be minor instances of unlawful harassment. Following the recently enacted health care reform law the Patient Protection and Affordable Care Act (PPACA) all employers covered under the Fair Labor Standards Act are now required to provide reasonable break time for nursing mothers and a private space in the workplace to express milk. As we have reported in the past, New York and California already have laws in place regarding break time and lactation areas for nursing mothers, as do other states, and, therefore, this new law may not have a large impact on many employers. However, while the new federal requirement is similar to the New York and California laws, it is not identical. Specifically, the PPACA requires that employers provide: 1. reasonable break time, which does not need to be paid, for an employee to express breast milk for her nursing child for one year after the child s birth each time such employee has a need to express the milk; and 2. a place, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public, which may be used by an employee to express breast milk. The new law also provides an exception for small companies. Employers that employ fewer than 50 employees are not subject to the requirements if these requirements would impose an undue hardship by causing the employer significant difficulty or expense when considered in relation to the size, financial resources, nature, or structure of the employer s business. In addition, if a state law has greater protections for nursing mothers than the new federal law, employers must follow the state law requirements. >> continued on pg.4 3
4 >> continued from page 3 Employers should work with nursing mothers to provide the required break time and avoid any discrimination against women who express milk at work. Differences Among the Federal, New York and California Laws While the California, New York and federal laws all require reasonable break time, New York law limits the requirement to three years following birth, the federal law is limited to one year following birth, and the California law has no limit. Importantly, both the New York and California laws require only a reasonable effort to find a private room or other location, while the federal law simply requires a private place (no reasonable effort exception). The federal law, however, does have an exception (to both the break time and private room requirement) for small employers (of under 50 employees) when the requirements would impose an undue hardship. California also has an exception to the break time requirement if to do so would seriously disrupt the operations of the employer. On the other hand, the New York law has no exception and specifically applies to all public and private employers in New York State, regardless of the size or nature of their business. New York Lactation Law Guidelines The New York Department of Labor has issued guidelines for employers to follow in interpreting and complying with the New York law. Of note, New York employers are required to provide written notification of the lactation law to employees who are returning to work following the birth of a child, which may be provided individually or to all employees generally through the employee handbook or posting of the notice in a central location. In addition, the guidelines provide that reasonable unpaid break time is sufficient time to allow the employee to express breast milk, which generally shall be no less than 20 minutes (30 minutes if the lactation room or space is not in close proximity to the employee s work station). In most circumstances, employers must provide unpaid break time at least once every three hours if requested by the employee. >> continued on pg. 5 BREAKFAST SEMINAR SERIES The Fair Labor Standards Act: Demystifying Classifications JULY 2010 Properly classifying your personnel under the The Fair Labor Standards Act (FLSA) is more critical than ever, and the penalties for misclassification are significant. Yet, misclassification remains a prevalent problem. In light of President Obama s infusion of funds into the Department of Labor (DOL) to review and audit companies for FLSA violations and proposed legislation that would heighten employer burden and stiffen penalties for misclassification, it is imperative to review your company s classifications and to take remedial measures where appropriate. To assist you with understanding the ins and outs of this important topic, this program will cover, among other things: > The standards for properly classifying independent contractors, exempt and non-exempt employees, and unpaid interns under the FLSA, > Recent key cases, DOL guidance regarding proper classifications under the FLSA and the risks of and penalties for misclassification, > Proposed legislation, including the Employee Misclassification Prevention Act and the Taxpayer Accountability, and Consistency Act of 2009, and > Best practices for determining how to classify your personnel under the FLSA and reclassify existing employees, where necessary. SPEAKERS: Gregg A. Gilman, Partner/Co-Chair Daniel A. Feinstein, Partner Jessica Golden Cortes, Heath Rosenthal, For details regarding dates and registration, please contact: Jennifer L. Simpson jsimpson@dglaw.com
5 ATTORNEYS AT LAW >> continued from page 4 The guidelines also provide that reasonable effort with respect to providing a room or other space means that a room or other location must be provided so long as it is neither significantly impracticable, inconvenient, or expensive to the employer to do so. Factors used to make such determination include, but are not limited to: > the nature of work performed at the business; > the overall size and physical layout of the business; > the type of facility where the business is housed; > the size and composition of the employer s workforce; > the business general hours of operation and the employees normal work shifts; and > the relative cost of providing a room or other space for the dedicated purpose. Moreover, the room or location provided cannot be a restroom or toilet stall. The guidelines add that an employer who is unable to provide a dedicated lactation room or other location may allow the use of a vacant office or other available room on a temporary basis for the expression of milk, provided the room is not accessible to the public or other employees while the nursing employee is using the room for expression purposes. In addition, as a last resort, an employer who is unable to provide a dedicated lactation room or other location may make available a cubicle with walls at least seven feet tall, provided the cubicle is fully enclosed with a partition and is not otherwise accessible to the public or other employees while it is in use for expression purposes. The room or space provided must contain, at a minimum, a chair and small table, desk, counter, or other flat surface, and employers are encouraged to provide an outlet, clean water supply, and access to refrigeration for the purposes of storing the expressed milk. While many requirements in the health care reform law do not go into effect for months or years, the provision regarding nursing mothers was effective as of the enactment of the law. Employers who have not already done so should designate a room or other suitable private place(s) for use by lactating mothers. Moreover, employers should work with nursing mothers to provide the required break time and avoid any discrimination against women who express milk at work. Finally, employers should take note that the U.S. Department of Labor is expected to issue regulations regarding the federal law in the next few weeks, and they should look for further updates on this subject. CONTACT US 1740 Broadway New York, NY Gregg A. Gilman Co-Chair ggilman@dglaw.com Howard J. Rubin Co-Chair hrubin@dglaw.com Daniel A. Feinstein Partner dfeinstein@dglaw.com Gregg Brochin - Editor gbrochin@dglaw.com Jessica Golden Cortes jcortes@dglaw.com Nordia Edwards nedwards@dglaw.com David J. Fisher dfisher@dglaw.com Shira Franco sfranco@dglaw.com Heath Rosenthal hrosenthal@dglaw.com These summaries are provided for informational purposes only and are not exhaustive. They should not be considered to be legal advice. Accordingly, you should consult an attorney with any questions regarding any of the issues referenced Davis & Gilbert LLP 5
Questions And Answers. Conducting Effective Internal Investigations
Questions And Answers Conducting Effective Internal Investigations Kevin J. Smith and Lindsay R. Colvin Stone Conducting internal investigations in the wake of an employee complaint can be an overwhelming
More informationWhat California Employers Need to Know About April 1, 2016 DFEH AMENDMENTS AND REGULATIONS
What California Employers Need to Know About April 1, 2016 DFEH AMENDMENTS AND REGULATIONS Welcome Business & People Strategy Consulting Group Free Webinar Series Labor, Employment & HR Laws and Practices
More informationLouisiana Society for Human Resource Management
Louisiana Society for Human Resource Management 2017 Regular Session Bills of Interest The following are summaries of bills pending before the Louisiana Legislature during the 2017 Regular Session, and
More informationNEW YORK STATE BAR ASSOCIATION. LEGALEase. Labor and Employment Law. New York State Bar Association 1
NEW YORK STATE BAR ASSOCIATION LEGALEase Labor and Employment Law New York State Bar Association 1 What is Labor and Employment Law? This pamphlet is intended to provide Employers and Employees with general
More informationEMPLOYMENT DISCRIMINATION
EMPLOYMENT DISCRIMINATION Equal Employment Opportunity Commission (EEOC): The federal agency charged with enforcing Title VII of the Civil Rights Act of 1964 and other federal statutes and regulations
More informationTHE LAW. Equal Employment Opportunity is
Equal Employment Opportunity is THE LAW Private Employers, State and Local Governments, Educational Institutions, Employment Agencies and Labor Organizations Applicants to and employees of most private
More informationNavigating California AB 1825 Compliance An inside look at how Ah-Ha! Media s harassment program meets your training mandate
7288.0 Sexual Harassment Training and Education (a) Definitions. For purposes of this section: (1) Contractor is a person performing services pursuant to a contract to an employer, meeting the criteria
More informationSTART UPS AND EMPLOYMENT LAW RISKS. ROBERT PHANSALKER, Esq. Outten & Golden New York, NY
START UPS AND EMPLOYMENT LAW RISKS by ROBERT PHANSALKER, Esq. Outten & Golden New York, NY 119 120 NYSBA Start-Ups and Employment Law Risks New York, New York November 18, 2016 Robert Phansalkar Common
More informationWAGE AND HOUR DEVELOPMENTS THAT AFFECT ALL CALIFORNIA EMPLOYERS
WAGE AND HOUR DEVELOPMENTS THAT AFFECT ALL CALIFORNIA EMPLOYERS By: Nancy Bertrando NBertrando@GreenbergGlusker.com (310) 201-7483 I. MINIMUM WAGE UPDATE A. Federal and State Requirements The current federal
More informationALLEGHENY COUNTY DEPARTMENT OF HUMAN RESOURCES POLICIES AND PROCEDURES
ALLEGHENY COUNTY DEPARTMENT OF HUMAN RESOURCES POLICIES AND PROCEDURES ANTI DISCRIMINATION-HARASSMENT-RETALIATION POLICY AND COMPLAINT AND REPORT PROCEDURE Policy #202 Date Issued: February 1, 2005 Page
More informationKootenai County Bar Association CLE Lunch Presentation Employment and Labor Law Updates and Trends November 5, :30-1:00 p.m.
Kootenai County Bar Association CLE Lunch Presentation Employment and Labor Law Updates and Trends November 5, 2012 12:30-1:00 p.m. Presented by: Scott A. Gingras Winston & Cashatt, Lawyers sag@winstoncashatt.com
More informationEmployment Law Update
SIGNIFICANT CHANGES TO THE FEHA: ARE YOU PREPARED FOR 2015? Kelly A. Trainer, a partner in Burke s Orange County office, represents and advises employers on matters involving numerous federal and state
More informationGENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2017 H 1 HOUSE BILL 366. Short Title: Retail Workers' Bill of Rights. (Public)
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 0 H 1 HOUSE BILL Short Title: Retail Workers' Bill of Rights. (Public) Sponsors: Referred to: Representatives Brockman, Fisher, Harrison, and Holley (Primary
More informationAFFIRMATIVE ACTION PLAN FOR PROTECTED VETERANS
UNIVERSITY OF OREGON AFFIRMATIVE ACTION PLAN FOR PROTECTED VETERANS March 1, 2016 February 28, 2017 Office of Affirmative Action & Equal Opportunity 677 E. 12 th Avenue, Suite 452 5221 University of Oregon
More informationAFFIRMATIVE ACTION PROGRAM JACKSONVILLE STATE UNIVERSITY March 2009
AFFIRMATIVE ACTION PROGRAM JACKSONVILLE STATE UNIVERSITY March 2009 JACKSONVILLE STATE UNIVERSITY AFFIRMATIVE ACTION PROGRAM TABLE OF CONTENTS As of March, 2009 Page Number: Title: 1. Title Sheet, Affirmative
More informationUpdates in Labor & Employment Law
Updates in Labor & Employment Law June 9, 2016 Employment Law Seminar Bellevue, Washington Presented by: Chelsea Petersen, Partner Emily Bushaw, Associate Perkins Coie LLP Agenda Federal Law Updates DOL
More informationNO JOKE APRIL 1, 2016 CHANGES TO FEHA CREATE MORE LIABILITIES FOR EMPLOYERS
NO JOKE APRIL 1, 2016 CHANGES TO FEHA CREATE MORE LIABILITIES FOR EMPLOYERS Starting on April 1, 2016, employers will face more stringent responsibilities in the workplace, as new regulations will go into
More informationThis page intentionally left blank for duplex printing
This page intentionally left blank for duplex printing Table of Contents Learning Objectives... 1 Introduction... 2 Reflection Activity 1... 2 Responsibilities and Liabilities for Sexual Harassment...
More informationNEW DEVELOPMENTS AT THE DFEH
NEW DEVELOPMENTS AT THE DFEH KEVIN KISH, Director of DFEH and Tina Walker, Regional Administrator April 28, 2017 The California Department of Fair Employment and Housing is the state agency charged with
More informationThe Fair Labor Standards Act
The Fair Labor Standards Act HELPING DEALERS UNDERSTAND UPDATES TO THE WHITE COLLAR EXEMPTIONS AND ENSURE COMPLIANCE WITH OTHER RELEVANT FLSA EXEMPTIONS COMMONLY USED IN EQUIPMENT DEALERSHIPS. 1. Welcome/Overview
More informationEmployment Law 101: Summary of Common Claims
Employment Law 101: Summary of Common Claims Presented by: Jeff Silence, Esq. (licensed in Arizona) 602 248-1079 jxs@jaburgwilk.com We re proud to offer a full-circle solution to your HR needs. BASIC offers
More informationUsing The FMLA, ADA And Company Policies To Manage Absenteeism And Disabilities
Using The FMLA, ADA And Company Policies To Manage Absenteeism And Disabilities March 18, 2009 Presented by: Wendy J. Mellk, Esq. Jackson Lewis LLP 58 South Service Rd., Ste. 410 Melville, NY 11747 (631)
More informationNew Overtime Pay Rule
New Overtime Pay Rule Overview On May 18, 2016, the U.S. Department of Labor (DOL) released its final rule updating overtime requirements for employers. The rule takes effect December 1, 2016 and makes
More informationManaging the Changes in the Fair Labor Standards Act
Managing the Changes in the Fair Labor Standards Act 2016 Summer Conference June 29, 2016 Linda Bond Edwards Linda Bond Edwards Overview of Changes Become effective December 1, 2016; Increases minimum
More informationJune 1, 2000 January 27, 2004; March 21, 2005; July 1, 2007; February 15, 2008; May 04, 2009
I. POLICY 1. CBRE, Inc., referred to herein as CBRE or the Company, is committed to providing its employees with a work environment free from unlawful bias, discrimination and harassment and to promoting
More information500 Pioneer Tower 888 SW Fifth Avenue Portland, OR Phone : Fax :
LL P Employment Law Newsletter 3 rd Quarter July, 2013 500 Pioneer Tower 888 SW Fifth Avenue Portland, OR 97204 Phone : 503-323-9000 Fax : 503-323-9019 www.cosgravelaw.com The Oregon Legislature Has Been
More informationMILITARY LEAVES OF ABSENCE
MILITARY LEAVES OF ABSENCE JEANNE M. SCHERLINCK WILLIAM D. SARGENT GOVERNING LAW There is a comprehensive federal statute governing the rights of employees who leave their employment to serve in the military.
More informationCOUNTY OF ORANGE EQUAL EMPLOYMENT OPPORTUNITY and ANTI-HARASSMENT POLICY AND PROCEDURE (Board Resolution )
COUNTY OF ORANGE EQUAL EMPLOYMENT OPPORTUNITY and ANTI-HARASSMENT POLICY AND PROCEDURE (Board Resolution ) This policy and procedure shall be known as the County of Orange Equal Employment Opportunity
More informationMEMORANDUM. B. Who is a part time employee? Who is an independent contractor?
MEMORANDUM TO: FROM: Brian Begle Denis Potvin DATE: January 28, 2015 RE: Part-time Employees v. Independent Contractors A. Introduction The distinction between a part-time employee and an independent contractor
More informationTHE IMPORTANCE OF EMPLOYEE DISCIPLINE. Reducing Injuries and Avoiding OSHA Citations. By Mark A. Lies II * & Elizabeth Leifel Ash. I.
OPTIMUM Articles Provided by www.osgsafety.com THE IMPORTANCE OF EMPLOYEE DISCIPLINE Reducing Injuries and Avoiding OSHA Citations By Mark A. Lies II * & Elizabeth Leifel Ash I. Introduction The recent
More informationEXEMPT VS. NON-EXEMPT Identifying Employee Classification
EXEMPT VS. NON-EXEMPT Identifying Employee Classification Employee Classification Keeping it all straight The comptroller of a small company notices that her accounting clerk works a lot of overtime. In
More informationNew FEHA Regulations: Best Practices for Employers Phyllis W. Cheng Partner DLA Piper LLP (US) 1
Phyllis W. Cheng Partner DLA Piper LLP (US) 1 Session Objectives Effective April 1, 2016, new amendments to the FEHA Employment Regulations became effective (Cal. Code Regs., tit. 2, 10500 et seq.) Objectives:
More informationRISK CONTROL SOLUTIONS
RISK CONTROL SOLUTIONS A Service of the Michigan Municipal League Liability and Property Pool and the Michigan Municipal League Workers Compensation Fund HARASSMENT IN THE WORKPLACE SEXUAL HARASMENT REDUCING
More informationLaw Firms as Model Employers. A Checklist Concerning Law Firm Personnel Practices: The Basics and Beyond
Law Firms as Model Employers A Checklist Concerning Law Firm Personnel Practices: The Basics and Beyond by T. Jeff Wray Fulbright & Jaworski L.L.P. 1301 McKinney, Suite 5100 Houston, Texas 77010-3095 Telephone:
More informationMINIMUM WAGE AND EARNED PAID SICK TIME FAQS: UPDATED CONTENT (REV. MAY 23, 2017)
INDUSTRIAL COMMISSION OF ARIZONA 800 W WASHINGTON STREET PHOENIX, ARIZONA 85007 (602) 542-4661 DISCLAIMER: This is an unofficial publication of the Industrial Commission of Arizona. All information provided
More informationFEDERAL MINIMUM WAGE $7.25
FEDERAL MINIMUM WAGE EMPLOYEE RIGHTS UNDER THE FAIR LABOR STANDARDS ACT THE UNITED STATES DEPARTMENT OF LABOR WAGE AND HOUR DIVISION FEDERAL MINIMUM WAGE $7.25 Per hour beginning July 24, 2009 Overtime
More informationCommittee Newsletter Fall 2013, Vol. 1 No. 1
Committee Newsletter TABLE OF CONTENTS 101 PRACTICE SERIES ARTICLES Supreme Court Update: University of Texas Southwestern Medical Center v. Nassar By Jeremy M. Brenner ARTICLES Classifying Workers as
More informationSam Houston State University A Member of The Texas State University System
Finance & Operations Human Resources Policy ER-3 Work Schedules & Employee Compensation SUBJECT: PURPOSE: POLICY: Work Schedules & Employee Compensation To provide a standard policy for non-faculty employees
More informationThe New U.S. Pay Equity Laws: Answering the Biggest Questions
The New U.S. Pay Equity Laws: Answering the Biggest Questions Created by Seyfarth s Pay Equity Group How will you remember 2016? As the year of a new president? The year of the Rio Olympics? Perhaps.
More informationLabor & Employment Law Update
, California 92260-4305 Mandatory Supervisory Harassment Training: Status of the Regulations Timothy L. Davis, Esq. * and Kelly A. Trainer, Esq. ** California employers have been waiting for the Fair Employment
More information2014 Brigham Young University Idaho Brigham Young University Idaho
2014 Brigham Young University Idaho 1 2008 Brigham Young University Idaho FAIR LABOR STANDARDS ACT Exemptions and Policy 2014 Brigham Young University Idaho 2 Overview Northwestern University Football
More informationemployee handbooks Must-Have Policies, Policies to Avoid, and More
employee handbooks Must-Have Policies, Policies to Avoid, and More Table of Contents Must-Have Policies for Your Employee Handbook...3 Employee handbooks are an excellent resource for communicating company
More informationEquality and Diversity Policy
Equality and Diversity Policy Author/owner: Principals/Directors Date adopted: Summer 2016 Anticipated review: Summer 2019 Contents 1. Introduction... 3 2. Scope and purpose... 3 3. Roles and responsibilities...
More informationInstitute of International Bankers. An Overview of United States Employment Laws
Institute of International Bankers An Overview of United States Employment Laws Sheppard, Mullin, Richter & Hampton LLP James R. Hays December 2017 Sheppard Mullin Richter & Hampton LLP 2016 Agenda Fair
More informationCalifornia s New Fair Pay Law: What It Means for Your Business
California s New Fair Pay Law: What It Means for Your Business by Christopher Olmsted, Esq. Ogeltree Deakins The California Fair Pay Act (FPA), a state law that codifies the principle that an employee
More informationNEW FEDERAL REGULATIONS REDEFINE EXEMPT EMPLOYEE STATUS
NEW FEDERAL REGULATIONS REDEFINE EXEMPT EMPLOYEE STATUS By: William James Rogers, Esquire Thomson, Rhodes & Cowie, P.C. Introduction On April 23, 2004, the U.S. Department of Labor published in the Federal
More informationRichard C. Rybicki Napa, California (707)
RYBICKI & ASSOCIATES P.C. LABOR AND EMPLOYMENT ATTORNEYS Richard C. Rybicki Napa, California (707) 222-6361 2013 Rybicki & Associates P.C. Many types of hospitality employers: Lodging: Hotels, Resorts
More informationCHAPTER 2 Understanding the Legal Context of Assessment- Employment Laws and Regulations with Implications for Assessment
CHAPTER 2 Understanding the Legal Context of Assessment- Employment Laws and Regulations with Implications for Assessment The number of laws and regulations governing the employment process has increased
More informationjackson lewis Preventive Strategies and Positive Solutions for the Workplace Corporate Diversity Counseling ALL WE DO IS WORK
Corporate Diversity Counseling jackson lewis Preventive Strategies and Positive Solutions for the Workplace ALL WE DO IS WORK Attorneys in our Corporate Diversity Counseling practice bring to bear over
More informationThe Office of Ombudsman for MH/DD
This document is made available electronically by the Minnesota Legislative Reference Library as part of an ongoing digital archiving project. http://www.leg.state.mn.us/lrl/lrl.asp State of Minnesota
More informationEMPLOYMENT APPLICATION PACKAGE #1
A Division of. TECHNICOM SERVICES, INC. EMPLOYMENT APPLICATION PACKAGE #1 Pre-Employment Application Form 1 SECTION I PERMISSIONS AND AGREEMENTS 1. Background Check Permission for Prospective or Current
More informationChapter 2. Title VII of the Civil Rights Act of Statutory Basis. A Historic Rights Act 1/12/2009
Employment Law for Business, 6 th ed. Bennett-Alexander Chapter 2 Title VII of the Civil Rights Act of 1964 Copyright 2007 by The McGraw-Hill Companies, Inc. All rights reserved. Statutory Basis a. It
More informationNew Overtime Regulations and Common Wage and Hour Challenges
and Common Wage and Hour Challenges MOLLY CHERRY* OCTOBER 18, 2016 *Certified Labor and Employment Law Specialists OVERVIEW New Overtime Rule and Current Exemptions Options for Complying with Overtime
More informationMINNESOTA BOARD OF ARCHITECTURE, ENGINEERING, LAND SURVEYING, LANDSCAPE ARCHITECTURE, GEOSCIENCE AND INTERIOR DESIGN (AELSLAGID)
This document is made available electronically by the Minnesota Legislative Reference Library as part of an ongoing digital archiving project. http://www.leg.state.mn.us/lrl/lrl.asp STATE OF MINNESOTA
More informationFlorence October 29 November 2, 2014 LABOUR LAW COMMISSION OUTSOURCING, SUBCONTRACTING AND STAFF LEASING
58 th UIA CONGRESS Florence October 29 November 2, 2014 LABOUR LAW COMMISSION Saturday, 1 November 2014 OUTSOURCING, SUBCONTRACTING AND STAFF LEASING Hervé Duval - KGA Avocats 44, avenue des Champs-Elysées
More informationDelta Dental of Michigan, Ohio, and Indiana. Compliance Plan
Delta Dental of Michigan, Ohio, and Indiana Compliance Plan Procedure #: 420-29 Issue Date: 5/15/2013 Last Revised Date: 5/23/2016 Last Review Date: 5/23/2016 Next Review Date: 5/23/2017 Title: Compliance
More informationManaging Medical Issues In The Workplace: The FMLA and ADA. Sarah K. Willey
Managing Medical Issues In The Workplace: The FMLA and ADA Sarah K. Willey www.millerjohnson.com 2 The materials and information have been prepared for informational purposes only. This is not legal advice,
More informationDisciplinary Actions, Suspension and Dismissal
Section 7, Page 1 Contents: Policy Covered Employees Definitions Just Cause for Disciplinary Action General Provisions Unsatisfactory Job Performance Grossly Inefficient Job Perform/Unacceptable Personal
More informationPolicy 4.40 Fair Labor Standards Act (FLSA)
Policy 4.40 Fair Labor Standards Act (FLSA) Responsible Official: VP for Human Resources Administering Division/Department: Compensation Effective Date: May 07, 2007 Last Revision: July 15, 2014 Policy
More informationAccommodation and Compliance Series
Accommodation and Compliance Series Employees Practical Guide to Requesting and Negotiating Reasonable Accommodations Under the Americans with Disabilities Act Preface The Job Accommodation Network (JAN)
More informationHuman Resource and Labor Laws
Human Resource and Labor Laws About your Speaker Michelle has been working in the human resource profession for over 20 years and is the founder and owner of HR Synergy, LLC. HR Synergy, LLC provides outsourced
More informationa do bolo Affirmative Action Plan State ofminnesota ' University Avenue SE #320 Minneapolis, MN 55414
This document is made available electronically by the Minnesota Legislative Reference Library as part of an ongoing digital archiving project. http://www.leg.state.mn.us/lrl/lrl.asp :, {J r, 0 0 5 ~..
More informationGENERAL HUMAN RESOURCES AND PAYROLL ADMINISTRATION PROCEDURES
GENERAL HUMAN RESOURCES AND PAYROLL ADMINISTRATION PROCEDURES PURPOSE: To provide information and direction to employees regarding human resources and payroll processes and procedures and to ensure efficiency
More informationDetermining Full-Time Employee Status for Purposes of the Employer Shared Responsibility Provisions under PPACA
Revised April 2017 Determining Full-Time Employee Status for Purposes of the Employer Shared Responsibility Provisions under PPACA Knowing who is considered to be a full-time employee matters not only
More informationThe section regarding EEO Counselors is being revised. Please contact the EEO Office for further information.
3.000 Equal Employment Opportunity - Departmental Roles and Responsibilities The Director establishes policies on nondiscrimination and is responsible for the overall implementation of the departmental
More informationAngelo State University Operating Policy and Procedure
Angelo State University Operating Policy and Procedure OP 52.31: Multiple State Employment and Other Outside Employment DATE: January 23, 2017 PURPOSE: REVIEW: The purpose of this OP is to establish policy
More informationFunctional Area #2 Employment & Employee Relations P1
EMPLOYMENT & EMPLOYEE RELATIONS Presented by: Gina de Miranda, M.A., SPHR-CA, SHRM-SCP TPO Bilingual Consultant PHRca Instructor ginad@tpohr.com Employment & Employee Relations EXAM-SPECIFIC OVERVIEW Getting
More informationPaylocity Compliance Training Course Catalog
Paylocity Compliance Training Course Catalog Paylocity s Compliance Training Portfolio is designed to provide you and your team members with the training and awareness of the federal and state laws and
More informationLabor Law Litigation
Labor Law Litigation Who Will the WHD Target in FY 2013? Summary According to its FY 2013 Congressional Budget Justification, the Department of Labor s Wage and Hour Division has identified priority initiatives
More informationEQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION POLICY UNDER EXECUTIVE ORDER 11246
468 N. Rosemead Blvd. Pasadena, CA 91107 Fax 626.351.8880 Telephone 626.351.8800 EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION POLICY UNDER EXECUTIVE ORDER 11246 A. Statement of Policy. In order
More informationSection II. Employment
Section II. Employment Please refer to SPG-4201/BA Filling Authorized, Vacant Regular Positions for more information on recruitment and employment. A. Employment Status and Compensation 1. Regular Employees
More informationFederal Law Update. The New FLSA Overtime Exemption Rules. AIM HR Solutions. Presented by : Russ Sullivan. www. aim net. org
Federal Law Update The New FLSA Overtime Exemption Rules Presented by : Russ Sullivan AIM HR Solutions @AIMHRSolutions #AIMHR blog.aimnet.org www. aim net. org 617. 262. 1180 Session Overview Challenges
More informationHR COMPLIANCE CHECKLIST HIRING PRACTICES
HR COMPLIANCE CHECKLIST This checklist features key steps for evaluating your practices in order to keep your bank HR compliant. i HIRING PRACTICES All job postings and advertisements include the bank
More informationPamela H. Salgado. Focus Areas. Overview
Shareholder One Union Square 600 University Street, Suite 3200 98101 main: (206) 623-3300 direct: (206) 381-4928 fax: (206) 447-6965 psalgado@littler.com Focus Areas Discrimination and Harassment Leaves
More informationTHE ANTITRUST COMPLIANCE PROGRAMME OF THE ITALCEMENTI GROUP
THE ANTITRUST COMPLIANCE PROGRAMME OF THE ITALCEMENTI GROUP 1 This document is intended to provide you with the presentation of the Antitrust Compliance Programme ( A.C.P. ) devised and organised, with
More informationCORPORATE SOCIAL RESPONSIBILITY POLICY DÜMMEN ORANGE. Dümmen Orange and its employees shall comply with the Dümmen Orange Code of Conduct.
CORPORATE SOCIAL RESPONSIBILITY POLICY OF DÜMMEN ORANGE 1. INTRODUCTION At Dümmen Orange, we recognize that our activities have an impact on the environment and people locally and globally. Therefore,
More informationCalifornia Healthy Workplace Healthy Family Act of 2014
Presented by J. Gregory Grisham, Esq. 2015 Leitner, Williams, Dooley & Napolitan, PLLC References 1. California Department of Industrial Relations website and related materials (slides 2-25) http://www.dir.ca.gov/dlse/ab1522.html
More informationApprenticeship Programs: Changes. to Equal Employment Opportunity. Regulations. Joint Apprenticeship Training Programs
Insights on recent legal developments and trends affecting Joint Apprenticeship Training Programs Volume 2016-1, January In This Issue New Proposed Regulations for New Proposed Regulations for Apprenticeship
More informationEquality and Diversity Policy
Equality and Diversity Policy Policy Statement BIC Innovation is committed to encouraging diversity and eliminating discrimination in both its role as an employer and as a provider of services. BIC Innovation
More informationBoard of Veterinary Medicine Affirmative Action Plan
State of Minnesota Board of Veterinary Medicine Affirmative Action Plan 2008-2010 2829 University Avenue S.E., Suite 540 Minneapolis, Minnesota 55414-3245 Telephone: 651-201-2844 FAX: 651-201-2842 Website:
More informationCTAS e-li. Published on e-li (http://ctas-eli.ctas.tennessee.edu) February 10, 2018 The Salary Basis Requirement
Published on e-li (http://ctas-eli.ctas.tennessee.edu) February 10, 2018 Dear Reader: The following document was created from the CTAS electronic library known as e-li. This online library is maintained
More informationSOCIAL MEDIA AND THE WORKPLACE
SOCIAL MEDIA AND THE WORKPLACE Presented By: Ronni M. Travers, SPHR, President Public Sector HR Consultants LLC Office: (518) 399-4512 Email: rtravers@publicsectorhr.org Quick Survey of Attendees 1. Who
More informationWHEREAS many employers choose to employ workers on a part-time basis to avoid providing health insurance and other important job-related benefits; and
AN INITIATIVE ORDINANCE OF THE CITY OF SAN JOSE AMENDING TITLE 4 OF THE SAN JOSE MUNICIPAL CODE TO REQUIRE EMPLOYERS TO OFFER HOURS OF WORK TO EXISTING QUALIFIED PART-TIME EMPLOYEES BEFORE HIRING NEW STAFF
More informationSexual Harassment for the HR Professional
Sexual Harassment for the HR Professional We highly recommend that you download the slides prior to the webinar at http://ow.ly/mj25s (case sensitive) Don Phin, Esq. VP, Strategic Business Solutions This
More informationFrequently Asked Questions as published by the Industrial Commission of Arizona.
Frequently Asked Questions as published by the Industrial Commission of Arizona. What is earned paid sick time? Earned paid sick time is sick time accrued by an employee that is compensated at the same
More informationBill 148 Undergoes Significant Amendment: What Does It Mean for Employers? November 2017
Bill 148 Undergoes Significant Amendment: What Does It Mean for Employers? November 2017 Bill 148, the Fair Workplaces, Better Jobs Act, 2017, passed Third Reading in the Ontario Legislature on Wednesday,
More informationPhillip B. Russell March 12, 2013
Title Goes Here Phillip B. Russell 5 th Annual SHRM Jacksonville Conference & Expo Renaissance Resort at World Golf Village Jacksonville, FL March 11-12, 2013 Speaker HR Florida s Counsel Member HR Tampa,
More informationForeword. 1. Implementation Procedure. 2. Working Hours, Wages and Vacation Entitlement. 3. Discrimination. 4. Child Labor and Forced Labor
Social Standards 2 Contents Foreword 3 1. Implementation Procedure 4 2. Working Hours, Wages and Vacation Entitlement 5 3. Discrimination 5 4. Child Labor and Forced Labor 6 5. Conflicts of Interest and
More informationThis and all documents downloaded from our website are Copyright 2005, 2006, 2007, 2008, 2012, 2013 Agent 77, Inc.
Thank you for downloading Agent 77 s STATE EMPLOYMENT REGULATIONS FOR INDIANA. This form is provided to you as is. As provided, we believe it meets the requirements needed for state compliance, as applicable,
More informationLegal Issues in Human Resources Management
Legal Issues in Human Resources Management Mia Belk Counsel Office of the General Counsel December 1, 2011 1 Be prepared Overview Five basic steps to remember Labor & employment hot spots Settlements 2
More informationGuide to Navigating the Proposed Overtime Regulations
Guide to Navigating the Proposed Overtime Regulations Table of Contents Section I Introduction 2 Section II The FLSA: Let s Get Back to Basics 3-6 -FLSA Coverage -Enterprise Rule -Individual Employee Coverage
More informationHow to... Manage redundancies. A quick and easy reference guide on the basics
How to... Manage redundancies A quick and easy reference guide on the basics 1 Top tips on making redundancies 1. Identify whether a redundancy situation exists 2. Consider alternatives don't conclude
More informationUpdating Your Employee Handbook
Updating Your Employee Handbook Presented by: Tracy A. Leahy and Nitya S. Lohitsa March 18, 2014 REASONS FOR EMPLOYMENT HANDBOOK Prevent Litigation Communication Tool for Employees Provide Clear Expectations
More informationINTERNSHIP GUIDE FOR EMPLOYERS CAREER DEVELOPMENT CENTER
INTERNSHIP GUIDE FOR EMPLOYERS CAREER DEVELOPMENT CENTER TABLE OF CONTENTS Introduction..... 1 Checklist... 2 Internship Posting Criteria... 3 Recruiting and Selecting an Intern... 4 Orienting Your Intern...
More informationCONFIRMATION OF TRAINING FOR DISCRIMINATION AND HARASSMENT
CONFIRMATION OF TRAINING FOR DISCRIMINATION AND HARASSMENT By signing this document, I confirm that I participated in a training session regarding Discrimination and Harassment, including Sexual Harassment,
More informationHR Compliance Updates for 2017 The Executive's Roadmap to Best-in-Class HR Strategy
HR Compliance Updates for 2017 The Executive's Roadmap to Best-in-Class HR Strategy 2017 TriNet Group, Inc. All rights reserved. Reproduction or distribution in whole or part without express written permission
More informationFamily and Medical Leave Act. and Employee Relations Issues
1 Family and Medical Leave Act and Employee Relations Issues Audrey Moore, Assistant Attorney General, Employment Litigation Bureau, Office of the Attorney General How Do I Know What To Do? The statute
More informationThis and all documents downloaded from our website are Copyright 2005, 2006, 2008, 2012, Agent 77, Inc.
Thank you for downloading Agent 77 s STATE EMPLOYMENT REGULATIONS FOR IOWA. This form is provided to you as is. As provided, we believe it meets the requirements needed for state compliance, as applicable,
More information