Employment Law Update for Nonprofits
|
|
- Beverly Cannon
- 6 years ago
- Views:
Transcription
1 Employment Law Update for Nonprofits Presented By: James F. Olney, J.D. Senior HR Consultant, Associated Financial Group Suzette Frith Chief Operating Officer, TSE, Inc. Employment Laws in the Workplace Clean Indoor Air Act Drug-Free Workplace Act of 1988 Employee Polygraph Protection Act Employee Retirement Income Security Act (ERISA) Equal Pay Act Fair Labor Standards Act (FLSA) Federal Immigration Reform & Control Act Federal Unemployment Tax Act (FUTA) Health Insurance Portability and Accountability Act (HIPAA) Genetic Information Nondiscrimination Act (GINA) National Labor Relations Act Occupational Safety & Health Act (OSHA) Portal-to-Portal Act Reconstruction Era Civil Rights Statutes Rehabilitation Act of 1973 Social Security Act Military Leave Act of 1994 (USERRA) VETS 100 Minnesota s Human Rights Act Minnesota s Equal Pay for Equal Work Act Minnesota s School Conferences & Activities Leave MNOSHA AWAIR Right to Know Minnesota s Health Insurance and Continuation Minnesota s Workers Compensation Act Minnesota s Child Labor Laws Minnesota s Wage & Hours Laws Minimum Wage Overtime Minnesota s Soc Sec Number Protection Laws Minnesota s Prohibition on Genetic Testing Minnesota s Wage Payment & Deductions Laws Minnesota s Drug Testing Laws Minnesota s Personnel File Laws 1
2 Employment Laws in the Workplace Minnesota s New Hire Reporting Laws Minnesota s Polygraph Laws Minnesota s Lawful Consumable Products Act Minnesota s Record Retention Laws Minnesota s Election Leave Law Minnesota s Jury Duty Law Minnesota Witness Duty Law Minnesota s Election Judge Law Minnesota s Nursing Mothers Law Minnesota s Leave for Civil Air Patrol Service Law Minnesota s Leave for Immediate Family Members of Military Personnel Injured or Killed in Active Service Minnesota s Leave to Attend Military Ceremonies Minnesota s Whistleblower Laws Americans With Disabilities Act (ADA) Civil Rights Act of 1991 Pregnancy Discrimination Act Title VII of Civil Rights Act of 1964 Age Discrimination in Employment Act (ADEA) Consolidated Omnibus Reconciliation Act (COBRA) Older Workers Benefit Protection Act Minnesota s Notice of Employee Rights Minnesota s Bone Marrow Leave Minnesota s Parental Leave Act Minnesota s Sick or Injured Child Care Leave Minnesota / Federal Affirmative Action Requirements EEO-1 Report Executive Order Federal Family & Medical Leave Act (FMLA) Mental Health Parity Act EEO-1 Report Worker Adjustment Retraining Notification Act (WARN) At-Will Employment & EEO / Discrimination Laws 2
3 Employment At-Will Employment is at will in every state (except Montana) The employment relationship may be terminated by either the employee or employer at any time and for any reason - so long as it is not an illegal reason Terms and conditions of employment from hiring to compensation to work schedules to termination are at the employer s discretion Employees are free to accept or reject (i.e. by quitting) the terms and conditions established by the employer Employment Lawsuits Two basic ways to prove a claim: Direct Evidence Circumstantial Evidence The appearance of a wrong reason can be just as bad as actually being wrong Consistency is critical (e.g., attendance) Bad relationships with supervisors is single biggest driver of legal claims 3
4 The Four Ways to Lose an Employment Law Claim 1. Contract theory: Union collective bargaining agreement Handbook statements Oral promises 2. Retaliation Work comp, whistleblowing, OSHA, etc. 3. Violation of Leave Laws or FLSA: The Four Ways to Lose an Employment Law Claim 4. Harassment & Discrimination: Race Military service / Veteran status Color Citizenship/immigration status Religion Union membership Sex/Pregnancy Membership in local HR commission National origin Marital status Disability Receipt of public assistance Age Sexual orientation Ancestry Genetic testing Creed Lawful consumable products 4
5 Wage & Hour Laws Fair Labor Standards Act (FLSA) Minimum Wage Overtime State may have its own minimum wage and overtime rules Minors Volunteers Recordkeeping 5
6 Exempt v. Non-exempt Exempt employees not subject to: Overtime pay Recordkeeping requirements To be Exempt, must pass two tests: Salary Basis test, AND Primary Duties test Salary Basis Test Minimum salary of $455 per week Generally no deductions from salary with limited exceptions Absences for illness (whole day increments only) Absences for personal reasons (whole day increments only) FMLA leave (partial day absences) Restrictions do not apply to paid vacation/sick/pto banks 6
7 Exempt Categories Primary duties must fall into specified categories Executive Administrative Professional Computer Outside Sales People Industry/Position Specific Exemptions Overtime & Hours Worked Overtime = ½ x regular rate Hours worked over 40 (or 48) hours/week Determined on weekly, not payroll, basis All hours worked must be compensated and must be counted toward overtime Calculating hours worked can be difficult Overnight shifts / on-call time Travel time Breaks 7
8 FMLA & State Leave Laws FMLA The FMLA provides an absolute leave right It does not require light duty or accommodations It does not take undue hardship in to consideration 8
9 FMLA Covered employees are those who: Worked for the employer for at least 12 months (need not be consecutive) Worked at least 1,250 hours during previous 12 consecutive months Work at a location with at least 50 employees within a 75 mile radius FMLA Amount of leave 12 weeks in any 12 month period for most leaves Employer must designate 12 month period used to calculate available leave 26 weeks in a single 12 month period to care a service member injured in the line of duty 9
10 FMLA Reasons for leave: Birth, adoption, or placement for foster care of a child Serious health condition of the employee To care for a covered family member with a serious health condition For qualifying exigencies in connection with a covered family member s active military duty To care for a covered family member injured during active duty FMLA Commonly occurring categories of Serious Health Condition: Overnight hospital stay Continuing treatment by health care provider Doctor s visit resulting in more than 3 days of incapacity plus treatment Incapacity due to pregnancy Chronic health conditions 10
11 FMLA Employer should designate leave as FMLA as soon as possible Employee need not ask for FMLA by name PTO, sick leave; STD/LTD; worker s comp Can designate leave as FMLA over employee s objection Retroactive designation is possible Intermittent leave is very difficult to manage and can be easily abused Disability & the ADA 11
12 Basic ADA Protections Cannot discriminate against a qualified individual with a disability regarding: Job application procedures Hiring, advancement, or discharge Compensation, training, or other terms, conditions, or privileges Must provide reasonable accommodations to employees and applicants ADA is to be construed in favor of broad coverage to the maximum extent permissible Definition Of Disability A physical or mental impairment that substantially limits one or more major life activities (mitigating factors are not considered) OR Having a record of such impairment OR Being regarded as having such impairment The physical or mental impairment must last longer than 6 months Do not need to provide reasonable accommodations for regarded as disabilities 12
13 Major Life Activities Caring for oneself Performing manual tasks Walking Breathing Learning Working Seeing Hearing Speaking Sleeping Eating Reading Concentrating Thinking Communicating Standing Lifting Bending Major Bodily Function Reasonable Accommodation A workplace modification or adjustment that enables qualified applicants or employees to be considered for a position, or perform an essential job function, essential job functions are those that the position exists to perform unless undue hardship would result 13
14 Reasonable Accommodation Telecommuting Job restructuring Modifying work schedule Job reassignment New or modified equipment Providing temporary aides Leave of absence Reasonable Accommodation Once requested, employer must engage in interactive process with employee Failure to do so alone can violate law Employee must cooperate with employer s request for medical documentation Employers should always request confirmatory medical information Employer does not have to accept employee s preferred accommodation 14
15 Undue Hardship Significant difficulty or expense incurred with respect to an accommodation Factors to be considered, include: Nature and cost of accommodation Financial resources/size of employer Impact on business operations Good faith efforts to find alternatives Whether employer has provided similar accommodation in the past (precedent) Worker s Compensation 15
16 Work Comp Claims Work comp does not legally require: Leave, light duty, or accommodations Continuation of health and other benefits Work comp system creates strong financial incentives to grant time off and offer light duty FMLA, ADA and COBRA may apply Work comp is no fault Injuries arising out of and in the course of employment Work Comp Claims MNOSHA requires most employers to have an AWAIR program with a formal Safety Committee Notice and Filing First Report of Injury Notify Carrier as soon as you learn of work related injury File even if claim is questionable (if in doubt, file) Employer can only get in trouble for not notifying carrier 16
17 The Importance of Documentation Daily Supervisor s Log Managers must keep a daily employee file that tracks employee performance and significant events Significant events include such things as: a. Conversations about work assignments b. Informal counseling or coaching sessions c. Acknowledgment of a job well done d. Member / coworker complaints or compliments Unemployment / EEOC implications 17
18 Formal Performance Documentation Performance documentation should include: Identification of the objective performance expectation History of previous formal and informal meetings Description of current problem (using fact-based examples and de-escalated language) Identification of measurable resolution Employee signature should be obtained, but isn t legally required Questions? james.olney@associatedfinancialgroup.com sfrith@tse-inc.org 18
NEW 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 informationEmployer Record Retention Requirements
Provided by A Plus Benefits Employer Record Retention Requirements Federal laws, such as the Federal Insurance Contributions Act (FICA), the Fair Labor Standards Act (FLSA) and the Equal Pay Act (EPA),
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 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 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 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 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 informationThis and all documents downloaded from our website are Copyright 2004, 2005, 2006, 2007, 2008, 2012, 2013 Agent 77, Inc.
Thank you for downloading Agent 77 s STATE EMPLOYMENT REGULATIONS FOR MINNESOTA. This form is provided to you as is. As provided, we believe it meets the requirements needed for state compliance, as applicable,
More informationHR 101 Best Practices
HR 101 Best Practices Kim Orsolits, SPHR, SHRM SCP Investment advisory services are offered through CliftonLarsonAllen Wealth Advisors, LLC, an SEC registered investment advisor. Disclaimers The information
More informationThis and all documents downloaded from our website are Copyright 2005, 2006, 2007, 2008, 2012, 2014 Agent 77, Inc.
Thank you for downloading Agent 77 s STATE EMPLOYMENT REGULATIONS FOR IDAHO. This form is provided to you as is. As provided, we believe it meets the requirements needed for state compliance, as applicable,
More informationJennifer Swayze SPHR-CA, GPHR, SHRM SCP, CEBS Employment Law Compliance Analyst. Compliance Risks In Human Resources
Jennifer Swayze SPHR-CA, GPHR, SHRM SCP, CEBS Employment Law Compliance Analyst Compliance Risks In Human Resources The information in these materials, and that provided by the presenter, should not be
More informationFamily and Medical Leave Policy (FMLA) Updated August 2016
Family and Medical Leave Policy (FMLA) Updated August 2016 Babson College complies with the Family and Medical Leave Act of 1993 (FMLA), as amended by the National Defense Authorization Act (NDAA) of 2008
More informationSECTION 24. PERSONNEL RECORDS
Douglas County s Retention Schedule SECTION 24. PERSONNEL RECORDS s relating to the hiring, employment, benefits, compensation, retirement and termination of County employees. General Instructions The
More informationToday s Webinar Brought to
Today s Webinar Brought to you by The Family Medical Leave Act FMLA Compliance Presented by: Michelle Perris - Human Resources Consultant Carol Emge Human Resources Consultant hrconsulting@jwterrill.com
More informationFMLA UPDATES - Applies to companies with 50+ employees within 75 mile radius. (Poster link and policy template included).
FMLA UPDATES - Applies to companies with 50+ employees within 75 mile radius. (Poster link and policy template included). The Department of Labor (DOL) recently amended Family and Medical Leave Act (FMLA)
More informationThis and all documents downloaded from our website are Copyright 2005, 2006, 2008, 2012, 2013, 2014 Agent 77, Inc.
Thank you for downloading Agent 77 s STATE EMPLOYMENT REGULATIONS FOR MARYLAND. This form is provided to you as is. As provided, we believe it meets the requirements needed for state compliance, as applicable,
More informationSizzling in the Summer Kitchen with the Alphabet Soup of Leaves of Absence
Sizzling in the Summer Kitchen with the Alphabet Soup of Leaves of Absence A Live Webinar Event Presented by: Annalee Fay, Manager, ThinkHR Live Hotline Operations Laura Kerekes, Chief Knowledge Officer
More informationEEO regulatory and Reporting
EEO regulatory Compliance and Reporting 800-556-3009 www.careertrack.com DISCLAIMER: The principles and suggestions in this handout and the EEO REGULATORY COMPLIANCE AND REPORTING webinar are presented
More informationFAMILY AND MEDICAL LEAVE POLICY
FAMILY AND MEDICAL LEAVE POLICY Policy It is the policy of Skidmore College to provide its employees time off (paid and unpaid) necessitated by illness or family care in accordance with the federal Family
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 informationThis and all documents downloaded from our website are Copyright 2005, 2006, 2007, 2008, 2009, 2010, 2013, 2014 Agent 77, Inc.
Thank you for downloading Agent 77 s STATE EMPLOYMENT REGULATIONS FOR VIRGINIA. This form is provided to you as is. As provided, we believe it meets the requirements needed for state compliance, as applicable,
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 informationEQUAL EMPLOYMENT OPPORTUNITY
EQUAL EMPLOYMENT OPPORTUNITY AUTHORITY The Equal Employment Opportunity (EEO) Policy is in keeping with Article Ill, Section 3.01 (12) of the City Charter, and is in accordance with the following local,
More informationI Have California Employees. Now What? Brenda S. Kasper, Esq. SHRM-SCP, SPHR-CA
I Have California Employees. Now What? Brenda S. Kasper, Esq. SHRM-SCP, SPHR-CA Eureka! Session Objectives Presentation Title (24 point Calibri; color = white) Understand California employment law differences
More informationNavigating the Turbulent Sea of Leave of Absence Laws in California
Navigating the Turbulent Sea of Leave of Absence Laws in California Presented by: Heffernan Consulting National Certification through the Human Resources Certification Institute (HRCI) as a Senior Professional
More informationFAMILY AND MEDICAL LEAVE (FMLA) POLICY AND PROCEDURE
FAMILY AND MEDICAL LEAVE (FMLA) POLICY AND PROCEDURE PURPOSE: The Family and Medical Leave Act of 1993 (FMLA) allows an eligible employee up to 12 weeks of leave in a 12-month period for a qualifying reason(s).
More informationAUBURN UNIVERSITY. Leave Policies Eligible Employee - Employees eligible for participation in Auburn University leave programs are
AUBURN UNIVERSITY Leave Policies 5.1 Leave 5.2 Definitions & General Provisions: 5.2.1 Eligible Employee - Employees eligible for participation in Auburn University leave programs are a) Those on a regular
More informationThis and all documents downloaded from our website are Copyright 2005, 2006, 2007, 2008, 2009, 2010, 2012, 2013, 2014 Agent 77, Inc.
Thank you for downloading Agent 77 s STATE EMPLOYMENT REGULATIONS FOR COLORADO. This form is provided to you as is. As provided, we believe it meets the requirements needed for state compliance, as applicable,
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 informationThis policy contains guidelines for the provision and use of The Family Medical Leave Act (FMLA).
NORTH GEORGIA HEALTH DISTRICT County Board of Health Personnel Policy #1005 Cherokee, Fannin, Gilmer, Murray, Pickens, Whitfield FAMILY AND MEDICAL LEAVE 1.0 PURPOSE The Family and Medical Leave Act entitles
More informationDeKalb County Government. Family and Medical Leave of Absence ( FMLA ) Policy. Effective January 1, 2010
DeKalb County Government Family and Medical Leave of Absence ( FMLA ) Policy Effective January 1, 2010 1. If you have been employed by DeKalb County Government for at least twelve (12) months (with no
More informationEmployment Law Basics. Why are We Here? 4/4/2017. Learning What to Do and Not Do
Employment Law Basics Learning What to Do and Not Do Why are We Here? Harassment and Discrimination The Americans with Disabilities Act Fair Labor Standards Act Job Descriptions and It s Interplay with
More informationThe Family and Medical Leave Act. Presented by the U.S. Department of Labor Wage and Hour Division
The Family and Medical Leave Act Presented by the U.S. Department of Labor Wage and Hour Division Disclaimer The presentation is intended as general information only and does not carry the force of legal
More informationOREGON DEPARTMENT OF FISH AND WILDLIFE POLICY Human Resources Division
OREGON DEPARTMENT OF FISH AND WILDLIFE POLICY Human Resources Division Title: Family and Medical Leave HR_460_04 Supersedes: HR_460_04 dated November 1, 2010 Applicability: All employees (including temporary
More informationReview Responsibilities: Human Resources
Family Medical Leave Act (FMLA) Review Responsibilities: Human Resources Policy Number: RH-HR-HR-60-06-11 Effective Date: December 2007 I. Purpose II. Origination Date: April 1995 To comply with the provisions
More informationAFFIRMATIVE ACTION PROGRAM FOR INDIVIDUALS WITH DISABILITIES AND FOR PROTECTED VETERANS. Tarleton State University
AFFIRMATIVE ACTION PROGRAM FOR INDIVIDUALS WITH DISABILITIES AND FOR PROTECTED VETERANS Tarleton State University State of Texas Agency Number 713 January 1, through December 31, EEO Contact: Angela Brown,
More informationWEBCAST: EMPLOYMENT BEST PRACTICES FOR THE NON-PROFIT ORGANIZATION
WEBCAST: EMPLOYMENT BEST PRACTICES FOR THE NON-PROFIT ORGANIZATION PANELISTS: STEVE GARRETT, TEXAS A & M RESEARCH FOUNDATION RICHARD I. GREENBERG, JACKSON LEWIS LLP PHILIP B. ROSEN, JACKSON LEWIS LLP MODERATOR:
More informationU.S. Department of Labor
U.S. Department of Labor Employment Standards Administration Wage and Hour Division Employment Standards Administration Wage and Hour Division FMLA Compliant Guide The Family and Medical Leave Act The
More informationMEDICAL LEAVE OF ABSENCE REQUEST FORM
MEDICAL LEAVE OF ABSENCE REQUEST FORM Section 1: For completion by the Employee The FMLA permits an employer to require that you submit a timely, complete, and sufficient medical certification to support
More informationThe Top 5 HR Pitfalls to Avoid for 2015 (including CA Paid Sick Leave) Missionwell Speaker Series June 18, 2015 Steven Adamian, Esq.
The Top 5 HR Pitfalls to Avoid for 2015 (including CA Paid Sick Leave) Missionwell Speaker Series June 18, 2015 Steven Adamian, Esq. Hosted by: Presented by: Introductions Missionwell, LLC Attorney Steven
More informationFAMILY MEDICAL LEAVE POLICY (FMLA)
FAMILY MEDICAL LEAVE POLICY (FMLA) I. Policy Section 6.0 Personnel II. Policy Subsection 6.14 Family Medical Leave Policy III. Policy Statement Grand Rapids Community College will abide by all regulations
More informationTRUEBLUE Inc. and Subsidiaries COMPANY POLICY FAMILY AND MEDICAL LEAVE POLICY
TRUEBLUE Inc. and Subsidiaries COMPANY POLICY FAMILY AND MEDICAL LEAVE POLICY Department Head: Director, Benefits Effective Date: 10/01/09 Approved By: Benefits Department Revised Date: 09/27/2013 I. POLICY
More informationSummary of the Family and Medical Leave Act of 1993
Summary of the Family and Medical Leave Act of 1993 The Family and Medical Leave Act of 1993 (FMLA) was enacted on August, 1993. It requires public agencies to provide up to twelve weeks (60 work days;
More informationLegislative Brief. Pandemic Flu and the Family and Medical Leave Act
Pandemic Flu and the Family and Medical Leave Act If you or your employees are out with the flu or are caring for ill family members, check with the Department of Labor (DOL) for information on whether
More informationThis and all documents downloaded from our website are Copyright 2005, 2006, 2007, 2008, 2012, 2013, 2014 Agent 77, Inc.
Thank you for downloading Agent 77 s STATE EMPLOYMENT REGULATIONS FOR ILLINOIS. This form is provided to you as is. As provided, we believe it meets the requirements needed for state compliance, as applicable,
More informationFMLA and CFRA: Landmines for Employers
NOVAtime Technology, Inc. presents FMLA and CFRA: Landmines for Employers Live Webinar ~ November 4, 2015 Featured Panelist: Marie D. Davis of Landegger Baron Law Group, ALC Exclusively Representing Employers
More informationTHE UNITED STATES DEPARTMENT OF LABOR WAGE AND HOUR DIVISION. For additional information or to file a complaint:
EMPLOYEE RIGHTS UNDER THE FAMILY AND MEDICAL LEAVE ACT THE UNITED STATES DEPARTMENT OF LABOR WAGE AND HOUR DIVISION LEAVE ENTITLEMENTS Eligible employees who work for a covered employer can take up to
More informationTOP TEN EMPLOYMENT LAW ISSUES FOR NONPROFITS
TOP TEN EMPLOYMENT LAW ISSUES FOR NONPROFITS 2015 MCN Annual Conference October 1-2, 2015 Leonard B. Segal SEILER SCHINDEL SEGAL 5901 Cedar Lake Road Minneapolis, Minnesota 55416 952.358.7408 lsegal@seilerschindel.com
More informationReporting a Family Medical Leave Claim:
Reporting a Family Medical Leave Claim: 1. Call your supervisor to report your absence. Failure to contact your supervisor may result in a policy violation. 2. Call CareWorks Absence Management, toll-free,
More informationSOUTH CAROLINA State Laws by Topic
State Laws by Topic AGE Under the South Carolina Human Affairs Law, employers are prohibited from refusing to hire; barring from employment; terminating; limiting, segregating, or classifying; or otherwise
More informationUC Personnel Policies for Staff Members (UC-PPSM) UCOP Human Resources Procedure 43 LEAVE OF ABSENCE October 2001
UC Personnel Policies for Staff Members (UC-PPSM) UCOP Human Resources Procedure 43 LEAVE OF ABSENCE October 2001 Human Resources Procedures 43 LEAVE OF ABSENCE I. POLICY REFERENCES UC-PPSM 41, Vacation
More informationAdministering the FMLA and the ADAAA: How to Avoid Costly Mistakes
Administering the FMLA and the ADAAA: How to Avoid Costly Mistakes Presented By: Whitney Harmon, Esq. Baker Donelson Bearman Caldwell & Berkowitz WHarmon@bakerdonelson.com Why Are We Here? 3 primary reasons
More informationNew York State Paid Family Leave Frequently Asked Questions (Updated October 17, 2017)
New York State Paid Family Leave Frequently Asked Questions (Updated October 17, 2017) Q: What is New York Paid Family Leave? A: Passed by the state legislature, and signed by Governor Cuomo in April 2016,
More informationEMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT
EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT The NLRA guarantees the right of employees to organize and bargain collectively with their employers, and to engage in other protected concerted activity.
More informationFREQUENTLY ASKED QUESTIONS FAMILY MEDICAL LEAVE ACT (FMLA)
FREQUENTLY ASKED QUESTIONS FAMILY MEDICAL LEAVE ACT (FMLA) SECTION 1: THE BASICS OF FMLA 1. What is the FMLA? The FMLA is a federal law that requires covered employers to provide eligible employees with
More informationINDIANA S MINIMUM WAGE LAW $7.25 PER HOUR EFFECTIVE JULY 24, 2009
INDIANA MINIMUM WAGE INDIANA S MINIMUM WAGE LAW $7.25 PER HOUR EFFECTIVE JULY 24, 2009 Indiana law requires this poster to be displayed in a conspicuous place in the area where employees are employed.
More information(Up to 12 weeks) SERIOUS INJURY OR ILLINESS OF A VETERAN FOR MILITARY CAREGIVER LEAVE
(Up to 12 weeks) SERIOUS INJURY OR ILLINESS OF A VETERAN FOR MILITARY CAREGIVER LEAVE REQUEST FOR FAMILY MEDICAL LEAVE OF ABSENCE (FMLA) (up to 12 weeks) TABLE OF CONTENTS Medical Leave of Absence Requirements
More informationHuman Resources Guidebook
Human Resources Guidebook Steven M. Bragg Chapter 1 Introduction to Human Resources... 1 Learning Objectives... 1 Introduction... 1 Topic Overview... 1 Human Resources Job Description... 2 The Feedback
More information4 th Annual Section of Labor and Employment Law Conference Chicago, IL November 3-6, 2010
4 th Annual Section of Labor and Employment Law Conference Chicago, IL November 3-6, 2010 FMLA Substantive Rights: Entitlements and Limitations Catherine J. Trafton Associate General Counsel International
More informationPolicy-NYPFL. New York Paid Family Leave (NYPFL)
New York Paid Family Leave (NYPFL) History: Issued: January 1, 2018 Revised: January 1, 2018 Related Policies: Family Medical Leave Act (FLMA), Disability Policy Applies to: All Faculty & Staff Responsible
More informationCurbing FMLA Leave Abuse
Curbing FMLA Leave Abuse HR Florida 2008 Conference & Expo. David S. Mohl, Esq. Senior Employment Attorney Willis August 27, 2008 Our Focus What is the FMLA 3 main themes of FMLA Up to 12 weeks (26 weeks
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 informationOverview of the Family and Medical Leave ActLeave Act. Welcome! We will get started shortly.
Overview of the Family and Medical Leave ActLeave Act Welcome! We will get started shortly. Disclaimer Information conveyed in this presentation should not be construed as legal advice. Information provided
More informationKumon Employee Manual
Kumon Employee Manual i Kumon Employee Manual Sumiya Pirbhai TECM 2700 05/03/13 Table Of Contents iii Table of Contents Contents Table of Contents... iii Introduction... v Handbook Overview... v Federal
More informationIntersections between Workers Compensation, the ADA, and FMLA
Intersections between Workers Compensation, the ADA, and FMLA When an employee seeks leave from work an employer must decide if, and how ADA, (ADAA), FMLA, and or Workers Compensation laws will apply and
More informationUNIVERSITY OF CALIFORNIA, MERCED AMERICANS WITH DISABILITY (ADA) POLICY
UNIVERSITY OF CALIFORNIA, MERCED AMERICANS WITH DISABILITY (ADA) POLICY RESPONSIBLE OFFICIAL : Assistant Vice Chancellor for Human Resources and Labor Relations EFFECTIVE DATE : July 1,2011 REVISION NUMBER
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 informationMESA PUBLIC SCHOOLS. Information regarding the Family & Medical Leave Act and long-term leaves
MESA PUBLIC SCHOOLS Information regarding the Family & Medical Leave Act and long-term leaves CONTENTS Introduction...1 Family and Medical Leave (FMLA)...2 Long-Term Health Leave...6 Intermittent Leave...8
More information~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Mission. It is the mission of Skyline CAP to provide a hand up to those in need through actions promoting self-sufficiency.
MISSION STATEMENT ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Mission It is the mission of Skyline CAP to provide a hand up to those in need through actions promoting self-sufficiency. We seek to alleviate the impact of poverty
More informationHuman Resources 101. Audit and Best Practices in Key Areas of HR Function
Human Resources 101 Audit and Best Practices in Key Areas of HR Function What is an HR Audit? Process of examining policies, procedures, documentation, systems and practices with respect to the HR function.
More informationFamily and Medical Leave Act of 1993 (FMLA) Procedures
Family and Medical Leave Act of 1993 (FMLA) Procedures Family and Medical Leave Act (FMLA) The Family and Medical Leave Act (FMLA) is a federal law that provides eligible employees up to 12 workweeks or
More informationUNEMPLOYMENT COMPENSATION
UNEMPLOYMENT COMPENSATION WYOMING UNEMPLOYMENT INSURANCE Claims may be led by unemployed workers by telephone or by the Internet. Unemployment insurance taxes are paid by employers. You are insured under
More informationPolicy 4.73 Family & Medical (FMLA)
Policy 4.73 Family & Medical (FMLA) Responsible Official: VP for Human Resources Administering Division/Department: Leaves of Absence Effective Date: March 30, 2007 Last Revision: December 21, 2017 Policy
More informationOverview of Labor Laws Affecting Montana Employers. Presented to Montana Lodging and Hospitality Association
Overview of Labor Laws Affecting Montana Employers Presented to Montana Lodging and Hospitality Association Overview Montana is one of the states that has laws which often set higher standards than federal
More informationPARENTAL LEAVE ACT A GUIDE TO MINNESOTA S LAWS ABOUT PARENTAL LEAVE
PARENTAL LEAVE ACT A GUIDE TO MINNESOTA S LAWS ABOUT PARENTAL LEAVE PARENTAL LEAVE Employees may take up to 12 weeks of unpaid leave upon the birth or adoption of their child when: 1. they work for a company
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 informationHuman Resources Guidebook
Human Resources Guidebook 2 nd Edition Steven M. Bragg Chapter 1 Introduction to Human Resources... 1 Learning Objectives... 1 Introduction... 1 Topic Overview... 1 Human Resources Job Description... 2
More informationEMPLOYMENT ISSUES FOR FEDERAL CONTRACTORS: 2017 AND BEYOND
EMPLOYMENT ISSUES FOR FEDERAL CONTRACTORS: 2017 AND BEYOND THOMAS CUNNINGHAM Direct Number: (515) 283-8176 Facsimile: (515) 283-3108 E-Mail: tmc@nyemaster.com 700 Walnut, Suite 1600 Des Moines, IA 50309-3899
More information2016 Employee Benefits Webinar Series An Employer s Guide to FMLA and COBRA
2016 Employee Benefits Webinar Series An Employer s Guide to FMLA and COBRA February 18, 2016 Stacy H. Barrow Marathas Barrow & Weatherhead LLP sbarrow@marbarlaw.com Agenda Family Medical Leave Act (FMLA)
More informationUNIVERSITY OF HOUSTON SYSTEM ADMINISTRATIVE MEMORANDUM. SECTION: Human Resources NUMBER: 02.D.06
UNIVERSITY OF HOUSTON SYSTEM ADMINISTRATIVE MEMORANDUM SECTION: Human Resources NUMBER: 02.D.06 AREA: Leave Entitlement SUBJECT: Family and Medical Leave 1. PURPOSE The University of Houston System provides
More informationPreliminary Questions
John L. Knorek, Esq. Jennifer L. Gitter, Esq. Preliminary Questions 1) Should you have a handbook? 2) What is your corporate culture? 3) Trash the old, build a new house, or just remodel? 4) Hard copy
More informationEmployee Engagement, Job Satisfaction, Commitment and Legal Issues Facing HR
Employee Engagement, Job Satisfaction, Commitment and Legal Issues Facing HR A guide to understanding, measuring and increasing engagement in your organization while reviewing statistics and discussing
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 informationUNIVERSITY OF HOUSTON SYSTEM ADMINISTRATIVE MEMORANDUM. SECTION: Human Resources NUMBER: 02.E.09
UNIVERSITY OF HOUSTON SYSTEM ADMINISTRATIVE MEMORANDUM SECTION: Human Resources NUMBER: 02.E.09 AREA: Miscellaneous Benefits SUBJECT: Reasonable Workplace Accommodations for Employees With Disabilities
More informationMEDICAL COVERAGE - FIRST STAFF BENEFITS
2018 TABLE OF CONTENTS Medical Coverage First Staff Benefits 2 Medical Plan Options & Enrollment Information 4 401(k) Plan 13 Sick Leave 14 FMLA 17 Paid Family Leave 29 Short Term Disability 30 Americans
More informationBringing Employees Back to Work:
Bringing Employees Back to Work: How to Make Your Program Interactive and Compliant with the ADA September 2015 Lockton Companies Proactively evaluating and managing workers compensation and Americans
More informationChapter 9 Attracting and Retaining the Best Employees
Chapter 9 Attracting and Retaining the Best Employees 1 Describe the major components of human resources management. 2 Identify the steps in human resources planning. 3 Describe cultural diversity and
More informationWISCONSIN BONE MARROW AND ORGAN DONATION LEAVE ACT
WISCONSIN BONE MARROW AND ORGAN DONATION LEAVE ACT WISCONSIN BONE MARROW AND ORGAN DONATION LEAVE ACT Section 103.11, Wisconsin Statutes, requires all employers with 50 or more employees to display a copy
More information670 Diversity, Equal Employment Opportunity, and Affirmative Action
Employee Relations ELM 17.15 Contents 670 Diversity, Equal Employment Opportunity, and Affirmative Action 671 Diversity Overview 672.1 All employees share responsibility for achieving the Postal Service
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 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 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 informationPOLICY LEAVE OF ABSENCE (FAMILY, MEDICAL, DISABILITY)
I. POLICY CB Richard Ellis, Inc. (hereinafter CBRE or the Company ) provides employee leaves of absence ( LOA ) for family, medical, disability-related reasons, including: Family Medical Leave Act, including
More informationJob Title: Human Resources Director Class: Exempt. Department: Human Resources Range: 18 DOE
Rural Alaska Community Action Program, Inc. Position Opening In and Out of House 03/01/2018 open until filled Location of Job: Anchorage, AK Resume Required with Application (Relocation costs will not
More informationTermination Checklist California Law
Termination Checklist California Law Pull the employee's personnel file. Has the employee signed documents acknowledging his at-will status (e.g., employment application, offer letter, receipt of employee
More informationFrequently Asked Questions Family and Medical Leave Act (FMLA)
Frequently Asked Questions Family and Medical Leave Act (FMLA) SECTION 1: THE BASICS OF FMLA 1. What is the FMLA? 2. Is there a similar state law in Iowa? 3. What sorts of situations are covered by the
More informationFamily and Medical Leave Act (FMLA) Handbook
Family and Medical Leave Act (FMLA) Handbook Revised January 1, 2018 INTRODUCTION The Family and Medical Leave Act of 1993 (FMLA) allows eligible employees to balance their work and family life by taking
More informationCERTIFICATIONS IN HUMAN RESOURCES» ASSOCIATE PROFESSIONAL IN HUMAN RESOURCES. aphr TM EXAM CONTENT OUTLINE
CERTIFICATIONS IN HUMAN RESOURCES» aphr ASSOCIATE PROFESSIONAL IN HUMAN RESOURCES aphr TM EXAM CONTENT OUTLINE aphr TM EXAM CONTENT OUTLINE AT-A-GLANCE aphr TM EXAM WEIGHTING BY FUNCTIONAL AREA» HR Operations
More information