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: ROBERT AMBERG, RETIREMENT HOUSING FOUNDATION A presentation of the ACC Copyright 2005,
2 Title VII of the Civil Rights Act of 1964 Prohibits discrimination based upon: Race Color Religion Sex or National Origin Applies to employers with 15 or more employees
3 Pregnancy Discrimination Act Discrimination on the basis of pregnancy, childbirth or related medical conditions is unlawful discrimination under Title VII Hiring Pregnancy and Maternity Leave Health Insurance Fringe Benefits
Religious Accommodation 4 Title VII requires an employer to reasonably accommodate the religious practices of an employee or prospective employee, unless doing so would create an undue hardship for the employer. e.g. Leave for religious observances Time and/or place to pray Ability to wear religious garb
Age Discrimination in Employment Act 5 Prohibits discrimination against individuals age 40 or older with respect to any condition or privilege of employment Applies to employers with 20 or more employees
Americans with Disabilities Act of 1990 Prohibits discrimination on the basis of disability, perceived disability or history of disability Applies to employers with 15 or more employees 6
Americans with Disabilities Act of 1990 Reasonable accommodations for qualified employees 7
Family and Medical Leave Act of 1993 Requires covered employers to provide employees with up to 12 weeks of unpaid/family medical leave of absence each year for: Serious health condition of employee Birth/adoption of child Serious health condition of family member Applies to employers with 50 or more employees 8
What is Sexual Harassment? 9 Unwelcome sexual advances and requests for sexual favors Repeated offensive behavior of a sexual or gender-based nature Quid Pro Quo Harassment Hostile Environment Harassment Principles apply to harassment based on other protected classifications
Always Watch For Additional State Law Protections 10
Fair Labor Standards Act Federal Minimum Wage: $5.15/hour Overtime: 1 ½ times the regular rate of pay for all hours over 40 hours in a work week 11 New York Law - $6.00 per hour
Volunteers 12 Volunteers are permissible in the non-profit setting as long as they are performing traditional volunteer work Penalties for misclassification potentially include: Back wages Tax penalties Retroactive benefits -- plan language is vital
Fair Labor Standards Act 13 Major Exemptions: Executive Administrative Learned Professional Creative Professional Outside Sales Computer Professional Major Areas of Misclassification Administrative Assistants Telemarketers and Other Inside Sales Personnel Tech Personnel
Attendance and Leave Issues FMLA ADA State Laws Additional Leave Laws Workers Compensation Short-term Disability 14
Attendance and Leave Issues, cont. Importance of Developing Policies and Integrating Policies Consistency. 15
Discipline and Termination A. Discipline Performance Reviews Progressive Discipline Timely, Consistent, Impartial 16
Discipline and Termination 17 B. Termination At-Will Employment Thorough Investigation and Documentation Discharge Meeting Releases Post Termination Procedures
Best Practices In Hiring 18 It All Starts With The Employment Application An at-will statement A statement certifying the applicant was truthful A statement that the applicant must abide by all rules and policies or be subject to termination A statement indicating whether job requires a post job offer medical examination, a substance abuse screening, a background check, etc.
Best Practices In Hiring, cont. Permissible Interview Questions Background Check -- Fair Credit Reporting Act Consumer Reports Investigative Consumer Reports Arbitration Agreements Drug Testing 19
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