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Overview Of United States Labor Laws

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Title: Overview Of United States Labor Laws


1
Overview Of United States Labor Laws
  • Heller Ehrman LLP James R. Hays

2
The Employer-Employee Relationship Is Among
The Most Regulated Of All Areas
3
Fair Employment Practices Acts
  • Federal Laws
  • State Laws
  • Local Laws

4
Federal Laws
  • Title VII of the Civil Rights Act of 1964
  • Equal Pay Act of 1963
  • Age Discrimination in Employment Act
  • Civil Rights Act of 1866
  • Americans With Disability Act
  • Immigration Reform and Control Act of 1986
  • Laws Affecting Federal Contractors

5
Title VII of the Civil Rights Act of 1964
  • A person engaged in an industry affecting
    commerce who has fifteen or more employees for
    each working day in each of twenty or more
    calendar weeks in the current or proceeding
    calendar year.

6
Title VII of the Civil Rights Act of 1964
  • Under Title VII, an employer may not discriminate
    against an individual on the basis of an
    individuals race, color, religion, sex,
    pregnancy or national origin.
  • Title VII expressly prohibits discrimination in
    connection with the hiring and discharge of an
    employee and with respect to his or her
    compensation, terms, conditions, or privileges of
    employment.

7
Title VII of the Civil Rights Act of 1964
  • An employer may not limit, segregate or
    classify employees based on any of the
    prohibited categories listed above, if doing so
    would deprive or tend to deprive an individual of
    employment opportunities or otherwise affect his
    or her status as an employee.

8
Age Discrimination in Employment Act
  • A person engaged in an industry affecting
    commerce who has twenty or more employer for each
    working day in each of twenty or more calendar
    weeks in the current or proceeding calendar year.

9
Age Discrimination in Employment Act
  • The ADEA prohibits an employer from
    discriminating against employees or prospective
    employees age 40 and older.
  • An employer may not refuse to hire, discharge, or
    otherwise discriminate against an individual with
    respect to compensation, terms, conditions, or
    privileges of employment on the basis of the
    individuals age.

10
Age Discrimination in Employment Act
  • An employer also may not, on the basis of the
    individuals age, limit, segregate or classify
    employees when doing so would deprive or tend to
    deprive an individual of employment opportunities.

11
Americans With Disabilities Act
  • A person engaged in an industry affecting
    commerce who has fifteen or more employees for
    each working day in each of twenty or more
    calendar weeks in the current or proceeding
    calendar year.

12
The Americans With Disabilities Act
  • An employer may not discriminate against a
    qualified individual with a disability because
    of such disability in regard to job application
    procedures, hiring, advancement, discharge,
    compensation, training and other terms and
    conditions and privileges of employment.
  • Failure to make reasonable accommodations for the
    employee or denying employment to avoid having to
    make such reasonable accommodations.

13
The Americans With Disabilities Act
  • HOWEVER, an employer need not accommodate an
    individuals disability if to do so would impose
    an undue hardship on the operation of the
    employers business.

14
State Laws
  • State Fair Employment Practices Law
  • Sexual Orientation
  • Martial Status
  • Arrest Records
  • Child Care Responsibilities

15
Basic Principles of Equal Employment Opportunity
  • Applications and employees with equal
    qualifications, skills and abilities must be
    treated equally
  • Employers must be able to provide valid
    business-related reasons for adverse employment
    actions against applicants and employees in a
    protected class
  • Standards that appear to be neutral and apply to
    all applicants may still be discriminatory if
    they impact heavily on protected classes

16
Basic Principles of Equal Employment Opportunity
  • Employment decisions based on stereotypes usually
    led to unlawful results
  • Exception to the rule of equal treatment
    reasonable accommodations required for
    religious practices and the disabled

17
Workplace Harassment
  • Sexual Harassment
  • Other Harrassment

18
Sexual Harassment The Legal Definition
  • Sexual harassment is an unwelcome sexual advance,
    request for sexual favors, or other verbal or
    physical conduct of a sexual nature. Such
    unwelcome conduct is considered illegal if
  • Submission to or rejection of the conduct is made
    explicitly or implicitly a term or condition of
    employment

19
Sexual Harassment The Legal Definition
  • Submission to or rejection of the conduct by the
    individual is used or threatened to be used as
    the basis for employment decisions such as
    hiring, promotion, pay, or termination or
  • The conduct has the purpose or effect of
    unreasonably interfering with an individuals
    work performance or creating an intimidating,
    hostile, or offensive work environment.

20
Other Types of Workplace Harassment
  • Workplace harassment is characterized by any
    derogatory, abusive, threatening or intimidating
    behavior, and/or reference to attributes of race,
    color, religion, national origin, citizenship
    status, age, marital status, sexual orientation,
    or disability. Prohibited harassment includes,
    but are not limited to
  • Intentionally making performance of the
    employees job more difficult because of the
    employees race, color, religion, national
    origin, citizenship status, age, martial status,
    sexual orientation or disability

21
Other Types of Workplace Harassment
  • Severe or pervasive use of ethnic slurs and
    insults, or other verbally abusive, threatening
    or intimidating behavior
  • Physically abusive, threatening or intimidating
    behavior based on one of the aforementioned
    attributes.

22
Hiring Issues
  • Recruitment Process
  • Testing (Skills and Medical)
  • Background Checks
  • Training Interviewer

23
Offer Letters/Employment Contract
  • Legal Requirements
  • Why Have/Why Avoid
  • At-Will Employment Statement
  • Reserve Right To Change Terms/Conditions

24
Offer Letters/Employment Contract
  • Outline Job Duties
  • Alternative Dispute Resolution
  • Salary/Hourly Wage Rate
  • Benefits
  • Employee Handbook
  • Restrictive Covenants

25
Employee Handbook
  • Legal Requirements
  • Why Have/Why Avoid

26
Job Description
  • Legal Requirements
  • Why Have/Why Avoid
  • Updating

27
Employee Handbook
  • At-Will Statement
  • Equal Employment Opportunity
  • Workplace Harassment
  • Work Rules
  • Family and Medical Leave
  • Internet/Email Usage
  • Confidentiality Statement

28
Job Description
  • Job Title
  • Responsibilities
  • Necessary Skills
  • Required Experience
  • Required Credentials

29
Payroll Issues
  • Exempt/Non-Exempt Status

30
The White Collar Exemptions
  • Executive Employee
  • Administrative Employee
  • Professional Employee
  • Computer Employee
  • Highly Compensated Employee

31
Overtime Pay
  • Time and one-half of employees regular rate for
    all hours worked in excess of forty hours in a
    given work week.

32
Leaves of Absence
  • Family and Medical Leave
  • Disability Leave
  • Workers Compensation Leave
  • ADA Reasonable Accommodation Leave
  • Military Leave

33
Family and Medical Leave
  • Any person engaged in commerce or in industry or
    activity affecting commerce who employs fifty or
    more employees for each working day during each
    of 20 or more calendar work weeks in the current
    or proceeding calendar year.

34
Family and Medical Leave
  • Employee Eligibility
  • 12 Months of Employment
  • 1,250 Hours Worked

35
Family and Medical Leave
  • Employee Right
  • 12 weeks of employment protected unpaid leave
    during 12 month period

36
Family and Medical Leave
  • Reasons for Leave
  • Birth or Care of Child/Foster Child/Adoption
  • Care for immediate family member with serious
    medical condition
  • Care for own serious medical condition

37
Americans with Disability Act Reasonable
Accommodation Leave
  • Any change in the work environment or in the way
    the job is performed that enables a person with a
    disability to perform his or her job

38
Termination Issues
  • Fair Employment Practices Acts
  • Legal Liability
  • Progressive Discipline
  • Employment References

39
Fair Employment Practices Acts
  • Title VII of the Civil Rights Act of 1964
  • Equal Pay Act of 1963
  • Age Discrimination in Employment Act
  • Civil Rights Act of 1866
  • Americans With Disability Act
  • Immigration Reform and Control Act of 1986
  • Laws Affecting Federal Contractors

40
Liability
  • Reinstatement
  • Back Pay
  • Compensating Pay
  • Front Pay
  • Punitive Damages
  • Attorneys Fees

41
Progressive Discipline
  • The ACT method of effective performance
    management techniques
  • Accurate
  • Constructive
  • Timely

42
Employment References
  • Dates of Employment
  • Positions Held

43
An Overview Of United States Labor Laws
  • Heller Ehrman LLP
  • James R. Hays

44
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