human resources and the law

A Division of Rockhurst University Continuing Education Center, Inc.National Seminars Group

Human Resourcesand the Law


Fill in the Blank:1. Protect Your Organization from ____________________________________________2. Be the Compliance_____________________3. Teach Your Supervisors How to_______4. Promote from within by Teaching Managers to ___________________________5. Provide Training to Avoid an _________________________by the E.E.O.C.6. Reduce _________ & Increase __________


Scrambled HR WordsDesrcopreu_______________________________Spoecili___________________________________Bjo Tisopdcrine__________________________Fecromapern WeeRiv____________________Niawrng___________________________________Spicineldi_________________________________Mendoctatiuno___________________________Massnetahr_______________________________Vigenate__________________________________


The Goal

America’s Best 100 Places to Work

Motek Southwest Airlines


“Whatever made you successful in the past, won’t work in the future.”

- Lew PlattFormer CEO of Hewlett Packard


Good Faith & Fair Dealing Policies & Procedures Job Description Performance Evaluation Training Resources Coaching Progressive Discipline


www.eeoc.gov

www.esgr.mil www.osha.gov

www.bls.gov

www.jan.wvu.edu/links/adalinks.htm

www.dol.gov– Poster Page

Important Web Sites

http://www.dol.gov/esa/whdfmla/FedRegNPRM.pdf

http://www.eeoc.gov/








http://www.jan.wvu.edu/links/adalinks.htm




Pay Gap Persists: Women Still Make Less, Study Says

Women Make Only 80% of the Salaries Their Male Peers Do One Year After CollegeWomen Earn Only 69% of What Men Earn After 10 Years

- Ellen Simon, Associated Press


What’s Religion?

Includes all aspects of religious observances and practices as well as belief, or lack of belief

Religious practices include “moral and ethical beliefs as to what is right or wrong which are sincerely held with the strength of traditional religious views.”

EEOC Guidelines


Legal Discrimination

B ona

F ide

O ccupational

Q ualification


Sexual Harassment Training for Managers & Supervisors E.E.O.C. 1 Phone Call = 87 Days of an Investigation Can Be Held Personally Liable for Up to $100,000 Must Take All Complaints Seriously Must Model Appropriate Behavior Must Protect Employees from Vendors, Contractors,

Clients, Temps, etc. No Retaliation


Purpose: ADAThe ADA prohibits employment discrimination against “qualified individuals with disabilities.” A qualified individual with a disability is an individual with a disability who meets the skill, experience, education, and other job-related requirements of a position held or desired, and who, with or without reasonable accommodation, can perform the essential functions of a job.


ADA Requires a Question with Regard to a Reasonable Accommodation

“Can you perform the major functions of the job with or without a reasonable accommodation?”


Group Exercise: Things to Do

Policies & Procedure

Job Descriptions

Performance Evaluations

Safety Training / OSHA Compliance

Training for Managers & Supervisors


Discrimination Case Study:Jerry Lamb - Flight Mechanic In 2001, Lamb reported a racially based

remark made to him by a team leader. In 2003, Lamb filed an Equal Employment

Opportunity Commission charge of racial discrimination alleging that between 2001 and 2003, he applied for approximately 75 positions within the company but was not hired for any of them.

What Do You Think Happened?


Purpose: FMLAEnables eligible employees to take up to 12 workweeks of unpaid, job-protected leave within a 12-month period for medical situations and emergencies, for the birth, adoption, or foster care of a child, for the care of certain family members who have a serious health condition, or to care for the employee’s own serious health condition.


The FMLA is applicable to any employerin the private sector who is engaged incommerce or in any industry or activityaffecting commerce, and who has 50 ormore employees each working day duringat least 20 calendar weeks or more in thecurrent or preceding calendar year.

At a single site or within a75 mile radius

Full-time, part-time or temporary


FMLA – Public Agency Coverage

All public agencies (state and local government) and local education agencies (schools) are covered. These employers do not need to meet the 50 employee test. Most federal employees are covered by Title II of FMLA and are subject to regulations issued by the Office of Personnel Management.

http://www.dol.gov/


FMLA ELIGIBILITYIn order to be “eligible” for FMLA leave, an

employee must: be employed by a covered employer; work at a worksite within 75 miles of which that

employer employs at least 50 employees; must have worked at least 12 months (which do not

have to be consecutive) for the employer; and, must have worked at least 1,250 hours during the 12

months immediately preceding the date of commencement of FMLA leave.


FMLA — Maintenance Of Health InsuranceAn employer must maintain group health benefits that an employee was receiving at the time leave began during periods of FMLA leave at the same level and in the same manner as if the employee had continued to work.


FMLA — Job Restoration When the employee returns from FMLA leave, the

employee is entitled to be restored to the same or an equivalent job.

An equivalent job is one with equivalent pay, benefits, responsibilities, etc.

The employee is not entitled to accrue benefits during periods of unpaid FMLA leave, but must be returned to employment with the same benefits at the same levels as existed when leave commenced.


FMLA — Homework Rolling Calendar (within any 12 month period)

FMLA May Run Concurrently with Worker’s Comp, ADA, Maternity Leave, Short & Long Term Disability

Must Use All P.T.O. (Paid Time Off) First


FMLA — Updates President Bush signed into law a defense authorization

bill that includes provisions amending the Family and Medical Leave Act to provide:

Up to six months of leave for family members caring for military veterans injured while on active duty in the U.S. Armed Forces

12 weeks of leave to family members of armed services personnel called up to active duty under certain circumstances.

The bill was signed on Jan 28, 2008.


FMLA — New Rule Jan. 09

http://edocket.access.gpo.gov/2008/pdf/E8-26577.pdf

(More than 750 pages)

“Constructive Notice” Byrne vs. AvonPhysician’s Assistant - Healthcare

ProviderIdentify the Major Job Functions


Privacy Rule – Covered Entities Health Plans

Health Care Providers

Health Care Clearinghouses

Business Associate


Examples of disclosures that would require an individual’s authorization (HIPAA) Disclosures to a life insurer for coverage purposes

Disclosures to an employer of the results of a pre-employment physical or lab test

Disclosures to a pharmaceutical firm for their own marketing purposes


Worker’s Comp Facts From: Donald McDaniel #89352

The Top 3 Reasons for Claims

1. Transportation Related 2. Contact with an Object (Ex:box falling)3. Assaults & Violent Acts


Worker’s Comp Facts From: Donald McDaniel #89352

4 Major Accident Types

1. 42% Transportation Related2. 17% Contact with an Object3. 14% Trip & Fall4. 13% Assaults & Violent Acts (5,840 in 2006)


The General Duty Clause§5(a)(1) OSHEach employer shall furnish to each of his/her employees … a place of employment which is free from recognized hazards that are causing or are likely to cause serious injury or death.


OSH Act §5(b)Each employee shall comply with occupational safety and health standards and all rules, regulations, and orders issued pursuant to this Act which are applicable to his own actions and conduct.


Types of Learners Kinesthetic or Tactile Visual Auditory


How do you know the Inspection is not going well?1. OSHA sets up camp in your parking lot.2. News Reporter shows up with the Inspector.3. OSHA starts the investigation by reading you

your Miranda Rights.4. OSHA is on a 1st name basis with your

employees.5. The Inspector is a former employee who was

personally fired by you.


Group Exercise: Things to Do

Policies & Procedure

Job Descriptions

Performance Evaluations

Safety Training/OSHA Compliance

Training for Managers & Supervisors


Michelle’s Success System1. Protect Your Organization from lawsuits, accidents, turnover, negativity2. Be the Compliance expert, officer3. Teach Your Supervisors How to discipline, document, write evaluations4. Promote from within by Teaching Managers to coach by using the Socratic Method5. Provide Training to Avoid an audit, investigation, lawsuits by the E.E.O.C.

6. Reduce accidents & Increase safety


Michelle’s Success System PLATINUM

BN1235E - ULTIMATE EMPLOYER ($ 716 VALUE) - $ 499.00

73895 - MANDATED BENEFITS 2009 - $ 265.00

3189 - How to Supervise CD-Rom - $ 99.00

2611 - How to Coach an Effective Team CD-Rom - $ 99.00

89352 - How to Control Worker’s Comp Costs - $ 199.00

3871 - OSHA Self-Study Guide – Safety Training - $ 159.00

3405 - Negaholics 3 CD-Rom Set - $ 199.00

SEMINAR PRICE TODAY $1,519 (Ask about 6 E-Z Payments)

Plus 2 FREE 60 Minute Handbooks -Includes the Personality Profile for Everyone in Your Organization&

3 FREE Seminar Coupons(Each Coupon Good for a Seminar Up to $400 = $1,200)


Michelle’s Success SystemGOLD

420942 - ULTIMATE EMPLOYER ($ 716 VALUE) - $ 499.00

3189 - How to Supervise CD-Rom - $ 99.00

3405 - Negaholics 3 CD-Rom Set - $ 199.00

SEMINAR PRICE TODAY $797.00 (Ask about 3 E-Z Payments)

Plus 1 FREE 60 Minute Handbook Includes the Personality Profile for Everyone in Your Organization

&2 FREE Seminar Coupons

(Each Coupon Good for a Seminar Up to $400 = $800)


Exemptions From Overtime Provisions Executive Administrative Professional Computer Outside Sales Highly Compensated


How Do You Spot a Negaholic?

Tell Me About a Time When You Had a Conflict With a Co-worker and how did you handle it?

Give me an example of something that stressed other people in your previous job?

Give Me an Example of a Time When You Had to Change a Procedure That Didn’t Make Sense to You.


What We Are Trying to Indicatein a Warning Letter Employee Knew Rule, Regulation, Procedure Employee Breached Rule Employer Tried to Assist Employee

in Following Rule Employee Continues to Violate Rule Employee on Notice That Job Is in Jeopardy


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