Overview OfOverview OfUnited States Labor LawsUnited States Labor Laws

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The Employer-EmployeeThe Employer-Employee

Relationship Is Among TheRelationship Is Among The

Most Regulated Of All AreasMost Regulated Of All Areas

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Fair Employment Practices ActsFair Employment Practices Acts

Federal Laws

State Laws

Local Laws

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Federal LawsFederal 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

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Title VII of the CivilTitle VII of the CivilRights Act of 1964Rights 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.

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Title VII of the CivilTitle VII of the CivilRights Act of 1964Rights Act of 1964

Under Title VII, an employer may not discriminate against an individual on the basis of an individual’s 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.”

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Title VII of the CivilTitle VII of the CivilRights Act of 1964Rights 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.

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Age Discrimination inAge Discrimination inEmployment ActEmployment 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.

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Age Discrimination inAge Discrimination inEmployment ActEmployment 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 individual’s age.

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Age Discrimination inAge Discrimination inEmployment ActEmployment Act

An employer also may not, on the basis of the individual’s age, “limit, segregate or classify” employees when doing so would deprive or tend to deprive an individual of employment opportunities.

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Americans WithAmericans WithDisabilities ActDisabilities 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.

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The Americans WithThe Americans WithDisabilities Act 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.

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The Americans WithThe Americans WithDisabilities ActDisabilities Act

HOWEVER, an employer need not accommodate an individual’s disability if to do so would impose an undue hardship on the operation of the employer’s business.

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State LawsState Laws

State Fair Employment Practices Law

Sexual Orientation

Martial Status

Arrest Records

Child Care Responsibilities

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Basic Principles of EqualBasic Principles of EqualEmployment OpportunityEmployment 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

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Basic Principles of EqualBasic Principles of EqualEmployment OpportunityEmployment 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

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Workplace HarassmentWorkplace Harassment

Sexual Harassment

Other Harrassment

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Sexual HarassmentSexual HarassmentThe Legal DefinitionThe 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;

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Sexual HarassmentSexual HarassmentThe Legal DefinitionThe 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 individual’s work performance or creating an intimidating, hostile, or offensive work environment.

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Other Types ofOther Types ofWorkplace HarassmentWorkplace 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 employee’s job

more difficult because of the employee’s race, color, religion, national origin, citizenship status, age, martial status, sexual orientation or disability;

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Other Types ofOther Types ofWorkplace HarassmentWorkplace 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.

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Hiring IssuesHiring Issues

Recruitment Process

Testing (Skills and Medical)

Background Checks

Training Interviewer

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Offer Letters/Employment Offer Letters/Employment ContractContract

Legal Requirements

Why Have/Why Avoid

At-Will Employment Statement

Reserve Right To Change Terms/Conditions

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Offer Letters/Employment Offer Letters/Employment ContractContract

Outline Job Duties

Alternative Dispute Resolution

Salary/Hourly Wage Rate

Benefits

Employee Handbook

Restrictive Covenants

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Employee HandbookEmployee Handbook

Legal Requirements

Why Have/Why Avoid

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Job DescriptionJob Description

Legal Requirements

Why Have/Why Avoid

Updating

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Employee HandbookEmployee Handbook

At-Will Statement

Equal Employment Opportunity

Workplace Harassment

Work Rules

Family and Medical Leave

Internet/Email Usage

Confidentiality Statement

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Job DescriptionJob Description

Job Title

Responsibilities

Necessary Skills

Required Experience

Required Credentials

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Payroll IssuesPayroll Issues

Exempt/Non-Exempt Status

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The “White Collar” ExemptionsThe “White Collar” Exemptions

Executive Employee

Administrative Employee

Professional Employee

Computer Employee

Highly Compensated Employee

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Overtime PayOvertime Pay

Time and one-half of employee’s regular rate for all hours worked in excess of forty hours in a given work week.

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Leaves of AbsenceLeaves of Absence

Family and Medical Leave

Disability Leave

Workers’ Compensation Leave

ADA Reasonable Accommodation Leave

Military Leave

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Family and Medical LeaveFamily 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.

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Family and Medical LeaveFamily and Medical Leave

Employee Eligibility 12 Months of Employment

1,250 Hours Worked

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Family and Medical LeaveFamily and Medical Leave

Employee Right 12 weeks of employment protected unpaid

leave during 12 month period

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Family and Medical LeaveFamily 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

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Americans with Disability Act Americans with Disability Act Reasonable Accommodation LeaveReasonable 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

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Termination IssuesTermination Issues

Fair Employment Practices Acts

Legal Liability

Progressive Discipline

Employment References

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Fair Employment Practices ActsFair 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

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LiabilityLiability

Reinstatement

Back Pay

Compensating Pay

Front Pay

Punitive Damages

Attorneys’ Fees

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Progressive DisciplineProgressive Discipline

The ACT method of effective performance management techniques

Accurate

Constructive

Timely

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Employment ReferencesEmployment References

Dates of Employment

Positions Held

An Overview OfAn Overview OfUnited States Labor LawsUnited States Labor Laws

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James R. Hays