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Human Resources and the Law

Human Resources and the Law. 1. Protect Your Organization from ____________________________________________ 2. Be the Compliance_____________________ 3. Teach Your Supervisors How to_______ 4. Promote from within by Teaching Managers to ___________________________

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Human Resources and the Law

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  1. Human Resourcesand the Law

  2. 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 __________ Fill in the Blank:

  3. Desrcopreu_______________________________ Spoecili___________________________________ Bjo Tisopdcrine__________________________ Fecromapern WeeRiv____________________ Niawrng___________________________________ Spicineldi_________________________________ Mendoctatiuno___________________________ Massnetahr_______________________________ Vigenate__________________________________ Scrambled HR Words

  4. The Goal America’s Best 100 Places to WorkMotek Southwest Airlines

  5. “Whatever made you successful in the past, won’t work in the future.” - Lew Platt Former CEO of Hewlett Packard

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

  7. www.eeoc.govwww.esgr.milwww.osha.govwww.bls.govwww.jan.wvu.edu/links/adalinks.htmwww.dol.gov– Poster Page Important Web Sites

  8. Women Make Only 80% of the Salaries Their Male Peers Do One Year After College Women Earn Only 69% of What Men Earn After 10 Years - Ellen Simon, Associated Press Pay Gap Persists: Women Still Make Less, Study Says

  9. 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

  10. Legal Discrimination B ona F ide O ccupational Q ualification

  11. 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

  12. Purpose: ADA The 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.

  13. 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?”

  14. Group Exercise: Things to Do • Policies & Procedure • Job Descriptions • Performance Evaluations • Safety Training / OSHA Compliance • Training for Managers & Supervisors

  15. 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?

  16. Purpose: FMLA Enables 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.

  17. Full-time, part-time or temporary At a single site or within a 75 mile radius

  18. 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.

  19. FMLA ELIGIBILITY In 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.

  20. FMLA — Maintenance Of Health Insurance An 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.

  21. 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.

  22. 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

  23. 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.

  24. FMLA — New Rule Jan. 09 http://edocket.access.gpo.gov/2008/pdf/E8-26577.pdf (More than 750 pages) • “Constructive Notice” Byrne vs. Avon • Physician’s Assistant - Healthcare Provider • Identify the Major Job Functions

  25. Privacy Rule – Covered Entities • Health Plans • Health Care Providers • Health Care Clearinghouses • Business Associate

  26. 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

  27. Worker’s Comp Facts From: Donald McDaniel #89352 The Top 3 Reasons for Claims • Transportation Related • Contact with an Object (Ex:box falling) • Assaults & Violent Acts

  28. Worker’s Comp Facts From: Donald McDaniel #89352 4 Major Accident Types • 42% Transportation Related • 17% Contact with an Object • 14% Trip & Fall • 13% Assaults & Violent Acts (5,840 in 2006)

  29. The General Duty Clause §5(a)(1) OSH Each 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.

  30. 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.

  31. Kinesthetic or Tactile Visual Auditory Types of Learners

  32. OSHA sets up camp in your parking lot. News Reporter shows up with the Inspector. OSHA starts the investigation by reading you your Miranda Rights. OSHA is on a 1st name basis with your employees. The Inspector is a former employee who was personally fired by you. How do you know the Inspection is not going well?

  33. Group Exercise: Things to Do • Policies & Procedure • Job Descriptions • Performance Evaluations • Safety Training/OSHA Compliance • Training for Managers & Supervisors

  34. 1. Protect Your Organization fromlawsuits, accidents, turnover, negativity 2. Be the Complianceexpert, officer 3. Teach Your Supervisors How todiscipline, document, write evaluations 4. Promote from within by Teaching Managers tocoach by using the Socratic Method 5. Provide Training to Avoid anaudit, investigation, lawsuitsby the E.E.O.C. 6. Reduceaccidents& Increasesafety Michelle’s Success System

  35. 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)

  36. Michelle’s Success System GOLD 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)

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

  38. 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.

  39. 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

  40. Document Document Document Document Document Document

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