Gregory Bledsoe 1717 S. Cheyenne Avenue Tulsa, OK 74119-4611 Phone: work(918) 599-8123

1. Welcome Gregory Bledsoe 1717 S. Cheyenne AvenueTulsa, OK 74119-4611 Phone: work(918) 599-8123 Fax: fax918-582-7830 bledsoe@aol.com An innovator in guiding growing salons through the inner workings of the legal system as it relates to the beauty industry, Mr. Bledsoe is a civil rights and employment-related litigation attorney and representative of the Ihloff Salons and Day Spas.

2. Special Salon and Spa Employment Issues • Personnel Policies & Practices • Employee Handbook • Discipline Documentation • Resignation vs. Termination-get it in writing! • Unemployment Claims • Get Advice Before You Act

3. Special Salon and Spa Employment Issues • Americans with Disabilities Act (ADA) • Problems defining who is disabled-actual disability, regarded as & record of. • Keeping Impairment Information Confidential-Don’t Ask-Don’t Tell-Ignorance is Bliss-HIV and similar impairments. • Duty of Reasonable Accommodation-Required Interactive Process

4. Special Salon and Spa Employment Issues • Workers Comp/ADA/FMLA Interaction • One employee-three potential claims. • Important issues arise from the interaction of State Workers Compensation claims, the duty to accommodate a disability under the Americans with Disabilities Act (ADA) and the leave requirements of the FMLA.

5. Special Salon and Spa Employment Issues Sexual Harassment Definition: Sexual harassment occurs when one employee makes continued, unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature, to another employee, against his or her wishes and when submission to or rejection of this conduct explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance or creates an intimidating, hostile or offensive work environment.

6. Special Salon and Spa Employment Issues • Not every dirty joke or sexual story in the workplace is sexual harassment. • “Quid pro Quo” (this for that) vs. Hostile Environment • Supervisor vs. Co-worker Harassment-Strict liability for supervisor vs. Employer only liable for negligence for co-worker harassment. • Need for regular training and written policies so harassment can be prevented or stopped and employer limit liability. • Managers dating employees. • Special issues regarding massage techs. • Same-sex sexual harassment.

7. Special Salon and Spa Employment Issues • Liability Insurance-Employment Practices Coverage • Not part of general liability coverage. • Can be purchased for extra premium-cost benefit analysis.

8. Federal Anti-Discrimination Laws Title VII, ADA, ADEA, GINA & EPA Covering hiring, discharge and all terms and conditions of employment. Discrimination by Type • Age • Disability • Equal Compensation • Genetic Information • National Origin • Pregnancy • Race/Color • Religion • Retaliation • Sex • Sexual Harassment

10. Federal Anti-Discrimination Laws Title VII, ADA, ADEA, GINA & EPA Covered Employers The business is covered if it has 15 or more employees who worked for the employer for at least twenty calendar weeks (in this year or last), except for age discrimination (20 or more employees required), and virtually all employers are covered by the Equal Pay Act which covers equal compensation between males and females who perform equal work.

11. Family And Medical Leave Act FMLA • The FMLA allows ”eligible” employees to take up to 12 work weeks of unpaid leave in any 12 month period for the birth or adoption of a child, to care for a family member, or if the employee themselves has serious health condition. • Under new amendments to the FMLA eligible employees are allowed up to 12 work weeks of unpaid military exigency leave to assist a military family member who is deployed to a foreign country or who is called to active duty for a contingency operation. The new FMLA revisions also provide for unpaid military caregiver leave to employees related to current members of the Armed Forces and veterans. Eligible employees are allowed up to 26 work weeks of leave in a 12-month period to care for relatives injured in the line of duty, including veterans, during the first five years following discharge if undergoing treatment for, or recuperating from, a serious injury or illness incurred or aggravated in the line of duty.

12. Family And Medical Leave Act FMLA • An “eligible” employee is an employee who has been employed by the employer for at least 12 months and worked at least 1,250 hours. The 12 months do not need to be consecutive. • FMLA can be taken on an intermittent basis allowing the employee to work on a less than full-time schedule. • The employee is entitled to have their benefits maintained, but they must continue to pay their portion during the leave. The employee also has the right to return to the same or equivalent position, pay, and benefits at the conclusion of their leave. • The use of FMLA leave cannot be held against the employee.

13. Family And Medical Leave Act FMLA Covered Employers You are only an “eligible” employee if your employer employs 50 or more employees within 75 miles of the worksite.

14. Employment Discrimination For Military Service USERRA The Uniformed Services Employment and Reemployment Rights Act Prohibits discrimination against reservists and veterans by all employers regardless of size in any aspect of employment, on the basis of their military service. Also grants veterans and reservists the right to be re-employed in their civilian jobs or equivalents with the same seniority, status, benefits and pay that they would have attained, had they not been absent for military duty. USERRA also protects disabled veterans from discrimination by requiring employers to make reasonable efforts to accommodate their disabilities. An employer may not retaliate for exercising rights under the Act or for participating in related proceedings.

15. Fair Labor Standards Act FLSA • Moving employees from commission to hourly (massage therapists for example). • Accounting for tips; including tips to get to the minimum wage; paying FICA. • Accounting for, paying and calculating “1/2 time” for salaried non-exempt employees that work more that 40 hours per week. • Training/apprentice programs and staff meetings. • Low performing commissioned employees (they may drop below the one and one-half times the minimum wage of $10.875 for all hours worked); minimum wage and over-time would be due. Salon Wage & Hour Issues

16. State Employment Law State Workers Compensation Law Every State has some form of workers compensation law that covers employees who sustain on-the-job injuries or injuries arising out of and related to their work. Most States also, either by statue of by Court decision, protect those workers who have made claims or who are asserting rights under these laws from being discharged for making such claims. Some States also limit an employers ability to discharge an employee while they are on temporary total disability (TTD) or while they are recuperating from the injury. Important issues arise from the interaction of State Workers Compensation claims, the duties to accommodate a disability under the Americans with Disabilities Act (ADA) and related State law and the leave requirements of the FMLA.

17. State Employment Law State Anti-Discrimination Statutes State statutes also provide extensive protection from employment discrimination. Some laws extend similar protection provided by the federal law to employers who are not covered by those statutes. Almost all States provide their own statue that at least mirrors the federal anti-discrimination law and usually include: Age, Disability, Equal Compensation, Pregnancy, Race/Color, Religion, Retaliation, Sex and Sexual Harassment. Other statutes provide protection to groups not covered by the federal acts.

18. State Employment Law The table below lists protected categories not included in federal law. Age is included as well, since federal law only covers workers over 40. State has specifically excluded protection. State has specifically included protection. If BLANK, State has NOT enacted legislation in the area or status is unknown. Source: http://en.wikipedia.org/wiki/Employment_discrimination_law_in_the_United_States#State_law

20. State Employment Law State Public Policy Wrongful Discharge Claims-Exception to At-Will In most states employment is “at will.” This means an employee can leave work or any employer can terminate the employee for any reason or for no reason. Statutes like the discrimination laws or contracts with specified terms and conditions are exceptions to employment at-will.

21. State Employment Law • In many States, Courts have held that public policy demands that there must be an additional exception to employment at will. These courts have authorized an employee to file a lawsuit for damages for wrongful discharge if they are able to prove their termination was against public policy. • Some examples include: • Refusing to lie at request of employer • Refusing to violate law at request of employer • Reporting or threatening to report health and safety violations or other violations of the law • Refusing to work in unsafe conditions • Some Courts have gone so far as to extend the general discrimination statutes to employers who have less than 15 employees.

22. Welcome Gregory Bledsoe 1717 S. Cheyenne AvenueTulsa, OK 74119-4611 Phone: work(918) 599-8123 Fax: fax918-582-7830 bledsoe@aol.com An innovator in guiding growing salons through the inner workings of the legal system as it relates to the beauty industry, Mr. Bledsoe is a civil rights and employment-related litigation attorney and representative of the Ihloff Salons and Day Spas.