Section #3 - US Laws and Regulations

Civil Rights Act of 1964

"1991, jury trials are allowed in cases where the plaintiff seeks compensatory or punitive damages."

"Employee Status versus Independent Contractor Status"

"An employer has no ongoing obligations under the FLSA to self-employed independent contractors. Therefore, it is critical that the organization clearly identify which of its workers are employees (covered by FLSA regulations) and which are independent contractors (not covered by FLSA regulations)." "The following are some critical tests for an independent contractor: Having the ability to set own hours and determine sequence of work Working by the project rather than having a continuous relationship with the employer Being paid by the job (rather than by the hour or pay period) Having the opportunity for profit and loss Furnishing own tools and training Being self-employed and holding oneself out as such"

Americans with Disabilities Act of 1990

"As it pertains to employment, the act prohibits discrimination against a qualified individual with a disability because of his or her disability. The passage of the ADA established many responsibilities relating to this class of individuals for all private and state and local government employers with 15 or more employees, employment agencies, labor organizations, and joint labor-management committees. +++The ADA does not cover the federal government when it acts as an employer. +++The Rehabilitation Act of 1973 (an affirmative action statute) applies to the federal government and its contractors and subcontractors. +++Section 501 applies only to the federal government as an employer; +++Section 503 applies only to federal contractors and subcontractors with contracts over $10,000." "To be "qualified" under the ADA, an individual must: Have the requisite skills, experience, education, licenses, etc. Be able to perform the essential functions of the job, either with or without reasonable accommodation. The basic definition of 'disability" contained in the ADA considers an individual disabled if he or she:" -"Has an impairment that substantially limits one or more major life activities. -Has a record of such an impairment. -Is regarded as having such an impairment."

Child Labor Provisions

"Child labor provisions. The FLSA restricts the hours and conditions of employment for minors and protects children under 18 years of age from "oppressive" employment conditions. Employers should obtain an employment and/or age certificate approved by the Wage and Hour Division of the DOL (the enforcing agency); this certificate is usually issued by the appropriate state agency or the minor's school." "hild labor provisions under FLSA are designed to protect the educational opportunities of youth and prohibit their employment in jobs that are detrimental to their health or physical and mental safety. The FLSA restricts the hours that minors can work and lists hazardous occupations too dangerous for young workers to perform."

comparable worth

"Comparable worth deals with pay differentials between women and men who perform comparable—but not equal—work. Comparable worth looks at different jobs that women and men hold that require comparable skills, effort, responsibility, and working conditions. Although the EPA does not require consideration of comparable worth, some states require all public jurisdictions such as school districts to eliminate any sex-based wage inequities."

Employee Retirement Income Security Act (ERISA)

"ERISA is designed to protect the interests of participants in pension and welfare benefit plans and their beneficiaries." "Most private-sector employee benefit programs are subject to some provisions of ERISA. The legislation applies to and regulates qualified private retirement plans and welfare plans such as employer-sponsored group medical programs, group life insurance, and long-term disability coverage. " "Many public-sector employers and churches are not subject to ERISA."

Record keeping

"FLSA requires that an employer retain certain information regarding its employees for a set period of time."

OSHA employee rights

"General Duty Clause. Under the General Duty Clause, each employee has the right to "a place of employment which [is] free from recognized hazards that are causing or are likely to cause death or serious physical harm." "OSHA also provides employees with a number of specific rights, including -The right to demand safety and health on the job. -The right to request inspections. -The right to have an authorized employee representative accompany an inspection. -The right to file a complaint. -The right to be informed of workplace hazards. -The right to request action from the employer to correct hazards or violations. -The right to file a discrimination complaint. -The right to receive training. ++According to OSHA, employees can expect OSHA representatives to: -Respond promptly to their requests for correction of serious hazards at work. -Advise employees of their safety and health rights and responsibilities. -Complete, ++within 90 days,++ investigations of charges of employer discrimination against employees who report unsafe conditions to OSHA. -Promote employee participation in health and safety programs. -Issue a citation and proposed penalty within six months of a violation's occurrence."

EEOC retaliation

"HR should also remind involved managers and supervisors that, under Title VII of the Civil Rights Act, the National Labor Relations Act, the Fair Labor Standards Act, the Occupational Safety and Health Act, the Uniformed Services Employment and Reemployment Rights Act, and other statutes, employers are prohibited from retaliating against employees engaged in "protected activities." Acts of retaliation can be any adverse employment action that is taken because of the employee's engagement in a protected activity, including: -Firing, demoting, or disciplining the employee or treating the employee in a discriminatory manner. -Threatening action against the employee. -Criticizing the employee. -Discussing the complaint with the employee. -Discussing the complaint and the employee with any external parties."

Minimum Wage

"Minimum wage. The FLSA requires employers to pay covered nonexempt employees at least the federal minimum wage for all hours worked up to 40 in a workweek. " -There are some exceptions to the minimum wage, including but not limited to: -Employees younger than 20 years old, during their first 90 consecutive calendar days of employment. -Tipped employees. -Full-time students who are employed in retail or service establishments, agriculture, or institutions of higher education. -Student learners who are students at an accredited school, college, or university, at least 16 years of age, and employed on a part-time basis pursuant to a bona fide vocational training program. -Workers whose earning or productive capacity is impaired by physical or mental disability."

OSHA Data Initiative (or ODI)

"OSHA collects work-related injury and illness data from employers within specific industry and employment size specifications" Excerpt From: Society for Human Resource Management. "Workplace, SHRM Learning System 2018." Apple Books.

Title VII Terminology

"Sex is the classification of people as male or female; it refers to the biological and physiological characteristics that define men and women (or boys and girls)." "National origin refers to the country—including those that no longer exist—of one's birth or of one's ancestors' birth. "National origin" and "ethnicity" often are used interchangeably, although an "ethnic group" can refer to religion or color as well as the country of one's ancestry. "

Direct threat standard

"The ADA permits employers to establish qualification standards that exclude individuals who pose a direct threat (a significant risk of substantial harm) to the health or safety of the individual himself or herself or others if that risk cannot be eliminated or reduced below the level of a "direct threat" by reasonable accommodation. However, an employer may not simply assume that a threat exists; the employer must establish through objective, medically supportable methods that there is a significant risk that substantial harm could occur in the workplace."

"The Pension Benefit Guaranty Corporation (PBGC)"

"The DOL has jurisdiction over reporting, disclosure, and fiduciary responsibility. The IRS has jurisdiction over tax-related matters involving benefit plans (funding, eligibility, etc.)." "Insures payment of certain pension plan benefits in the event that a private-sector defined benefit pension plan lacks sufficient funds to pay the promised benefits. Covered plans or their sponsors are required to pay premiums to the PBGC. In turn, the PBGC guarantees payment of vested benefits (up to a maximum limit) to employees covered by these pension plans. It does not insure retirement plans that do not promise specific benefit amounts—defined contribution plans such as profit-sharing or 401(k) plans."

"Specific professional job duties."

"The DOL regulations provide several examples of positions that qualify for overtime and those that are exempt. Additional examples of exempt and nonexempt positions in this category include: First responders. Insurance adjusters. Financial service industry workers. Human resource employees. Nurses. Registered or certified medical technologists." "Each of these provisions once again states that exemptions are based not on job titles but on job duties. Thus, while the specific jobs listed are likely to fall into the categories suggested by the DOL, case-by-case analysis will still be necessary. ++The job description++ becomes a key document for determining FLSA status. Therefore, organizations need to keep their job descriptions up-to-date to ensure that they accurately reflect job duties."

"Amendment to FCRA by Dodd-Frank Wall Street Reform and Consumer Protection Act"

"The Dodd-Frank Wall Street Reform and Consumer Protection Act amended the FCRA in 2011. Employers who take adverse action against a prospective or current employee or an independent contractor based on information contained in the individual's consumer report have additional disclosures to make to the affected individual.

Workplace Harrassment

"The EEOC tells us that harassment becomes unlawful in the following situations: -When enduring offensive conduct becomes a condition of continued employment -When the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive -When an individual is harassed in retaliation for filing a discrimination charge, testifying, or participating in any way in an investigation, proceeding, or lawsuit"

Employee Polygraph Protection Act EPPA of 1988

"The Employee Polygraph Protection Act (EPPA) of 1988 generally prevents most private employers from requiring applicants or employees to take a polygraph test for preemployment screening or during the course of employment. There are very limited exceptions."

Age Discrimination in Employment Act of 1967

"The act prohibits discrimination in every aspect of employment against employees and applicants age 40 and over, with a few limited exceptions to recognize that advanced age may, in some circumstances, affect an individual's ability to perform certain jobs effectively."

Whistleblower Provisions

"The act protects employees who report conduct that they "reasonably believe" violates federal securities laws, the rules of the Securities and Exchange Commission, or any federal law relating to fraud against shareholders." Employees are protected under the act when they: -Raise the allegations of fraud to either a federal agency or a member of the organization who has authority to "investigate, discover, or terminate misconduct." -File, testify in, participate in, or assist in a proceeding filed or about to be filed related to securities fraud"

Sarbanes-Oxley Act (SOX) of 2002

"The act requires that all publicly held companies establish internal controls and procedures for financial reporting to reduce the possibility of corporate fraud. The act also has serious implications for human resource professionals"

Blackout Period

"The blackout period is a period of more than three consecutive business days during which participants or beneficiaries cannot direct the investment of or diversify assets credited to their accounts or obtain loans or distributions, other than certain exceptions specified in ERISA Section 101(i)." "The 30-day blackout notice must be in writing and must be stated in a way that the average plan participant can understand. Electronic notification is permitted if the notice is "reasonably accessible" to participants. The notice must include: Reasons for the blackout period. Identification of the investments and participant rights that are affected. Expected beginning date and length of the blackout period. Statement that individuals should evaluate the appropriateness of their current investment decisions in light of their inability to direct or diversify their accounts during the blackout period."

Title VII of the Civil Rights Act of 1964

"The cornerstone of federal antidiscrimination legislation" "was the nation's first comprehensive federal law making it unlawful to discriminate in employment on the basis of race, color, religion, sex, or national origin. Now, under various statutes, there are a number of additional federally protected classes. Title VII of the Civil Rights Act was passed to bring about equality in hiring, transfers, promotions, compensation, access to training, and other employment-related "

Effective Harassment Policy prevention program

"The program should: -Be in writing. -Define what constitutes harassment and declare that it will not be tolerated. -Establish a complaint procedure that encourages employees to come forward. -Involve training and education programs to focus on the specific culture and needs of a particular workplace. -Provide workplace civility and bystander intervention training. -Include a prompt and thorough investigation of every complaint and ensure that employees have confidence in the process. -Provide for an investigation that results in corrective action if it is determined that unlawful harassment has occurred. -Use a variety of methods to communicate the policy to management and employees."

COBRA and Affordable Care Act

"The rule requiring coverage for children up to age 26 is one of them."

Military Care Leave

"This benefit provides up to 26 workweeks of unpaid FMLA leave during a single 12-month period for an eligible employee who is the spouse, son, daughter, parent, or next of kin of a covered service member with a serious injury or illness. Under the 2010 NDAA amendments, "covered service members" was expanded to include certain veterans. The definition of "serious injury or illness" was also expanded. (A "serious injury or illness" is one that may render the member medically unfit to perform the duties of the member's office, grade, rank, or rating.)" "For a veteran, the injury or illness may manifest itself before or after the member becomes a veteran."

WARN Act Coverage

"WARN applies to employers who employ ++100 or more:++ -Full-time employees, or -Full-time and part-time employees who, in the aggregate, work at ++least 4,000 hours (exclusive of overtime hours)++ per week at all employment sites. -Part-time" means either employees whose average workweek is less than 20 hours per week or those who have been employed for fewer than six of the preceding 12 months as of the date WARN notices are due."

OSHA Record Keeping

"all organizations with more than ++10 employees, except for low-risk businesses,++ must report all employee occupational injury and illness data. -An occupational injury is an injury such as a cut, fracture, sprain, or amputation that results from a work-related accident or exposure involving a single incident in the work environment. -An occupational illness is a medical condition or disorder, other than one resulting from an "

Pregnancy Discrimination Act of 1978 PDA

"amended Title VII to prohibit discrimination on the basis of pregnancy, childbirth, or related medical conditions; it requires employers to treat pregnancy the same as any other temporary disability. Employers must provide access to medical benefits and sick leave on the same basis as such benefits are provided to other employees or for other conditions." "it is unlawful to: Refuse to hire a woman simply because she is pregnant. Fire a woman simply because she is pregnant. Force a pregnant employee to leave work if she is ready, willing, and able to perform her job. Stop the accrued seniority of an employee who has taken a leave to give birth or have an abortion (unless seniority does not accrue to other temporarily disabled workers under similar circumstances)."

Portal-to-Portal Act of 1947

"amended the FLSA and defined additional rules for hours worked." On call/Standby time "If the employer restricts an employee's activities and does not allow any personal business, then the hours are included as time worked, including overtime. Employers may not be required to pay wages or overtime when an employee is off the premises and on call (asked to stay by the phone or computer, carry a mobile device, or respond to a beeper) as long as the employee generally is not otherwise restricted." -Preparatory/Concluding Activities "The general test is whether the activity is performed solely for the employer's benefit and is an integral and indispensable part of the employee's job activities (e.g., putting on safety gear, making deliveries for the employer on the way home). Changing in and out of uniforms is a growing litigation issue. Generally speaking, an employee must be paid for the changing time if he or she is required to change in and out of his or her uniform at work; ordinarily the employee does not have to be paid for such changing time if he or she has the option to wear his or her uniform to and from work but elects to change at work solely for his or her convenience." "Waiting Time An employer does not have to pay an employee when the employee arrives at work early and is waiting for the workday to begin. However, the employee cannot be doing even casual work without pay during this waiting time. For example, clerical employees who arrive to work early and who, during that time, "help out" other employees or go to their own workstations and perform job-related duties such as checking their e-mail, turn noncompensable time into time that must be compensated. " -"Meals and Breaks The act does not require an employer to provide rest or meal breaks to non-minors. State law and collective bargaining agreements may vary greatly, however. Under the act, rest periods of five to 20 minutes are considered hours worked. Bona fide meal periods of 30 minutes or longer, during which the employee is completely relieved of duty, are not considered hours worked. However, as a matter of enforcement, the DOL may scrutinize closely any break that is less than 30 minutes, regardless of whether the break is characterized as a rest or a meal break." -Travel Time --Commuting time. Commuting time is not paid work time, even when the employee is using an organization vehicle. However, nonexempt employees who drive vehicles that contain essential tools or equipment of the employer from their homes to work sites may be working while traveling and should receive travel pay. Travel from home to a customer's site in response to an emergency call after the regular workday is work time." --Workday travel. Employees who travel in the course of a workday, such as from one work location to another, are entitled to compensation for their travel time. Travel to work-related meetings is compensable." --Out-of-town travel during the course of a day. Travel out of town may also comprise work. When an employee who normally works at one location is sent out of town on a single-day trip, the time spent traveling is work time. +++However, the employer may consider the time spent traveling to and from the airport or other transportation terminal in the morning and evening to be the equivalent of the home-to-work commute and not compensable work time."+++ --An employee who travels away from home overnight is not working when he or she is a passenger on an airplane, train, boat, bus, or automobile outside of regular work hours. Any time that the employee spends traveling as a passenger on a weekend will be counted as work time if the travel cuts across the hours that the employee would normally work during the week. Any time that an employee spends working while a passenger must be counted and paid as work time." "All travel that is compensable by contract, custom, or practice must be counted as work time, regardless of the above limitations on counting travel as work time." -Training Time "Training time is generally included in the calculation of hours worked. However, the time spent at a conference, meeting, or seminar does not have to be compensated if four conditions are met: Attendance is voluntary. Attendance is outside of the employee's regular work hours. The event is not directly job-related. The employee performs no productive work during this period."

blue-collar worker

"are defined as those who perform work involving repetitive operations with their hands, physical skill, and energy. The DOL has stated that individuals in these positions will not be exempt no matter how highly they are compensated."

Family and Medical Leave Act (FMLA) of 1993

"equires employers to allow employees to take time off for certain caregiving, medical, military, and family needs." -"The act covers private-sector employers with 50 or more employees (full- or part-time) for 20 or more workweeks in the current or preceding calendar year. It applies not only to private employers but also to nonprofit organizations and public agencies (regardless of the number of employees), including Congress. To be eligible for FMLA leave, an employee must have worked at least 12 months (total) for the employer, for at least 1,250 hours in the 12-month period preceding the commencement of the leave, and at a site within 75 miles of which 50 or more employees work."

Occupational Safety and Health Act (OSH Act) of 1970

"established the first national policy for workplace safety and health. This federal law requires employers to provide safe and healthful working conditions for employees." "covers virtually all workers in the country, with a few exceptions, such as family farms worked only by family members and self-employed workers."

Exempt vs. non-exempt employees

"exempt employees are excluded from the minimum wage and overtime pay requirements of the law. To qualify for exemption, these employees must work in a bona fide manner in, for example, executive, administrative, professional, or outside sales positions. In general, they must meet certain tests regarding their job duties and must be paid on a salary basis, with a guaranteed minimum amount no matter how many hours are worked per week, at not less than $455 per week. Nonexempt employees are not excluded from minimum wage pay requirements and are entitled to overtime pay." "Most workers who are paid less than $23,660 per year—or $455 per week—are guaranteed minimum wage and overtime protection and classified as nonexempt employees under the FLSA."

When state laws differ from federal laws, the _______ law should be enforced.

"follow that which most benefits the employee. Thus, if the state minimum wage is $7.50 per hour and the federal minimum wage is $7.25, employers in that state must pay employees at least $7.50 per hour. Conversely, if the federal minimum wage is higher than the state minimum wage, the employer must pay at least the federal minimum wage. If the state does not have a minimum wage, the employer must pay at least the federal minimum wage. "

E-Verify 1997

"is an Internet-based verification system operated by the USCIS in partnership with the Social Security Administration. The system allows employers to verify the employment

Immigration Reform and Control Act IRCA of 1986

"is designed to accomplish two somewhat divergent purposes. IRCA prohibits discrimination against job applicants on the basis of national origin or citizenship and, at the same time, establishes penalties for hiring undocumented workers, with certain exceptions. Employers who hire someone who is not entitled to work in this country face civil and/or criminal penalties. IRCA is enforced by U.S. Citizenship and Immigration Services (USCIS), a special branch of the Department of Homeland Security (DHS)."

ADA Amendments Act (ADAAA) 2008

"it expands the interpretation of these elements, making it much easier for individuals seeking the law's protection to demonstrate that they meet the definition of disability. It also directed the EEOC to amend its ADA regulations to reflect the changes made by the ADAAA."

State Drug-Free Workplace Laws and Marijuana Laws

"key questions for HR and employers are: -If an employee uses medical marijuana, can the employee be terminated following a positive workplace drug test result? -Must an employer accommodate an employee using medical marijuana? -Do employers in states with legal recreational marijuana have to allow for marijuana use apart from participation in a recognized medical marijuana program?"

Reasonable accommodations

"means modifying or adjusting a job application process, a work environment, or the circumstances under which a job is usually performed to enable a qualified individual with a disability to be considered for the job and perform its essential functions. The ADAAA makes it clear that employers will not be required to provide reasonable accommodation to individuals who associate with a person with a disability or who are regarded as and do not actually have a disability, but consideration for the reasonableness of the accommodation must be given" "The ADA does not require employers to take actions that involve undue hardship. Factors in deciding whether accommodation imposes an undue hardship are: The nature and net cost of the accommodation. The overall financial resources of the facility or facilities involved"

Lilly Ledbetter Fair Pay Act of 2009

"overturned the Ledbetter 2007 U.S. Supreme Court decision." "suggests that employees and their families or heirs could file a discrimination lawsuit against an employer regarding benefits such as salary-based defined benefit and contribution-based defined contribution retirement plan payouts and salary-based life insurance proceeds." A federal statute that permits a complainant to file an employment discrimination claim against an employer within 180 days of the most recent paycheck violation and to recover back pay for up to two years preceding the filing of the claim if similar violations occurred during the two-year period.

Protected Classes

"people who are covered under a particular federal, state, or local antidiscrimination law. "

National Defense Authorization Act (NDAA) 2008

"provided the first expansion of FMLA leave for employees with family members who are covered members of the military. Specifically, the act added two new FMLA-qualifying events: qualifying exigency leave and military caregiver leave. The National Defense Authorization Act for Fiscal Year 2010 (2010 NDAA) further expanded the military family leave rights added to the FMLA in 2008." "Many, but not all, of the provisions of the FMLA apply to these two new categories of FMLA leave, including employer coverage, employee eligibility requirements, health insurance continuation, and reinstatement rights. Employees can utilize the leave all at once or on an incremental basis."

Qualified Exigency Leave

"provides up to 12 workweeks of FMLA leave due to a spouse, son, daughter, or parent being on covered active duty or having been notified of an impending call or order to covered active duty in the armed forces. For members of a regular component of the armed forces, "covered active duty" means duty during deployment with the armed forces to a foreign country. " "DOL regulations address what constitutes a qualifying exigency leave under the FMLA's military leave provisions. Employees can take qualifying exigency leave in circumstances that fall under one of the following categories: -Short-notice deployment -Military events and related activities" -Child-care and school activities -Financial and legal arrangements -Counseling; rest and recuperation -Post-deployment activities Additional activities agreed to by the employer and the employee"

Uniform Guidelines on Employee Selection Procedures 1978

"the Civil Service Commission, the Department of Labor, the Department of Justice, and the EEOC jointly adopted the Uniform Guidelines on Employee Selection Procedures ("Uniform Guidelines") to document a uniform federal position about prohibiting discrimination in employment practices on the basis of race, color, religion, sex, or national origin." "cover all aspects of the selection process, including recruiting, testing, interviewing, and performance appraisals (to the extent that they are used to make employment decisions)."

EEOC interpretation of related Terms

"the EEOC interpretation of Title VII defines discrimination based on gender, gender identity, or sexual orientation as discrimination on the grounds of sex. This is not stated in the law, but judicial decisions at the state and federal levels have considered sexual orientation and gender identity as covered." "Gender refers to the socially constructed system that associates masculinity or femininity with certain roles, " "masculine and feminine are gender categories." "Sexual orientation is the sexual, romantic, or emotional/spiritual attraction that one feels for persons of the opposite sex or gender, the same sex or gender, or both sexes and more than one gender"

National Federation of Independent Business v. Sebelius 2012

"the U.S. Supreme Court considered two key PPACA provisions: Medicaid expansion and the individual mandate."

"Veterans Opportunity to Work (VOW) 2011

"to Hire Heroes Act amended USERRA to recognize claims of a hostile work environment on account of an individual's military status generally. By amending USERRA to prohibit discrimination with respect to the "terms, conditions, or privileges of employment," the VOW to Hire Heroes Act establishes the same standard for hostile environment claims on account of military status as that governing Title VII and other employment discrimination laws."

Checking for Adverse Impact

"to internally assess adverse impact using the 80% rule." "Example: Assume that an organization interviewed the following people for factory assembly positions: Group Number Interviewed Males 40 Females 30 Number of hires M 20 F 6 To determine adverse impact: 1. Identify the selection rate (the percentage hired) for each group. • The male selection rate is 50% (20 ÷ 40 = 50%). • The female selection rate is 20% (6 ÷ 30 = 20%). 2. Identify the group with the highest selection rate (males at 50%). This is the majority group. 3. Divide the lowest selection rate (minority group) by the highest selection rate (majority group). 20 ÷ 50 = 40% Adverse impact is indicated if the selection rate of the minority group (in this example, females) is less than 80%, or four-fifths, of the selection rate of the majority" "When the 80% rule is violated and adverse " "impact occurs, employers have the following alternatives: Analyze the data more rigorously to determine whether there is in fact adverse impact. " "Use another procedure that has been demonstrated to have lesser adverse impact." "Modify the procedure to eliminate adverse impact. Validate th" Justify the procedure as a business necessity."

Drug-Free Workplace Act of 1988

+++Federal contractors with contracts of $100,000 or more+++ as well as recipients of grants from the federal government in any amount must follow requirements to certify that they are maintaining a drug-free workplace." "The requirements under the Drug-Free Workplace Act include: -Developing a policy that prohibits the unlawful manufacturing, distribution, possession, or use of a controlled substance in the workplace. -Specifying the actions that will be taken against those who violate the policy. -Providing a copy of the policy and the consequences of violating the policy to employees, including employees having to inform the employer within five days if they are convicted of a criminal drug offense occurring in the workplace. -Establishing a drug-awareness program that informs employees about the dangers of drug use in the workplace, the availability of drug treatment and counseling, and the employer's drug-free policy and penalties for drug violations. In addition, action by the employer is required in the case of drug-related convictions, including: -Notifying the federal contracting agency ++within ten days of receiving notice++ of any employee conviction of a criminal drug offense occurring in the workplace. Imposing a sanction on a convicted employee or requiring satisfactory participation in a rehabilitation program.

FLSA Overtime Provisions

-"A workweek is any fixed, recurring period of 168 consecutive hours (7 days x 24 hours = 168 hours)." -"Time worked as it applies to overtime. The FLSA requires that overtime be paid on time worked, not time compensated." "It is important to recognize that the law says that the employer "shall not permit" employees to work overtime (over 40 hours per workweek) without the payment of an overtime premium." -"Compensatory time as it applies to overtime." "is not allowed for nonexempt employees in the private sector, which includes those organizations not controlled by the government, such as privately owned businesses and not-for-profit organizations. However, public-sector employers, generally comprising entities of the federal, state, and local governments, may grant compensatory time off ("comp" time) instead of wage payments in certain circumstances. The FLSA requires that compensatory time be earned at a rate of not less than one and one-half hours for each hour of employment for which overtime compensation is required."

OSHA Employers responsibilities

-"Display the OSHA poster " -"Make copies of the act and relevant OSHA rules and regulation" -"Post OSHA citations at or near the work site " -"Notify any employee who has been/is being exposed to hazardous " -"Maintain accurate records of and periodically report on work-related deaths and injuries and illnesses " -"Correct cited violations within the period prescribed or agreed to by OSHA." -"Allow employees to refuse abnormally dangerous work when faced with an imminent danger of death or serious injury. " -"Provide employees with personal protective equipment required for the job, " -"Provide medical surveillance of employees when required by OSHA standards." -"Provide training mandated under specific OSHA standards." -"Ensure that persons directing work understand and enforce all applicable safety laws rules and regulations -"Permit an authorized employee representative to accompany the OSHA compliance officer during any physical workplace inspection."

OSHA standards

-"Emergency Exit or Evacuation Procedures" -Occupational Noise Exposure -Machine Guarding -Hazard communication -Control of Hazrd energy -"Bloodborne Pathogens Requires employers to protect employees from potentially infectious materials; Needlestick Safety and Prevention Act revised the standard to require employers to minimize employees' exposure to blood from sharps injuries through annual reviews and employee input." -"Confined Space Entry Addresses concerns over adequate oxygen content in the air, toxic or flammable substance exposure, and physical exposures for workers in confined spaces." -Personal Protective equipment -"Process Safety Management Aimed at preventing or minimizing the effect of catastrophic releases of toxic, reactive, flammable, or explosive chemicals."

ERISA rules

-"Fiduciary duties. An ERISA plan must be operated for the exclusive benefit of the participants and their beneficiaries. The plan fiduciaries must follow the prudent person rule with respect to the handling, investment, and management of the plan's assets" -"Eligibility requirements. ERISA establishes minimum eligibility requirements for retirement plan benefits. In general, the minimum requirements are "attainment of age 21 and completion of 12 months of service, with only a few exceptions." "Vesting requirements. ERISA establishes minimum vesting requirements for retirement plans. Vesting is the process by which a retirement benefit becomes nonforfeitable, that is, when the employee is permanently entitled to a portion or all of his or her benefit. Although an employee is always 100% vested in his or her own contributions, employer matching and other employer contributions often vest over time." -"Communication requirements. ERISA requires retirement and benefit plan administrators to prepare and distribute summary plan descriptions (SPDs) to participants. " -"Reporting requirements. In general, an annual report (Form 5500) must be filed with the IRS and made available for participants to inspect."

"Amendment of COBRA by the Health Insurance Portability and Accountability Act"

-"HIPAA clarifies that all related qualified beneficiaries eligible for COBRA because of the same 18-month qualifying event are entitled to purchase the additional 11 months of continuation coverage—for a total of 29 months—if any one of the qualified beneficiaries is disabled at the time of termination or at any time during the first 60 days of COBRA coverage." -"The rule that COBRA coverage could not be terminated if the qualified beneficiary obtained other coverage with a pre-existing condition was modified to allow termination of COBRA coverage if the qualified beneficiary is not subject to the pre-existing condition because of HIPAA's creditable coverage rule. -The definition of qualified beneficiary was changed to include children born to or placed for adoption with a covered employee while COBRA continuation coverage is in effect."

GINA exceptions

-"Inadvertent acquisitions of genetic information." -" For health or genetic services offered by the employer on a voluntary basis, if certain specific requirements are met." -" For purposes of complying with the FMLA (or leave under similar state/local laws or pursuant to an employer policy)" -"Where the employer purchases documents that are commercially available (such as newspapers) or accesses sources (such as websites) as long as the employer is not searching those sources with the intent of finding genetic information."

FMLA entitlement provisions

-"allows employees to take up to 12 workweeks of unpaid, job-protected leave during a designated 12-month period in the following cases: -For incapacity due to pregnancy, prenatal medical care, or childbirth -To care for the employee's child after birth or placement for adoption or foster care -To care for the employee's immediate family member (e.g., spouse, child, or parent) who has a seri" "DOL regulations issued in 2009 clarified one of the definitions of a serious health condition, which involves employee incapacity for more than three consecutive, full calendar days plus two visits to a health-care provider or one visit to a health-care provider plus a regimen of continuing treatment." "chronic serious health conditions, the employee must visit a health-care provider at least twice per year."

Recognizing Discrimination

-Disparate Treatment -Disparate (Adverse) Impact

"Other administrative concerns. The FLSA also addresses the following issues."

-Enforcement. The Wage and Hour Division of the DOL has broad powers to enforce the FLSA minimum-wage and overtime provisions. -Investigating claims. Any employee covered by the FLSA may initiate a complaint." -Penalties. An employer who violates the FLSA's requirements to pay overtime is liable to an employee in the amount of the unpaid overtime compensation as well as an additional, equal amount as liquidated damages. The statute of limitations under the FLSA is generally two years, but the time period can be extended to three years if there has been a willful violation by the employer. In addition to an award of unpaid wages, the employee is also entitled to recover reasonable attorneys' fees and costs incurred in bringing the action. An employee may not bring suit if he or she has been paid back wages under the supervision of Wage and Hour Division of the DOL or if the secretary of labor has already filed suit to recover the wages. Criminal penalties of not more than $10,000 and six months' imprisonment may also be imposed for certain willful violations. Under the FLSA, a violation is willful generally if the employer knew or showed reckless disregard as to whether its conduct violated the law."

Measure Employers can take to help ensure fair workplace

-Include sexual orientation in nondiscrimination policies. -Provide training. -Prohibit and prevent harassment of lesbian, gay, bisexual, and transgender employees. -Recognize organizations representing the interests of lesbian, gay, bisexual, and transgender employees. -Refer to "sexual orientation" rather than "sexual preference."

Key PPACA Provisions

-Lifetime maximum benefit limits Eliminates lifetime maximum benefit limits on essential health benefits. * Plan years beginning on or after September 23, 2010" -Preexisting conditions --Eliminates all preexisting condition limitations for participants and plan beneficiaries under the age of 19. Plan years beginning on or after September 23, 2010" --"Eliminates all preexisting condition limitations for all participants and beneficiaries. Plan years beginning on or after January 1, 2014" -"Small employer health-care tax credit Provides a tax credit (up to 35% of employer's cost for group health care premiums) for qualifying small employers." "Available beginning January 1, 2010; credit increases to 50% beginning 2014" Excerpt From: Society for Human Resource Management. "Workplace, SHRM Learning System 2018." Apple Books. -Preventive care "For nongrandfathered plans only. Provides first-dollar coverage (with no deductible or employee payment co-shares) for certain preventive care services. ** Plan years beginning on or after September 23, 2010" -"Dependent coverage For nongrandfathered plans—requires coverage of employees' adult children until age 26. For grandfathered plans (until January 1, 2014)—plan sponsor may optionally decline to cover any adult children who have group coverage available through their own employer." -"Uniform explanation of coverage Requires employers to provide participants and plan beneficiaries a summary of benefits and coverage (not to exceed four pages) prior to enrollment, reenrollment, or prior delivery of the certificate of coverage." 9/22/12 -"Notice of material modifications Requires employers to provide a notice of material changes to the Summary of Benefits and Coverage effective other than as of the beginning of the plan year ++at least 60 days++ in advance of the effective date of change." 9/23/12 -"Annual benefit limits Prohibits annual limits on essential health benefits." 9/22/10-12/31/13 -"State health marketplaces Creates state-run health-care marketplaces allowing both individuals and employers the ability to purchase standardized plan designs for health coverage." 1/1/14 -"Cadillac plan" tax Places an excise tax on "high value" health plans—where the value of family coverage and coverage for retirees and employees in high-risk jobs exceeds specified limits (to be indexed annually)." 12/31/19

Sexual Harrassment

-Quid pro quo. Quid pro quo means "this for that" or "something for something." Quid pro quo harassment occurs when an employee is forced to choose between giving in to a superior's sexual demands and forfeiting an economic benefit such as a pay increase or continued employment. -Hostile environment. Hostile environment harassment occurs when sexual or other discriminatory conduct is so severe and pervasive that it unreasonably interferes with an individual's performance; creates an intimidating, threatening, or humiliating work environment; or perpetuates a situation that affects the employee's psychological well-being."

Tittle VII Protections

-Recruitment, hiring and advancement -Segregation and classification of employees -Harassment/hostile work environnement -Compensation -Other terms conditions and privileges of employment

ADEA Exceptions

-The employer is adhering to a genuine seniority or benefit plan. -The employer is disciplining or firing a person for reasonable factors other than age. -The employee is a top executive or policy maker. (High-level managers and certain bona fide executives or high policy makers can be required to retire at age 65 if they are entitled to receive organization-sponsored retirement benefits of at least $44,000 per year, in the aggregate, and have held their position for two years immediately prior to retirement.) The top executive exception to the prohibition on mandatory retirement does not apply in some states." "If the exception does not apply in a particular state, then the federal exception is irrelevant in that state. In some states, however, there may be a cap of age 70 for protection." ++ "special rules regarding retirement plans and insurance may legally apply to those who are age 65 and older: -Since 1988, the Employee Retirement Income Security Act (ERISA) has barred plans from ceasing or reducing retirement benefit accruals and/or contributions for employees who work past normal retirement age. (ERISA is covered in more detail in the discussion of compensation laws.) -Employers must offer employees age 65 and older and their spouses the same group insurance coverage provided to younger workers and their spouses. Medicare may be primary or secondary for active employees eligible to receive the organization's group insurance coverage." "The OWBPA prohibits age discrimination in the provision of fringe benefits, such as life insurance, health insurance, disability benefits, pensions, and retirement benefits. " "OWBPA: -Compensation and terms, conditions, and privileges of employment are defined to encompass all employee benefits, including benefits provided under a bona fide employee benefit plan. --++Older workers may not waive rights under the ADEA unless they are given 21 days (in the case of an individual termination) or 45 days (in cases of group termination or voluntary retirement programs) to consider the agreement and consult an attorney. --Employees must be given 7 days to revoke the agreement after signing it (individual and group terminations). -Eligible employees must be provided with certain workplace demographic information as part of a group termination release."

EPPA exceptions

-To employees who are reasonably suspected of involvement in a workplace incident that results in economic loss or injury to the employer's business and the employee had access to the property -To prospective employees of armored car, security alarm, and security guard firms that protect facilities, materials, or operations affecting health or safety, national security, or currency and other like instruments -To prospective employees of pharmaceutical and other firms authorized to manufacture, distribute, or dispense controlled substances who would have direct access to such controlled substances as well as current employees who are involved in an ongoing investigation of related criminal or other misconduct" "Even in the above cases +++(other than with respect to polygraph tests administered by the federal government to employees of federal contractors engaged in national security intelligence or counterintelligence functions)+++, an employer may not discriminate against prospective or current employees and may not discharge any current employee based solely upon refusal to take a polygraph test or analysis of a test. If an employee voluntarily agrees to take the test, the employee may terminate the test at any time."

OSHA Violations, Citations, and Penalties

-Willful -Serious -Other than serious -De Minimis -Failure to abate -Repeated

Tttle VII Exceptions

-Work-related requirements- relative to business necessity -Bona fide occupational qualification. If religion, sex, or national origin is a bona fide occupational qualification (BFOQ) reasonably necessary to carrying out a particular job function in the normal operations of the organization, the factors may be used in employment practices. Race can never be a BFOQ. -Bona fide seniority systems. Bona fide seniority systems that were not designed to discriminate are lawful under Title VII. -Affirmative action plans. Targeted or selective selection to fulfill an affirmative action plan can be a "consideration" in the otherwise antidiscrimination approach of the legislation within the Civil Rights Act of 1964, although for decades such practices have given rise to "reverse" discrimination cases in state and federal courts, including the U.S. Supreme Court."

FCRA Requirements

-Written notice and authorization -Pre-adverse action:"If an employer decides not to hire an applicant or to take some other adverse action with regard to a current employee based in whole or in part on the consumer report, the applicant or employee must be provided with a copy of the report and given "a reasonable period of time" to present evidence challenging the information contained in the report." -Adverse action procedures. After the employer has taken adverse action based in whole or in part on the consumer report (as well as any information that the individual submitted in response to the pre-adverse action notice), the employer must give the applicant or employee notice that such action has been taken. " -Certifications to credit bureaus. Credit bureaus will require employers to certify that they are in compliance with the FCRA and that they will not misuse any information in the report in violation of federal or state laws." -Penalties. Plaintiffs who prove willful noncompliance with the act can recover actual damages (between $100 and $1,000), punitive damages, and costs—including attorneys' fees. Negligent noncompliance subjects an employer to actual damages, costs, and attorneys' fees"

ADAAA nine rules of construction

1-The term "substantially limits" is to be construed broadly in favor of expansive coverage, to the maximum extent permitted by the terms of the ADA. 2-An impairment is a disability if it substantially limits the ability of an individual to perform a major life activity as compared to most people. An impairment does not need to prevent or significantly restrict a major life activity to be considered "substantially limiting." However, not every impairment will constitute a disability. 3-The determination of disability should not require extensive analysis. 4-Determining whether an impairment substantially limits a major life activity requires an individualized assessment that is "simple and straightforward." 5-The comparison of an individual's performance of a major life activity to that of most people usually will not require scientific, medical, or statistical analysis. However, nothing prohibits the presentation of scientific, medical, or statistical evidence to make such a comparison where appropriate. 6-With one exception (eyeglasses or contact lenses), the determination of whether an individual has a disability shall be made without regard to the ameliorative effects of mitigating measures. In other words, employees will be evaluated without regard to the hearing aids, medication, prosthetic devices, and other measures they use to manage[...]""Impairments that are episodic (such as epilepsy) or in remission (such as cancer) are disabilities if they would substantially limit a major life activity when active. 7-An impairment that substantially limits one major life activity need not substantially limit other major life activities to be considered a substantially limiting impairment." "While there is no minimum duration in determining whether an impairment substantially limits a major life activity, disabilities under the ADA must be conditions that are not both transitory and minor. Thus, impairments that last only a short period of time may be covered if sufficiently severe" "The act specifically states that homosexuality, bisexuality, transvestitism, and compulsive gambling are not physical or mental impairments. "

Phillips v. Martin Marietta Corporation 1971

1971 case that stated that an employer may not, in the absence of business necessity, refuse to hire women with preschool-aged children while hiring men with such children. "is one of the first cases to apply the sex discrimination provisions of Title VII of the Civil Rights Act of 1964 to employment decisions. An employer may not, in the absence of business necessity, refuse to hire women with preschool-aged children while hiring men with such children." She Prevailed

Lechmere, Inc. v. NLRB

1992 case in which the U.S. Supreme Court ruled that an employer cannot be compelled to allow nonemployee organizers onto the business property. "In Lechmere, Inc. v. NLRB (1992), the U.S. Supreme Court ruled that Lechmere did not commit an unfair labor practice by barring nonemployee union organizers from its property. The court cited another related ruling and noted that the NLRA confers rights only on employees, not on unions or their nonemployee organizers. Thus, as a rule, an employer cannot be compelled to allow nonemployee organizers onto the business property to any extent greater than it permits other organizations access to its business property."

Ledbetter v. Goodyear Tire & Rubber Co.

2007 case in which the U.S. Supreme Court ruled that claims of sex discrimination in pay under Title VII were not timely because discrimination charges were not filed with the EEOC within the required 180-day time frame.

Patient Protection and Affordable Care Act (PPACA)

2010 U.S. law that requires virtually all citizens and legal residents to have minimum health coverage and requires employers with more than 50 full-time employees to provide health coverage that meets minimum benefit specifications or pay a $2,000 penalty per ee per year. This provision applies to employers with at least 100 full-time employees beginning in 2015 and to employers with at least 50 full-time employees beginning in 2016."

FLSA exemptions

3 requirements must be met: Minimum Salary, Paid on a salary basis (w/o improper deductions), and Primary duties++ ++"is the main or most important duty of the position. To be exempt, an employee's primary duty must be the performance of exempt work. Although no particular percentage of exempt duties is required under the FLSA, the lower the total percentage of exempt duties, the greater the legal risk to the employer if challenged by the Department of Labor (DOL). Conversely, if more than 50% of an employee's time is spent performing exempt work, the employee is more likely to be considered exempt. However, there is no 50% requirement under federal law."

Amendment to FCRA - FACT Act 2003

Amends the Fair Credit Reporting Act and provides some relief to employers using third parties to conduct workplace investigations. Under the FACT Act, an employer who uses a third party to conduct a workplace investigation no longer needs to follow the consent and disclosure requirements of the FCRA before commencing the investigation if the investigation involves suspected misconduct, a violation of law or regulations, or a violation of any preexisting written policies of the employer.

Equal Pay Act of 1963

An amendment to the Fair Labor Standards Act, this act requires equal pay for men and women doing equal work.

Basics of IRS Independent Contractor Guideline

Behavioral Control "Facts that show whether the organization has a right to direct and control how the worker does the task for which the worker is hired, include the type and degree" "Financial control Facts that show whether the organization has a right to control the business aspects of the worker's job" "Relationship of the parties Facts that show the parties' type of relationship"

Fair Labor Standards Act of 1938

Establishes minimum wage, overtime pay, youth employment, and record-keeping standards affecting full-time and part-time workers in the private sector and in federal, state, and local governments." "The FLSA applies to public and private employers with at least $500,000 in annual dollar volume of business (with some limited exceptions). It also applies to organizations with employees who engage in interstate commerce or the production of goods for interstate commerce" "The FLSA covers the following organizations regardless of the dollar volume of their businesses: -Hospitals -Institutions primarily engaged in the care of the sick, aged, mentally ill, or disabled who reside on the premises -Schools for children who are mentally or physically disabled or gifted -Preschools, elementary and secondary schools, and institutions of higher education -Federal, state, and local government agencies " "Under certain circumstances, the FLSA may also cover domestic service workers, such as day workers, housekeepers, chauffeurs, cooks, or full-time babysitters."

Consolidated Omnibus Budget Reconciliation Act (COBRA) 1985

Eyr has to have an average of 20 employees or more in the previous calendar year " provides individuals and their dependents who otherwise would lose their coverage due to a COBRA qualifying event with an opportunity to continue receiving health-care coverage under the employer's group health plan at the individual's expense. COBRA qualified beneficiaries must pay the full premium for the coverage. In addition, the plan may elect to charge a qualified beneficiary a 2% administrative fee."

WARN Act Exceptions

Fewer than 60 days' advance notice, provided the employer satisfies specific criteria. The employer bears the burden of proof to show that its situation falls within a WARN exception. -Faltering company. This exception covers certain situations where an organization has actively sought ++new capital or business in order to stay open__ and where giving notice would ruin the opportunity to get the new capital or business. The faltering company exception is narrowly construed and applies only to plant closings. -Unforeseeable business circumstances. This exception applies to closings and layoffs that were sudden and were not reasonably foreseeable at the time notice would otherwise have been required (such as the sudden and unpredicted loss of a key business client that severely impacts the organization's financial stability). -Natural disaster. This exception applies where a closing or layoff is the direct result of a natural disaster, such as a flood, ear" "A number of states and some municipalities have "mini WARN" laws that may apply even when federal WARN does not."

OSHA Forms

Form 300: Log of Work-Related Injuries & illnesses Form 300A: Summary of Work-Related Injuries and illnesses Form 301: Injury and illness Incident Report

EEOC Complaint Process

In cases of alleged discrimination, the following complaint process is used: *The EEOC sends a letter that informs the respondent that a charge was filed and includes a copy of the charge and requests further information *The EEOC reviews the charge *The EEOC makes a determination as to whether there is reasonable cause to believe that discrimination has occurred -If no reasonable cause: The EEOC notifies both the charging party & the respondent. The charging party is given notice of the right to sue w/in 90 days -If reasonable cause: The EEOC works with the employer to achieve a voluntary solution. Requires the employer to provide the appropriate remedy for the discrimination. Charge is settled or may go to litigation with EEOC or private court. -If EEOC does not make a determination: Charging party has right to request right-to-sue letter after 180 days. Charging party must file suit in court within 90 days.

NLRB v. Weingarten

Landmark 1975 U.S. labor relations case that dealt with the right of a unionized employee to have another person present during certain investigatory interviews. The U.S. Supreme Court ruled that: -Management must inform the union representative of the subject of the interview. -The representative must be allowed to speak privately with the employee before the interview. -The representative can interrupt to clarify a question or to object to confusing or intimidating tactics. -The representative cannot tell an employee what to say but may advise the employee as to how to answer a question. -At the end of the interview, the representative can add information to support the employee's case. " ++"Over the years, the NLRB has vacillated on the applicability of Weingarten to nonunion employees: -In 2000, the NLRB extended these rights to nonunion employees. Nonunion employees who were not supervisors were able to bring along a coworker to an investigatory meeting with an employer. -In 2004, the NLRB ruled that the Weingarten rights apply only to unionized employees, reversing the 2000 decision." -In 2016, the NLRB was petitioned to change its position and again apply Weingarten rights to nonunion employees; the NLRB declined to do so."

Essential functions

Primary job duties that a qualified individual must be able to perform, either with or without reasonable accommodation that a qualified individual must be able to perform, either with or without accommodation. A function may be considered essential for a variety of reasons, including (but not limited to) the following items: -The reason the job exists is to perform the function. -There are a limited number of employees available among whom performance of the job function can be distributed. -The function may be highly specialized and require specific expertise or ability." Title I of ADA covers -medical examinations and inquiries -drug and alcohol abuse

"Genetic Information Nondiscrimination Act (GINA) of 2008

Prohibits discrimination against individuals on the basis of their genetic information in both employment and health insurance. Employment decisions based on genetic information are inappropriate because genetic information does not tell the employer anything about an individual's current ability to work." "Family members are not limited to biological relatives. For example, GINA considers an adopted child to be a family member. Covered employers are those with 15 or more employees and include state and local governments. Many states also prohibit employment discrimination on the basis of genetic information. Unlike GINA, some state laws may apply to employers with fewer than 15 employees."

"Fair Credit Reporting Act (FCRA) of 1970"

Regulates the collection and use of consumer credit information. The FCRA's purpose is to protect the privacy of background information and to ensure that the information supplied is accurate. FRCA calls for full disclosure of consumer reports (including credit reports, criminal background checks, motor vehicle history, employment verifications, and reference checks) by consumer reporting agencies (CRAs) so that individuals subject to them can dispute the accuracy, wrongful use, or interpretation of the information. The legal obligations that the FCRA imposes on CRAs did not apply to employers at the law's inception. A 1999 memorandum, however, did extend the compliance requirement to employers who use a third party (CRA) to pull credit consumer reports, run criminal background checks, or conduct detailed background checks on applicants, employees, and independent contractors. This requirement was addressed in the Fair and Accurate Credit Transactions Act (FACT Act) of 2003, which is discussed below."

"Worker Adjustment and Retraining Notification Act WARN Act 1988

Requires some employers to give a ++minimum of 60 calendar days++ of advance written notice if a plant is to close or if mass layoffs will occur. This act allows displaced workers adequate time to search for a new job and allows government entities to determine whether any assistance may be available for affected workers; therefore, it potentially reduces the impact of any mass layoff or plant closing."

Identifying a Reasonable Accommodation

Step 1. Individual asks for accommodation, directly or indirectly Step 2. Identify the barriers to performance of essential job functioning for ind. Step 3. Identify possible accommodations that might be helpful in overcoming the barries Step 4. Assess the reasonable acco.. inc wheather they are the yer resp. and whether they impose an undue hardship Step 5. Choose the appropriate accommodation for the ind.

The NLRB enforcement

The NLRB was created to enforce the self-organization rights of employees to: -Form, join, or assist labor organizations. -Bargain collectively through representatives of their own choosing. -Engage in concerted activities for the purpose of collective bargaining or other mutual aid and protection. -Refrain from any or all such activities."

Equal Employment Opportunity

The basic premise of antidiscrimination legislation over the past five decades is that employers should not make employment decisions on the basis of an applicant's or employee's race, sex (including pregnancy), ethnicity, national origin, citizenship, religion, age, color, military/veteran status, genetic information, Family and Medical Leave entitlement, disability status, and other factors. Rather, employment decisions—including hiring, work assignments, compensation, promotions, and terminations—must be job-related and consistent with business necessity."

Equal Employment Opportunity Act 1972

U.S act that amended Title VII and gave the Equal Employment Opportunity Commission EEOC authority to implement its administrative findings and conduct its own enforcement litigation.

Older Workers Benefit Protection Act (OWBPA) 1990

U.S. act that amended the Age Discrimination in Employment Act ADEA to include all employee benefits; also provided standards that an employee's waiver of the right to sue for age discrimination must meet in order to be upheld by a court. "amended the ADEA to prohibit discrimination in two areas: -Employee benefits. The act provides guidance on the ADEA requirement that benefits offered to older workers must be equal to " "the benefits offered to younger workers. -Waivers of claims. The act provides standards that an employee's waiver of the right to sue for age discrimination must meet in order to be upheld by a court."

Unfair labor practice (ULP)

Union members commonly file ULPs against the union because the union failed to fairly represent its members (e.g., refusing to bargain in good faith with the employer). Employees also file ULPs against union leaders for intimidation, coercion, violence, and many other labor law violations if they exercise their rights to refrain from concerted activity. +Common employer ULPs include: -Interfering with employees as they engage in concerted activity. -Dominating or assisting a labor union. -Retaliating against any employee because of union activity. -Retaliating against an employee for filing charges with the NLRB. -Refusing to bargain collectively in good faith with a union. -Promising or giving benefits to employees who oppose a union (e.g., rewarding employees who infiltrate or spy on union meetings or question other workers about their support for a union)." + "Employers should remember that, even if there is no organizing campaign under way or contract in place, they must abide by the provisions of the NLRA and respect covered activities. These may include one employee acting on the authority of one or more coworkers or two or more covered employees: -Objecting to harassment. -Refusing to work under dangerous conditions. -Honoring a picket line, refusing voluntary on-call work, filing grievances, or protesting discrimination. -Complaining about wages or hours of work. -Petitioning the employer for resolution of some issue."

COBRA coverage

Up to 18 months for individuals and their spouses and dependents May extend for up to 36 months for spouses and dependents facing a loss of employer-provided coverage because of an employee's: Death Divorce Legal separation Other (termination, retirement, layoff) "Termination of employment for gross misconduct 0 Termination of employment for any reason other than gross misconduct 18 Reduction in hours 18 Employee is disabled at the time of reduction in hours or termination (if required notice is provided to plan administrator in timely manner) 29 Divorce or death of the employed spouse 36 Dependent child loses eligibility status 36"

The Occupational Safety and Health Administration (OSHA)

Was created within the federal DOL to administer and enforce the act. OSHA's mission is to help employers and employees reduce on-the-job injuries, illnesses, and deaths. Several objectives for OHSA are included in the act. Key ones are to: -Encourage employers and employees to reduce safety and health hazards. -Encourage employers and employees to perfect safety and health programs. -Authorize the secretary of labor to establish mandatory occupational health and safety standards. -Create an Occupational Safety and Health Review Commission (OSHRC) to hear appeals under the act. -Provide health and safety research through the National Institute for Occupational Safety and Health (NIOSH). -Discover the causal connections between diseases and work and establish appropriate standards to eliminate industrial disease. -Establish medical criteria to ensure that no employee will suffer diminished health, functional capacity, or life expectancy. -Implement training programs to improve the quantity and quality of people engaged in the safety and health field. -Provide an effective program of enforcement of safety and health standards. -Encourage the states to assume responsibility for the administration and enforcement of safety and health regulations. -Provide appropriate reporting procedures with regard to safety and health. -Encourage joint labor-management efforts to reduce injuries or desease ++ Inspectors "OSHA does not normally give advance notice. Inspections may be conducted at random or in response to complaints of unsafe conditions. Employers must submit to an inspection if the inspector has a warrant."

The National Labor Relations Act (NLRA) of 1935

Was passed with the purpose of protecting and encouraging the growth of the union movement. The act established workers' rights to organize and bargain collectively with employers. The NLRA also established a new independent agency—the National Labor Relations Board (NLRB). -The Labor-Management Relations Act (LMRA) of 1947 significantly amended the NLRA and imposed several restrictions and requirements on unions. -The Labor Management Reporting and Disclosure Act (LMRDA) of 1959 further amended the NLRA and imposed regulations on internal union affairs and the relationship between union officials and union members."

Equal work

Work having equal skills, equal effort, equal responsibility, and equal working conditions, all performed at the same location exceptions: "An employer can defend its pay disparity by showing that the pay disparity was based on: A seniority system. A merit system. A difference in the quality or quantity of work. Geographic work differentials. Any factor other than sex."

"Faragher v. City of Boca Raton (1998) and Burlington Industries, Inc. v. Ellerth (1998)

are two U.S. Supreme Court rulings distinguishing between supervisor harassment that results in tangible employment action (such as discharge, failure to promote, or demotion) and supervisor harassment that does not. When harassment results in a ++tangible adverse employment action, the employer is always liable.++ "This legal responsibility of the employer is a form of vicarious liability. Vicarious liability is a legal doctrine under which a party can be held liable for the wrongful actions of another party. Because of this doctrine, ++employers are legally responsible for the discriminatory acts of their supervisors and managers++ and may be for their nonsupervisory employees as well." "The implications of the U.S. Supreme Court decisions are that in order to reduce liability for harassment claims, a company should: Train both employees and managers on a regular basis. Oblige employees to report any incidents of harassment. Investigate reported allegations promptly and thoroughly. Implement corrective measures when necessary."

Disparate Adverse Impact

occurs when an organization uses an employment practice or procedure that results in unfavorable outcomes to a protected class UNINTENTIONAL -Indirect discrimination -unequal consequences or results -Usually unintentional -Neutral actions -Same standards but different consequences

Safe Harbor Provision

prevents the employer from losing an overtime exemption for improper pay deductions—regardless of the reason for the improper deductions—where the employer: -Has a "clearly communicated policy" that prohibits improper pay deductions and includes a complaint mechanism. -Reimburses employees for any improper deductions. -Makes a good-faith effort to comply in the future."

Disparate Treatment

results when employees from protected groups are INTENTIONALLY treated differently -direct discrimination -Unequal treatment -Intentional -prejudiced action -Different standards

Griggs v. Duke Power (1971)

the Court put the burden on employers to show that an employment policy whose effect is discriminatory, even if discrimination was not the intent of the policy, is a "business necessity." DISPARATE IMPACT "sets the standard for determining whether discrimination based on disparate impact exists. When an employer establishes an employment practice (such as an education requirement or a test score), the employer must be able to justify its actions as being job-related and consistent with a business necessity. Practices, procedures, or tests that appear neutral on their face, and even neutral in their intent, and that result in a discriminatory effect on a protected class without the above justification are illegal." Griggs prevailed - high school diploma

Uniformed Services Employment and Reemployment Rights Act and Amendments 1940 and Uniformed Services Employment and Reemployment Rights Act (USERRA) of 1994 substantially revised such provisions.

was enacted to protect the employment, reemployment, and retention rights of persons who voluntarily or involuntarily serve or have served in the uniformed services." "The Veterans Benefits Improvement Act of 2004 amended portions of USERRA. ++The DOL administers USERRA and published final regulations in 2005." "applies to virtually all employers, both public and private, regardless of size, and prohibits discrimination in employment, job retention, advancement, or any benefit of employment on the basis of membership, application for membership, application for service, performance of service, or obligation for service in the uniformed services." -Confirm that applicants are covered by USERRA if an organization rejects a candidate or withdraws an offer of employment due to pending military leave. -Require employees or an appropriate representative of the military to provide oral or written notice of the need for leave (according to Department of Defense regulations cited in the USERRA regulations, ++30 days when feasible).++ -Allow an employee to ++take military leave for up to five years++ (extended in some circumstances, such as an order to remain on active duty because of a war or national emergency that is unrelated to training). -Clarify the types of military service covered by USERRA. -Give employees on military leave the same non-seniority-based benefits and rights generally provided (by contract, agreement, policy, practice, or plan) to other employees with similar seniority, status, and pay on other types of leaves. -Give employees on military leave the same seniority-based benefits they would have received if they had not taken military leave. -Give covered employees the right to choose whether they want to use paid leave, if any is available during their absence for covered service. Require that military leave not create a break in service for retirement plan[...]" "USERRA regulations specify that an "employee may not prospectively waive his or her right to reemployment."