Overview Of United States Labor Laws Heller Ehrman LLP James R. Hays

The Employer-Employee Relationship Is Among The Most Regulated Of All Areas

Heller Ehrman LLP Fair Employment Practices Acts Federal Laws State Laws Local Laws

Heller Ehrman LLP Federal Laws Title VII of the Civil Rights Act of 1964 Equal Pay Act of 1963 Age Discrimination in Employment Act Civil Rights Act of 1866 Americans With Disability Act Immigration Reform and Control Act of 1986 Laws Affecting Federal Contractors

Heller Ehrman LLP Title VII of the Civil Rights Act of 1964 A person engaged in an industry affecting commerce who has fifteen or more employees for each working day in each of twenty or more calendar weeks in the current or proceeding calendar year.

Heller Ehrman LLP Title VII of the Civil Rights Act of 1964 Under Title VII, an employer may not discriminate against an individual on the basis of an individual’s race, color, religion, sex, pregnancy or national origin. Title VII expressly prohibits discrimination in connection with the hiring and discharge of an employee and “with respect to his or her compensation, terms, conditions, or privileges of employment.”

Heller Ehrman LLP Title VII of the Civil Rights Act of 1964 An employer may not “limit, segregate or classify” employees based on any of the prohibited categories listed above, if doing so would deprive or tend to deprive an individual of employment opportunities or otherwise affect his or her status as an employee.

Heller Ehrman LLP Age Discrimination in Employment Act A person engaged in an industry affecting commerce who has twenty or more employer for each working day in each of twenty or more calendar weeks in the current or proceeding calendar year.

Heller Ehrman LLP Age Discrimination in Employment Act The ADEA prohibits an employer from discriminating against employees or prospective employees age 40 and older. An employer may not refuse to hire, discharge, or otherwise discriminate against an individual with respect to compensation, terms, conditions, or privileges of employment on the basis of the individual’s age.

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

Heller Ehrman LLP Americans With Disabilities Act A person engaged in an industry affecting commerce who has fifteen or more employees for each working day in each of twenty or more calendar weeks in the current or proceeding calendar year.

Heller Ehrman LLP The Americans With Disabilities Act An employer may not discriminate against a “qualified individual with a disability” because of such disability “in regard to job application procedures,” hiring, advancement, discharge, compensation, training and “other terms and conditions and privileges of employment.” Failure to make reasonable accommodations for the employee or denying employment to avoid having to make such reasonable accommodations.

Heller Ehrman LLP The Americans With Disabilities Act HOWEVER, an employer need not accommodate an individual’s disability if to do so would impose an undue hardship on the operation of the employer’s business.

Heller Ehrman LLP State Laws State Fair Employment Practices Law Sexual Orientation Martial Status Arrest Records Child Care Responsibilities

Heller Ehrman LLP Basic Principles of Equal Employment Opportunity Applications and employees with equal qualifications, skills and abilities must be treated equally Employers must be able to provide valid business-related reasons for adverse employment actions against applicants and employees in a protected class Standards that appear to be neutral and apply to all applicants may still be discriminatory if they impact heavily on protected classes

Heller Ehrman LLP Basic Principles of Equal Employment Opportunity Employment decisions based on stereotypes usually led to unlawful results Exception to the rule of equal treatment: “reasonable accommodations” required for religious practices and the disabled

Heller Ehrman LLP Workplace Harassment Sexual Harassment Other Harrassment

Heller Ehrman LLP Sexual Harassment The Legal Definition Sexual harassment is an unwelcome sexual advance, request for sexual favors, or other verbal or physical conduct of a sexual nature. Such unwelcome conduct is considered illegal if: Submission to or rejection of the conduct is made explicitly or implicitly a term or condition of employment;

Heller Ehrman LLP Sexual Harassment The Legal Definition Submission to or rejection of the conduct by the individual is used or threatened to be used as the basis for employment decisions such as hiring, promotion, pay, or termination; or The conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive work environment.

Heller Ehrman LLP Other Types of Workplace Harassment Workplace harassment is characterized by any derogatory, abusive, threatening or intimidating behavior, and/or reference to attributes of race, color, religion, national origin, citizenship status, age, marital status, sexual orientation, or disability. Prohibited harassment includes, but are not limited to: Intentionally making performance of the employee’s job more difficult because of the employee’s race, color, religion, national origin, citizenship status, age, martial status, sexual orientation or disability;

Heller Ehrman LLP Other Types of Workplace Harassment Severe or pervasive use of ethnic slurs and insults, or other verbally abusive, threatening or intimidating behavior; Physically abusive, threatening or intimidating behavior based on one of the aforementioned attributes.

Heller Ehrman LLP Hiring Issues Recruitment Process Testing (Skills and Medical) Background Checks Training Interviewer

Heller Ehrman LLP Offer Letters/Employment Contract Legal Requirements Why Have/Why Avoid At-Will Employment Statement Reserve Right To Change Terms/Conditions

Heller Ehrman LLP Offer Letters/Employment Contract Outline Job Duties Alternative Dispute Resolution Salary/Hourly Wage Rate Benefits Employee Handbook Restrictive Covenants

Heller Ehrman LLP Employee Handbook Legal Requirements Why Have/Why Avoid

Heller Ehrman LLP Job Description Legal Requirements Why Have/Why Avoid Updating

Heller Ehrman LLP Employee Handbook At-Will Statement Equal Employment Opportunity Workplace Harassment Work Rules Family and Medical Leave Internet/ Usage Confidentiality Statement

Heller Ehrman LLP Job Description Job Title Responsibilities Necessary Skills Required Experience Required Credentials

Heller Ehrman LLP Payroll Issues Exempt/Non-Exempt Status

Heller Ehrman LLP The “White Collar” Exemptions Executive Employee Administrative Employee Professional Employee Computer Employee Highly Compensated Employee

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

Heller Ehrman LLP Leaves of Absence Family and Medical Leave Disability Leave Workers’ Compensation Leave ADA Reasonable Accommodation Leave Military Leave

Heller Ehrman LLP Family and Medical Leave Any person engaged in commerce or in industry or activity affecting commerce who employs fifty or more employees for each working day during each of 20 or more calendar work weeks in the current or proceeding calendar year.

Heller Ehrman LLP Family and Medical Leave Employee Eligibility 12 Months of Employment 1,250 Hours Worked

Heller Ehrman LLP Family and Medical Leave Employee Right 12 weeks of employment protected unpaid leave during 12 month period

Heller Ehrman LLP Family and Medical Leave Reasons for Leave Birth or Care of Child/Foster Child/Adoption Care for immediate family member with serious medical condition Care for own serious medical condition

Heller Ehrman LLP Americans with Disability Act Reasonable Accommodation Leave Any change in the work environment or in the way the job is performed that enables a person with a disability to perform his or her job

Heller Ehrman LLP Termination Issues Fair Employment Practices Acts Legal Liability Progressive Discipline Employment References

Heller Ehrman LLP Fair Employment Practices Acts Title VII of the Civil Rights Act of 1964 Equal Pay Act of 1963 Age Discrimination in Employment Act Civil Rights Act of 1866 Americans With Disability Act Immigration Reform and Control Act of 1986 Laws Affecting Federal Contractors

Heller Ehrman LLP Liability Reinstatement Back Pay Compensating Pay Front Pay Punitive Damages Attorneys’ Fees

Heller Ehrman LLP Progressive Discipline The ACT method of effective performance management techniques Accurate Constructive Timely

Heller Ehrman LLP Employment References Dates of Employment Positions Held

An Overview Of United States Labor Laws Heller Ehrman LLP James R. Hays