Good Morning !!!!

Class Overview

LECTURE 2: The Law and Human Resource Management

U.S. Constitution

5th Amendment--Due Process n "No person shall be deprived of life, liberty of property without due process of law"

13th Amendment-- Involuntary Servitude n "Neither slavery nor involuntary servitude, except as punishment for a crime, shall exist."

14th Amendment n No state law can supersede a federal law.

Civil Rights Acts of 1866 & 1871 n Grants all people in every state the right to make and enforce contracts, to sue, give evidence, and to the full and equal benefit of all laws enjoyed by white citizens.

The Fair Labor Standards Act (FLSA)

Who is Covered? n Companies with two or more employees, and n Companies with gross sales in excess of 500K

Exempt versus Nonexempt Employees n An exempt employee is not covered by the provisions of the act n Exempt employees include professional, administrative, executive and outside sales jobs. n Job titles are insufficient yardsticks n Remember the 80/20 rule!

Minimum Wage Provision n Establishes base pay at 5.15 per hour

Overtime Provision n In most cases, nonexempt employees must be paid 1 1/2 times their normal rate of pay for any hours worked over 40 hours in a week n Normal rate does not mean base rate!

Child Labor Provision n Established to protect the safety and educational opportunities of children under the age of 18.

Enforcement of the FLSA n Record Keeping Requirements n Enforced by the Wage and Hour Division of the U.S. Department of Labor

Equal Pay Act of 1963 n Prohibits sex discrimination in the payment of wages, except where payment is made pursuant to: u1) Seniority System u2) Merit System u3) Incentive System u4) Any factor other than sex

Equal Pay Act of 1963 n As of 1979 the Equal Pay Act is Administered by the EEOC

Civil Rights Act of 1964 n Divided into several sections called Titles n Title VII deals with employment discrimination n Principle body of fair employment legislation

Bases of Title VII n Discrimination in employment is illegal based on SEX, RACE, Religion, or NATIONAL ORIGIN.

Title VII covers... n public and private employers n employment agencies n apprenticeship programs

Title VII established the EEOC n The federal regulatory agency that enforces federal discrimination laws.

1972 Equal Employment Opportunity Act n Amendment to Title VII

Expanded Title VII to... n public and private employers with 15 or more employees n both public and private labor organizations with at least 15 members n employment agencies

1967 Age Discrimination in Employment Act (ADEA) n Amended in 1986 n Prohibits discrimination on the basis of age if the employee is 40 or over unless age is a BFOQ

Executive Orders 11246, & n Covers government contractors and subcontractors with contracts in excess of 10,000. n The Executive Orders prohibit discrimination on the basis of sex, race, color, religion, or national origin by federal agencies, contractors, and subcontractors.

The Executive Orders... n prescribe that employment policies be based on MERIT & FITNESS

The Executive Orders are called "Affirmative Acts" because... n Contracts in excess of 10k must maintain a program of equal opportunity n Contracts in excess of 50K and 50 employees must have an approved Affirmative Action Plan (AAP) on file in the OFCCP

1990 Americans with Disabilities Act (ADA) n Applies to employers with 15 or more employees n Administered by the EEOC

ADA... n Employment discrimination is prohibited against individuals with disabilities who are able to perform the essential job functions with or without reasonable accommodations.

ADA... n What is a Disability? ua physical or mental impairment that substantially affects one or more major life activities uPeople perceived as handicapped are protected

ADA... n What are Essential Job Functions? uThose job duties that every employee must do to be a successful employee

ADA... n What is a Reasonable Accommodation? uChanging the work environment uRedesigning the job uAltering work schedules n A firm can claim undue hardship...Good luck!

ADA... n No accommodation is necessary if the person does not meet stated minimal qualifications!

1991 Civil Rights Act n Comprehensive set of amendments to Title VII n Three most important changes...

1991 Civil Rights Act... n Burden of Proof uReinstated the Griggs standard that the burden of proof in a discrimination case rests on the Employer uThe Plaintiff must only establish a prima facie case!

1991 Civil Rights Act... n Quotas uQuotas are prohibited uMust balance between giving preference and setting quotas in your AAP

1991 Civil Rights Act... n Damages and Jury Trials uAllows both punitive and compensatory damages uAllow jury trials

1993 Family and Medical Leave Act (FMLA) n Most employers must now provide up to 12 weeks unpaid leave to eligible employees for... uthe birth or adoption of a child uto care for a sick child, spouse or parent uto care for the employee’s own health condition

FMLA... n Applies to firms with 50 or more employees in a 75 mile radius n Must get the equivalent job and conditions upon return from leave n Employees are eligible after 12 months service to the company

FMLA Compliance Checklist n Is the Employer covered? n Have supervisors been informed of FMLA policies? n Are posting and record keeping requirements met? n Which employees are eligible for Family Leave? How much leave do they have coming?

FMLA Checklist... n Are the procedural requirements for leave followed correctly? n Has the employee been notified of FMLA leave? n Are employees required to use paid leave as part of Family Leave?

FMLA Checklist... n How are benefit premiums paid during leave? n Have provisions been made for job reassignment after leave?

Question??? How Involved Should the Federal Government Get in Family Leave and Work Schedules?

Other Laws to Ponder...

1986 Immigration Reform and Control Act n Requires completion of an Employee Eligibility Verification Form (I9)

1988 Drug Free Workplace Act n Government contractors must ensure a workplace free from drug use n Required to prevent and to educate about illegal drug use n Brought about acceptance of drug testing

Case Analysis-- n EEO and AIDS: A Right to Know

Case Questions... n What, if anything, did management do wrong in this case? n Do you think a lawsuit against the firm will be successful? Why or why not?

Any Questions?