hot topics in u.s. employment law

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www.KDVLAW.com 11755 Wilshire Boulevard, Suite 2400 Los Angeles, California 90025 Telephone: 310.775.6511 Fax: 310.575.9720 Long Island | New York City | New Jersey | Pennsylvania | San Francisco | Los Angeles | Florida www.KDVLAW.com 11755 Wilshire Boulevard, Suite 2400 Los Angeles, California 90025 Telephone: 310.775.6511 Fax: 310.575.9720 Long Island | New York City | New Jersey | Pennsylvania | San Francisco | Los Angeles | Florida Hot Topics In U.S. Employment Law Sarah K. Goldstein Director of Employment Practices, Los Angeles Office [email protected] Telephone: 310.775.6522

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Hot Topics In U.S. Employment Law. Sarah K. Goldstein Director of Employment Practices, Los Angeles Office [email protected] Telephone: 310.775.6522. Presentation Roadmap. Harassment/Discrimination Protected Categories Wage & Hour Employment Practices Liability Insurance - PowerPoint PPT Presentation

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Page 1: Hot Topics In  U.S. Employment Law

www.KDVLAW.com11755 Wilshire Boulevard, Suite 2400Los Angeles, California 90025

Telephone: 310.775.6511Fax: 310.575.9720

Long Island | New York City | New Jersey | Pennsylvania | San Francisco | Los Angeles | Florida

www.KDVLAW.com11755 Wilshire Boulevard, Suite 2400Los Angeles, California 90025

Telephone: 310.775.6511Fax: 310.575.9720

Long Island | New York City | New Jersey | Pennsylvania | San Francisco | Los Angeles | Florida

Hot Topics In U.S. Employment Law

Sarah K. GoldsteinDirector of Employment Practices,

Los Angeles [email protected]

Telephone: 310.775.6522

Page 2: Hot Topics In  U.S. Employment Law

www.KDVLAW.com

Presentation Roadmap

Harassment/Discrimination Protected Categories Wage & Hour Employment Practices Liability Insurance Best Practices

Page 3: Hot Topics In  U.S. Employment Law

www.KDVLAW.com

Title VII – Discrimination & Harassment

Discrimination: It is unlawful for an employer to fail or refuse to hire or discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin.

Harassment: Harassment is an act committed by a person that makes another feel uncomfortable, offended, intimidated or oppressed. In order for it to be workplace harassment, it should happen in an environment like an office, a store, a school, a factory or any place where people are employed and conduct work. Harassment is a form of discrimination

Page 4: Hot Topics In  U.S. Employment Law

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Protected Categories Under Federal Law

Title VII prohibits discrimination on account of: – Race– National Origin– Sex– Religion– Color

An employer can fire an employee for a good reason, a bad reason or no reason at all. As long as it‘s not for an illegal reason.

Page 5: Hot Topics In  U.S. Employment Law

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Title VII What Discriminatory Practices Are Prohibited?

– hiring and firing, compensation, assignment, or classification of employees

– transfer, promotion, layoff, or recall – job advertisements– recruitment; testing; use of company facilities– training and apprenticeship programs– fringe benefits– pay, retirement plans, and disability leave – other terms and conditions of employment

Case Examples

Page 6: Hot Topics In  U.S. Employment Law

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Sexual Harassment Quid Pro Quo vs. Hostile Work Environment Case Examples

Page 7: Hot Topics In  U.S. Employment Law

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ADEA – Age Discrimination Age Discrimination in

Employment Act Protects individuals who

are 40 years of age or older from employment discrimination based on age

Older Workers Benefit Protection Act

Page 8: Hot Topics In  U.S. Employment Law

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ADA – Disability Discrimination

Americans with Disabilities Act Disability Discrimination– When an employer treats a qualified individual

with a disability who is an employee or applicant unfavorably because she has a disability.

Reasonable Accommodation

Page 9: Hot Topics In  U.S. Employment Law

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Equal Pay Act Requires that men and women in the same

workplace be given equal pay for equal work Jobs need not be identical, but they must be

substantially equal Covers all forms of payment

Page 10: Hot Topics In  U.S. Employment Law

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GINA Genetic Information

Nondiscrimination Act Protects employees against

discrimination based on their genetic information when it comes to health insurance and employment

Page 11: Hot Topics In  U.S. Employment Law

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USERRA

Uniformed Services Employment and Reemployment Rights Act

Returning service-members must be promptly reemployed in the same position that they would have attained had they not been absent for military service

Same seniority, status and pay, as well as other rights and benefits determined by seniority

Page 12: Hot Topics In  U.S. Employment Law

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Additional Protected Categories

By State California:

– Sexual Orientation – Physical or Mental Disability (including HIV/AIDS)– Marital Status– Refusal of Family Care Leave– Age– Ancestry– Religious Creed – Includes Dress and Grooming

Practices– Genetic Information– National Origin (Includes Language Use

Restrictions)– Gender (Includes Gender Identity and Gender

Expression)

Page 13: Hot Topics In  U.S. Employment Law

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Whistleblower / Retaliation Occupational Safety & Health Administration (OSHA)

Whistleblower Protection Program– Protects employees who report violations of various workplace safety,

financial reform, food safety, health insurance reform, securities laws, etc.

Retaliation– Blacklisting, demoting, denying overtime or promotion, disciplining, denial of

benefits, failure to hire or rehire, reducing pay or hours, intimidation, etc.

Page 14: Hot Topics In  U.S. Employment Law

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Wage and Hour Wage and hour law is regulated by both the federal Fair Labor

Standards Act (FLSA) and a variety of divergent state laws.– Overtime, Rest Periods, Meal Periods and Payment of Commissions– Plaintiffs brought 7,764 suits between April 1, 2012, and March 31,

2013, about a 10 percent jump since 2012. Up for a 5th straight year.

Page 15: Hot Topics In  U.S. Employment Law

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Wage and Hour Top three groups of employees most likely to

bring a wage claim: – Salaried employees who believe they are owed

overtime pay; – Hourly workers who contend they weren’t paid for

all hours worked; – Restaurant workers who claim they are owed

additional pay under the FLSA’s “tip credit” provision.

Page 16: Hot Topics In  U.S. Employment Law

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Insurance Coverage Coverage decisions made by insurer Attorney’s duties and obligations run to the

insured, NOT the insurance company. Generally, no indemnity dollars for wage &

hour Intentional acts not covered – i.e., sexual

battery Punitive damages not covered

Page 17: Hot Topics In  U.S. Employment Law

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Workplace Investigations Immediate good faith prompt investigation Start with complainant, witnesses Be on the lookout for social media Independent investigator Communicate findings to complainant Discipline if needed Separation of employees usually a good idea

Page 18: Hot Topics In  U.S. Employment Law

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Best Practices Complete hiring strategy Beware of Social Media Employment Agreements Job Descriptions Employee Handbook Complaint Policy

Page 19: Hot Topics In  U.S. Employment Law

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Best Practices (Continued) Dedicated Human Resources

or outside assistance Use progressive discipline when possible Conduct performance evaluations Document, document, document! Be fair/respectful

Page 20: Hot Topics In  U.S. Employment Law

Long Island | New York City | New Jersey | Pennsylvania | San Francisco | Los Angeles | Florida

www.KDVLAW.com11755 Wilshire Boulevard, Suite 2400Los Angeles, California 90025

Telephone: 310.775.6511Fax: 310.575.9720

Questions & AnswersSarah K. Goldstein

Director of Employment Practices, Los Angeles Office

[email protected]: 310.775.6522