hot topics in u.s. employment law
DESCRIPTION
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 PresentationTRANSCRIPT
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
www.KDVLAW.com
Presentation Roadmap
Harassment/Discrimination Protected Categories Wage & Hour Employment Practices Liability Insurance Best Practices
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
www.KDVLAW.com
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.
www.KDVLAW.com
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
www.KDVLAW.com
Sexual Harassment Quid Pro Quo vs. Hostile Work Environment Case Examples
www.KDVLAW.com
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
www.KDVLAW.com
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
www.KDVLAW.com
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
www.KDVLAW.com
GINA Genetic Information
Nondiscrimination Act Protects employees against
discrimination based on their genetic information when it comes to health insurance and employment
www.KDVLAW.com
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
www.KDVLAW.com
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)
www.KDVLAW.com
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.
www.KDVLAW.com
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.
www.KDVLAW.com
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.
www.KDVLAW.com
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
www.KDVLAW.com
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
www.KDVLAW.com
Best Practices Complete hiring strategy Beware of Social Media Employment Agreements Job Descriptions Employee Handbook Complaint Policy
www.KDVLAW.com
Best Practices (Continued) Dedicated Human Resources
or outside assistance Use progressive discipline when possible Conduct performance evaluations Document, document, document! Be fair/respectful
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