Compliance for Public Safety Managers and Supervisors

Compliance forPublic Safety Managers and SupervisorsADA, FMLA, FLSA and many morePresented by: James Nunn

Signed into law by President George Bush, Sr.Has been removing artificial barriers to employment since 1991

Americans with Disabilities Act

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A physical or mental impairment that substantially limits one or more major life activitiesUpdate: change in the law S.3406 the ameliorative effect of mitigating measuresA record of such impairment or being regarded as having such an impairment

Disability Defined

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Be able to perform the essential functions of the job with or without reasonable accommodationDefenses:Undue hardshipDirect threat

A Qualified Individual Must

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Any physical change in the work environment, such as the addition of ramps, door openings, visual aids or hearing devicesThe way a job is performed that enables a person with a disability to enjoy equal employment opportunities

What are Considered to be Reasonable Accommodations?

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Gov. Code 1031fBe found to be free from any physical, emotional, or mental condition which might adversely affect the powers of a peace officer

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FMLA & CFRA EligibilityThe employee must have worked for a covered employerThey must have worked for a total of 12 monthsThey must have worked at least 1250 hours during the time period selected by the employer

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FMLA & CFRA EligibilityThe leave can be for the employees own serious health conditionThe care of partner with a serious health condition Birth, adoption or foster child care

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Must work for a covered employerAll Government employees are coveredMust have actually worked at least 1250 hours during the period immediately prior to the date the leave is to commenceVacation, sick leave, 4850, comp time, and holiday leave is not considered to be work time

Who Are Eligible Employees?

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Fair Labor Standards ActThe Supreme Court in the National League of Cities v. Usery, 426 U.S. 833 (1976) held that minimum wages and overtime of employees performing traditional governmental functions could not be regulated by the Federal GovernmentEleven years later, the Supreme Court reversed in Garcia v. San Antonio Metro Transit 469 U.S. 528 (1985)

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FLSA RequirementsMinimum WageThe FLSA establishes a national minimum wage for all covered employeesThis amount changes at both the Federal and State level - check both to make sure youre in complianceWhat is the current minimum wage in California?

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FLSA RequirementsOvertimePayments to pension funds and insuranceExtra compensation paid for hours worked in excess of eight hours in a given workday

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Family School Partnership ActLabor Code 230.8 grants parents and guardians of a child in kindergarten or grades 1 to 12, up to 40 hours off each school year to participate in school activitiesLimited to 8 hours each monthEmployees may use vacation or personal leave

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Thank You!