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Good Morning !!!!
Class Overview
LECTURE 2: The Law and Human Resource Management
U.S. Constitution
5th Amendment--Due Process
"No person shall be deprived of life, liberty of property without due process of law"
13th Amendment--Involuntary Servitude
"Neither slavery nor involuntary servitude, except as punishment for a crime, shall exist."
14th Amendment
No state law can supersede a federal law.
Civil Rights Acts of 1866 & 1871
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?
Companies with two or more employees, and
Companies with gross sales in excess of 500K
Exempt versus Nonexempt Employees
An exempt employee is not covered by the provisions of the act
Exempt employees include professional, administrative, executive and outside sales jobs.
Job titles are insufficient yardsticks
Remember the 80/20 rule!
Minimum Wage Provision
Establishes base pay at 5.15 per hour
Overtime Provision
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
Normal rate does not mean base rate!
Child Labor Provision
Established to protect the safety and educational opportunities of children under the age of 18.
Enforcement of the FLSA
Record Keeping Requirements
Enforced by the Wage and Hour Division of the U.S. Department of Labor
Equal Pay Act of 1963
Prohibits sex discrimination in the payment of wages, except where payment is made pursuant to:1) Seniority System2) Merit System3) Incentive System4) Any factor other than sex
Equal Pay Act of 1963
As of 1979 the Equal Pay Act is Administered by the EEOC
Civil Rights Act of 1964
Divided into several sections called Titles
Title VII deals with employment discrimination
Principle body of fair employment legislation
Bases of Title VII
Discrimination in employment is illegal based on SEX, RACE, Religion, or NATIONAL ORIGIN.
Title VII covers...
public and private employers
employment agencies
apprenticeship programs
Title VII established the EEOC
The federal regulatory agency that enforces federal discrimination laws.
1972 Equal Employment Opportunity Act
Amendment to Title VII
Expanded Title VII to...
public and private employers with 15 or more employees
both public and private labor organizations with at least 15 members
employment agencies
1967 Age Discrimination in Employment Act (ADEA)
Amended in 1986
Prohibits discrimination on the basis of age if the employee is 40 or over unless age is a BFOQ
Executive Orders 11246, 11375 & 11478
Covers government contractors and subcontractors with contracts in excess of 10,000.
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...
11246 prescribe that employment policies be based on MERIT & FITNESS
The Executive Orders are called "Affirmative Acts" because...
Contracts in excess of 10k must maintain a program of equal opportunity
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)
Applies to employers with 15 or more employees
Administered by the EEOC
ADA...
Employment discrimination is prohibited against individuals with disabilities who are able to perform the essential job functions with or without reasonable accommodations.
ADA...
What is a Disability?a physical or mental
impairment that substantially affects one or more major life activities
People perceived as handicapped are protected
ADA...
What are Essential Job Functions?Those job duties that every employee must do to be a successful employee
ADA...
What is a Reasonable Accommodation?
Changing the work environmentRedesigning the jobAltering work schedules
A firm can claim undue hardship...Good luck!
ADA...
No accommodation is necessary if the person does not meet stated minimal qualifications!
1991 Civil Rights Act
Comprehensive set of amendments to Title VII
Three most important changes...
1991 Civil Rights Act...
Burden of ProofReinstated the Griggs standard
that the burden of proof in a discrimination case rests on the Employer
The Plaintiff must only establish a prima facie case!
1991 Civil Rights Act...
QuotasQuotas are prohibitedMust balance between giving
preference and setting quotas in your AAP
1991 Civil Rights Act...
Damages and Jury TrialsAllows both punitive and
compensatory damagesAllow jury trials
1993 Family and Medical Leave Act (FMLA)
Most employers must now provide up to 12 weeks unpaid leave to eligible employees for...the birth or adoption of a childto care for a sick child, spouse or
parentto care for the employee’s own
health condition
FMLA...
Applies to firms with 50 or more employees in a 75 mile radius
Must get the equivalent job and conditions upon return from leave
Employees are eligible after 12 months service to the company
FMLA Compliance Checklist
Is the Employer covered?
Have supervisors been informed of FMLA policies?
Are posting and record keeping requirements met?
Which employees are eligible for Family Leave? How much leave do they have coming?
FMLA Checklist...
Are the procedural requirements for leave followed correctly?
Has the employee been notified of FMLA leave?
Are employees required to use paid leave as part of Family Leave?
FMLA Checklist...
How are benefit premiums paid during leave?
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
Requires completion of an Employee Eligibility Verification Form (I9)
1988 Drug Free Workplace Act
Government contractors must ensure a workplace free from drug use
Required to prevent and to educate about illegal drug use
Brought about acceptance of drug testing
Case Analysis--
EEO and AIDS: A Right to Know
Case Questions...
What, if anything, did management do wrong in this case?
Do you think a lawsuit against the firm will be successful? Why or why not?
Any Questions?