/
Hot Topics In Hot Topics In

Hot Topics In - PowerPoint Presentation

lois-ondreau
lois-ondreau . @lois-ondreau
Follow
386 views
Uploaded On 2017-07-30

Hot Topics In - PPT Presentation

US Employment Law Sarah K Goldstein Director of Employment Practices Los Angeles Office sgoldsteinkdvlawcom Telephone 3107756522 Presentation Roadmap HarassmentDiscrimination Protected Categories ID: 574503

discrimination employment pay practices employment discrimination practices pay harassment employees disability wage amp reason hour insurance workplace age act

Share:

Link:

Embed:

Download Presentation from below link

Download Presentation The PPT/PDF document "Hot Topics In" is the property of its rightful owner. Permission is granted to download and print the materials on this web site for personal, non-commercial use only, and to display it on your personal computer provided you do not modify the materials and that you retain all copyright notices contained in the materials. By downloading content from our website, you accept the terms of this agreement.


Presentation Transcript

Slide1

Hot Topics In U.S. Employment Law

Sarah K. Goldstein

Director of Employment Practices,

Los Angeles Office

sgoldstein@kdvlaw.com

Telephone: 310.775.6522Slide2

Presentation RoadmapHarassment/DiscriminationProtected CategoriesWage & HourEmployment Practices Liability InsuranceBest PracticesSlide3

Title VII – Discrimination & HarassmentDiscrimination: 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 discriminationSlide4

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.Slide5

Title VIIWhat Discriminatory Practices Are Prohibited?hiring and firing, compensation, assignment, or classification of employeestransfer, promotion, layoff, or recall

job advertisementsrecruitment; testing; use of company facilities

training and apprenticeship

programs

fringe

benefits

pay, retirement plans, and disability

leave

other terms and conditions of employment

Case ExamplesSlide6

Sexual HarassmentQuid Pro Quo vs. Hostile Work EnvironmentCase ExamplesSlide7

ADEA – Age DiscriminationAge Discrimination in Employment ActProtects individuals who are 40 years of age or older from employment discrimination based on ageOlder Workers Benefit Protection ActSlide8

ADA – Disability DiscriminationAmericans with Disabilities ActDisability DiscriminationWhen an employer treats a qualified individual with a disability who is an employee or applicant unfavorably because she has a disability.

Reasonable AccommodationSlide9

Equal Pay ActRequires that men and women in the same workplace be given equal pay for equal workJobs need not be identical, but they must be substantially equalCovers all forms of paymentSlide10

GINAGenetic Information Nondiscrimination ActProtects employees against discrimination based on their genetic information when it comes to health insurance and employment Slide11

USERRAUniformed Services Employment and Reemployment Rights ActReturning 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 Slide12

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)Slide13

Whistleblower / RetaliationOccupational Safety & Health Administration (OSHA) Whistleblower Protection ProgramProtects employees who report violations of various workplace safety, financial reform, food safety, health insurance reform, securities laws, etc.

RetaliationBlacklisting, demoting, denying overtime or promotion, disciplining, denial

of

benefits, failure

to hire or

rehire, reducing

pay or

hours, intimidation, etc.Slide14

Wage and HourWage 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 CommissionsPlaintiffs 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.Slide15

Wage and HourTop 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.Slide16

Insurance CoverageCoverage decisions made by insurerAttorney’s duties and obligations run to the insured, NOT the insurance company.Generally, no indemnity dollars for wage & hourIntentional acts not covered – i.e., sexual battery

Punitive damages not coveredSlide17

Workplace Investigations

Immediate good faith prompt investigationStart 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 ideaSlide18

Best Practices

Complete hiring strategyBeware of Social MediaEmployment AgreementsJob DescriptionsEmployee HandbookComplaint PolicySlide19

Best Practices (Continued)Dedicated Human Resources or outside assistanceUse progressive discipline when possibleConduct performance evaluationsDocument, document, document!

Be fair/respectfulSlide20

Questions & Answers

Sarah K. Goldstein

Director of Employment Practices,

Los Angeles Office

sgoldstein@kdvlaw.com

Telephone: 310.775.6522