1. An Overview for New Directors
April 2014
Top Ten Legal
Concerns for Public
Libraries

2. Disclaimer
 These materials are provided as general
information only.
 No legal advice is being given by the Georgia
Public Library Service, the Board of Regents of
the University System of Georgia, or any other
person.
 You should consult with your attorney on all legal
matters.

3. Legal Issues in Public Libraries—
where do they arise?
EMPLOYEES
ACCESS

4. Employment Issues

5. Family Medical Leave Act
Mandatory 12 Week Leave--for certain
conditions/circumstances
 Use In Conjunction with Accrued Leave
 Employee may elect or employer may require
concurrent use of accrued leave
 Comp time is NOT accrued leave
 Cannot use accrued leave when receiving short-
term disability or worker’s comp

6. FMLA (cont’d)
Expiration of FMLA 12-week time period
 Automatic termination policy:
 May violate ADA because it fails to recognize the difference
in each employee’s circumstances
 Communication with employee is critical
 Document, document, document—even attempted
communication
 Engage in “the Interactive Process”
 Document how leave affects employer

7. Americans with Disabilities Act
Requires employer to provide reasonable
accommodations for qualified employees with a
disability
 Determining if employee is disabled
 Direct inquiry into health or medical condition
prohibited
 But asking for basis for request for accommodation
and requiring documentation is necessary
 Reasonable Accommodation
 Leave—possibly in excess of FMLA’s 12 weeks
 Job restructuring
 Physical modifications to workspace

8. Fair Labor Standards Act
Requires employers to pay a minimum wage and
compensate workers for overtime at a rate of 1.5 X
hourly rate.
 Comp time accrual—public employers
 Must be 1.5 hours of comp time for each hour of
overtime worked
 Burden is on employer to monitor hours worked
 Either prevent employees from working OT or
compensate them
 Independent Contractors v. Employees—what’s in a
name?
 Critical issue is control: how much control do you
exercise over the individual’s schedule, work product,
time management?

9. Criminal Background Checks
Use of criminal background in making hiring
decisions under fire by EEOC
 2012 EEOC issued new enforcement guidance
restricting use of arrest and conviction records in
employment decision
 Disparate impact on minorities
 EEOC has successfully sued Pepsi Beverages
($3.13 million); current litigation against BMW and
Dollar General
 State of Texas has sued EEOC

10. Ga Security & Immigration
Compliance Act
 Applies to all employees, but not volunteers
 Applies to contractors performing physical
services
 Landscape professionals
 Pest control
 Printer/copier repair
 Does NOT apply to contractors providing goods
 Book vendors
 Office supply sales

11. Personnel Policies or
Employee Handbook
GUIDELINES FOR DEVELOPMENT AND
REVISION
 Reflect library’s mission
 Explain legal obligations and employee rights
 Set forth expectations of employee conduct as
well as what the employee can anticipate from
the employer

12. Personnel Policies
Employee Handbook
MUST HAVES
 Affirm at-will employment relationship
 Dress code
 Attendance and Leave
 Limitation of hours worked
 Use of comp time
 How to invoke FMLA leave
 What is required during FMLA leave

13. PUBLIC ACCESS

14. Laws Providing for Access to Library
 First Amendment
According to the US Supreme Court, the public library
is “the quintessential locus of the receipt of
information.”
 Americans with Disabilities Act
Title II prohibits public providers of programs and
services from (a) discriminating against “a qualified
individual with a disability;” and (b) excluding such
individual from participation in or denial of the
benefits of services, programs or activities.

15. Exceptions to Guaranteed
Access?
 Illegal Activity
 Child pornography
 Bootleg DVDs
 Wholesale copying
 Misconduct
 Consider progressive discipline
 Overdue fines—debt not dischargable in bankruptcy
 Accommodation impossible or unreasonable
 ADA requires public service providers to make
reasonable accommodations

16. Policies Addressing Access
Issues
Guidelines for Development and Revision
 Reflect library’s mission
 Legitimate purpose
 Specific
 Uniform application
 Proper communication
 Due process

17. Sunshine Laws
According to the Supreme Court of Georgia, “Public
men and women are amenable at all times’ to the
people, they must conduct the public’s business
out in the open.”
 Open Meetings
 Notice
 Executive Session—when and how
 Open Records
 3-day rule
 Remember electronic data (email, texts) included

18. Summary
A step-by-step
approach to
dealing with
legal issues
 Awareness
 Don’t be caught by surprise;
anticipate issues before they arise
 Planning
 Form a strategy for addressing
common problems
 Consistency
 Apply policies and make decisions
even-handedly

19. Resources
Available on the Director’s Knowledge Base
 Personnel Policies for Georgia Public Libraries
(May 2012)
 Georgia’s Open Meetings/Open Records Laws
(Oct. 2012)
 Legal Issues in Georgia’s Public Libraries, 2d Ed.
(Jan. 2013)
 Case Studies, Part I (Sept. 2013)
 Case Studies Part II (Dec. 2013)

20. Resources for Accessing GA Law
 Library Laws at georgialibraries.org (updated
2013)
 Entire Georgia code is available online
 http://www.lexisnexis.com/hottopics/gacode/
 General Assembly’s Website www.legis.ga.gov
 Attorney General’s Website www.ga.law.gov
 State Government Website www.ga.gov
 Rules and regulations of State agencies filed with
the Secretary of State. Public access is available
at http://sos.georgia.gov/rules_regs.htm

21. Resource for Employment Law
The National Employer now available through
PINES
 Overview of discrimination law
 Survey of Ga. law on wrongful discharge
 Employment torts
 Hiring strategies
 Employee handbook
 Self-audit for personnel policies
 Employee privacy

22. More Resources:
Federal Employment Law
 EEOC: http://www.eeoc.gov/employers/
 US Dept. of Labor:
http://www.dol.gov/odep/pubs/fact/overview.htm

23. Celebrate!