1. Compliance for
Public Safety Managers
and Supervisors
ADA, FMLA, FLSA and many more
Presented by: James Nunn

2. Americans with Disabilities Act
• Signed into law by
President George Bush, Sr.
• Has been removing
artificial barriers to
employment since 1991

3. “Disability” Defined
• A physical or mental impairment that substantially
limits one or more major life activities
• Update: change in the law S.3406 – the ameliorative
effect of mitigating measures
• A record of such impairment or being regarded as
having such an impairment

4. A “Qualified” Individual Must…
• Be able to perform the essential functions of the
job with or without reasonable accommodation
• Defenses:
• Undue hardship
• Direct threat

5. What are Considered to be
“Reasonable Accommodations?”
• Any physical change in the work environment,
such as the addition of ramps, door openings,
visual aids or hearing devices
• The way a job is performed that enables a person
with a disability to enjoy equal employment
opportunities

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

8. FMLA & CFRA Eligibility
• The employee must have
worked for a covered
employer
• They must have worked for a
total of 12 months
• They must have worked at
least 1250 hours during the
time period selected by the
employer

9. FMLA & CFRA Eligibility
• The leave can be for the employees own serious
health condition
• The care of partner with a serious health condition
• Birth, adoption or foster child care

10. Who Are “Eligible Employees”?
• Must work for a “covered employer”
• All Government employees are covered
• Must have actually worked at least
1250 hours during the period
immediately prior to the date the
leave is to commence
• Vacation, sick leave, 4850, comp time,
and holiday leave is not considered to
be “work time”

11. Fair Labor Standards Act
• The 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 Government
• Eleven years later, the Supreme Court reversed in
Garcia v. San Antonio Metro Transit 469 U.S. 528
(1985)

12. FLSA Requirements
Minimum Wage
• The FLSA establishes a national minimum wage
for all covered employees
• This amount changes at both the Federal and
State level - check both to make sure you’re in
compliance
• What is the current minimum wage in
California?

13. FLSA Requirements
• Overtime
• Payments to pension funds and insurance
• Extra compensation paid for hours worked in
excess of eight hours in a given workday

14. Family School Partnership Act
• Labor 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
activities
• Limited to 8 hours each month
• Employees may use vacation or personal leave

15. Thank You!