Employment+law+(thompson)

Constangy, Brooks & Smith, LLPConstangy, Brooks & Smith, LLP
Jeffery L. Thompson
Constangy, Brooks & Smith, LLP
Telephone: 478-621-2414
E-mail: jthompson@constangy.com
Latest Labor & Employment
Law Trends

Patient Protection andPatient Protection and
Affordable Care ActAffordable Care Act

Implementation ScheduleImplementation Schedule

2013 Changes2013 Changes
 Plans must provide aPlans must provide a participant noticeparticipant notice
regarding theregarding the upcoming exchangesupcoming exchanges (after(after
Department of Labor issues guidanceDepartment of Labor issues guidance
regarding the notice).regarding the notice).
 Health flexible spending account limit will beHealth flexible spending account limit will be
$2,500$2,500..

2014 and Beyond2014 and Beyond
 Some of the additional changes scheduledSome of the additional changes scheduled
for implementation are:for implementation are:
 Establishment ofEstablishment of state insurancestate insurance
exchangesexchanges..
 Imposition of aImposition of a penaltypenalty on large employerson large employers
not offering health insurancenot offering health insurance ($2,000($2,000 perper
full-time employee)full-time employee) ($3,000($3,000 for an employeefor an employee
who receives tax-subsidized coveragewho receives tax-subsidized coverage
through an exchange).through an exchange).

 Employers are required to provide aEmployers are required to provide a qualifyingqualifying
groupgroup health planhealth plan that meets the ACAthat meets the ACA
requirements.requirements.
 ProvidesProvides minimum essential benefitsminimum essential benefits (for fully(for fully
insured small group plans, also provides all requiredinsured small group plans, also provides all required
“essential health benefits”),“essential health benefits”),
 Limits cost-sharingLimits cost-sharing for such coverage, andfor such coverage, and
 Provides either aProvides either a bronze, silver, gold, orbronze, silver, gold, or
platinumplatinum level of coverage (meaning benefits thatlevel of coverage (meaning benefits that
are the equivalent to (respectively) 60%, 70%, 80%,are the equivalent to (respectively) 60%, 70%, 80%,
or 90% of the full benefits provided by the plan).or 90% of the full benefits provided by the plan).

““Essential health benefits”Essential health benefits” include (at thisinclude (at this
point):point):
- Ambulatory Patient Services
- Emergency Services
- Hospitalization
- Maternity and Newborn Care
- Mental Health and Substance
Abuse Services
- Behavioral Health Treatment
- Laboratory Services
- Preventive and Wellness
Services
- Chronic Disease
Management
- Prescription Drugs
- Pediatric Services,
including oral and vision
care

 Requirement forRequirement for individualsindividuals to have healthto have health
insuranceinsurance oror pay apay a tax penaltytax penalty..
 Individuals without “minimum essentialIndividuals without “minimum essential
coverage” would be required to pay a penaltycoverage” would be required to pay a penalty
tax of the greater of $695 per year, up to atax of the greater of $695 per year, up to a
maximum of three times that amount permaximum of three times that amount per
family ($2,085), or 2.5% of household incomefamily ($2,085), or 2.5% of household income

 The penalty would be phased in accordingly:The penalty would be phased in accordingly:
 $95 in 2014, or 1.0% of taxable income$95 in 2014, or 1.0% of taxable income
 Beginning after 2016, the penalty will beBeginning after 2016, the penalty will be
increased annually according to cost-of-increased annually according to cost-of-
living adjustmentliving adjustment

 Beginning in 2014, theBeginning in 2014, the maximum waitingmaximum waiting
periodperiod an employer can impose upon anan employer can impose upon an
employee isemployee is 90 days90 days..
 Beginning on or after January 1, 2014, plansBeginning on or after January 1, 2014, plans
and insurers will be required toand insurers will be required to eliminateeliminate
restrictions on plan entry based on arestrictions on plan entry based on a pre-pre-
existing conditionexisting condition , and they will be, and they will be
prohibited from excluding coverage for a pre-prohibited from excluding coverage for a pre-
existing condition.existing condition.

Also Coming Up in 2014:Also Coming Up in 2014:
Patient ProtectionsPatient Protections
 Wellness incentive limit raised from 20% to 30%Wellness incentive limit raised from 20% to 30%
 Allows an incentive such as premiumAllows an incentive such as premium
reduction for achieving a health standardreduction for achieving a health standard
 Must be alternative means ofMust be alternative means of
qualifyingqualifying
 Up to 50% for wellness programs for tobaccoUp to 50% for wellness programs for tobacco

Issues - ViabilityIssues - Viability
 If enrolling in a health care plan is viewed asIf enrolling in a health care plan is viewed as
optional for U.S. citizens because of the lowoptional for U.S. citizens because of the low
penalties, those who consider themselvespenalties, those who consider themselves
healthy are less likely to enroll because it is nothealthy are less likely to enroll because it is not
in their economic best interest.in their economic best interest.
 Much of the law’s success depends on havingMuch of the law’s success depends on having
young, healthy people sign up for insurance.young, healthy people sign up for insurance.
 They have much lower health care expenses.They have much lower health care expenses.
 Their insurance premiums help offset the higherTheir insurance premiums help offset the higher
medical expenses of older, sick people in a healthmedical expenses of older, sick people in a health
plan.plan.

Issues - ConflictIssues - Conflict
 State ExchangesState Exchanges
 Few states have proceeded with theirFew states have proceeded with their
implementation activities.implementation activities.
 Many states have not taken any action towardMany states have not taken any action toward
the establishment of a state health insurancethe establishment of a state health insurance
exchange.exchange.

Issues - EnforcementIssues - Enforcement
 IRS EnforcementIRS Enforcement
 Since the decision labeled the penalty a tax, it will beSince the decision labeled the penalty a tax, it will be
collected by the IRS.collected by the IRS.
 The IRS may have few options for collection because:The IRS may have few options for collection because:
 Congress restricted the agency’s collectionCongress restricted the agency’s collection
authority,authority,
 The IRS cannot file a tax lien against individualsThe IRS cannot file a tax lien against individuals
who do not comply with the health insurancewho do not comply with the health insurance
mandate, andmandate, and
 The IRS can only collect the money by withholdingThe IRS can only collect the money by withholding
it from tax refunds or Social Security checks.it from tax refunds or Social Security checks.

Hot Button Issues For 2013Hot Button Issues For 2013

The Family Medical Leave ActThe Family Medical Leave Act

New FMLA RulesNew FMLA Rules
 Final regulations issued February 5,Final regulations issued February 5,
2013,implementing National Defense2013,implementing National Defense
Authorization Act of 2010Authorization Act of 2010
 Relating to military leavesRelating to military leaves
 Other changes to 2009 Regulations includeOther changes to 2009 Regulations include
intermittent leaveintermittent leave
 Effective March 8, 2013Effective March 8, 2013

New FMLA RegulationsNew FMLA Regulations
(Military)(Military)

New FMLA RegulationsNew FMLA Regulations
 Use smallest increments of time as usedUse smallest increments of time as used
for other types of leavefor other types of leave

New Guidance on CareNew Guidance on Care
For Adult ChildFor Adult Child
Child must:Child must:
 have an ADA-defined disabilityhave an ADA-defined disability
 be incapable of self-care due to that disabilitybe incapable of self-care due to that disability
 be in need of care because of the serious healthbe in need of care because of the serious health
conditioncondition
 Age child became disabled does not matterAge child became disabled does not matter

New FMLA Regulations – NextNew FMLA Regulations – Next
StepsSteps
Employers covered by the FMLA should do the following:
 Update FMLA policies in accordance with the new rule.
 Replace the current FMLA poster with new poster.
 Make sure all FMLA Fact Sheets are up to date.
 Use the new DOL notification and certification forms.
 Insure that leave administrators are familiar with the
changes that took effect March 8.

Immigration Non-ComplianceImmigration Non-Compliance

Immigration ReformImmigration Reform
 The political climate makes legislationThe political climate makes legislation
more likely than in prior yearsmore likely than in prior years
 Any “reform” will include greater burdensAny “reform” will include greater burdens
on employers to verify employmenton employers to verify employment
eligibility and increased penalties for hiringeligibility and increased penalties for hiring
undocumented workersundocumented workers

Common I-9 Errors - EmployeesCommon I-9 Errors - Employees
 Did employee sign and date?Did employee sign and date?
 Did employee check 1 of the 4 boxes?Did employee check 1 of the 4 boxes?
 If permanent resident, did employee writeIf permanent resident, did employee write
in his Alien Registration Number?in his Alien Registration Number?
 If employee has temporary workIf employee has temporary work
authorization, did he write his immigrationauthorization, did he write his immigration
number and the expiration date?number and the expiration date?

Common Errors - EmployersCommon Errors - Employers
 Form calls for document name, issuing authority,Form calls for document name, issuing authority,
document number and expiration date (if any).document number and expiration date (if any).
 You must write “SS card/SSA/123-45-6789.You must write “SS card/SSA/123-45-6789.
 Write in first day worked.Write in first day worked.
 Sign and date.Sign and date.
 Write full company name (no abbreviations)Write full company name (no abbreviations)
Can use a stamp for this.Can use a stamp for this.
 Write physical address vs. P. O. box number.Write physical address vs. P. O. box number.

ICE PenaltiesICE Penalties
 I-9 Penalties for Substantive and UncorrectedI-9 Penalties for Substantive and Uncorrected
Technical Violations for each I-9 Form:Technical Violations for each I-9 Form:
Standard Fine AmountStandard Fine Amount
Substantive VerificationSubstantive Verification
ViolationsViolations
11stst
OffenseOffense
$110-$1100$110-$1100
22ndnd
OffenseOffense
$110-$1100$110-$1100
33rdrd
Offense +Offense +
$110-$1100$110-$1100
0%-9%0%-9% $110$110 $550$550 $1100$1100
10%-19%10%-19% $275$275 $650$650 $1100$1100
20%-29%20%-29% $440$440 $750$750 $1100$1100
30%-39%30%-39% $605$605 $850$850 $1100$1100
40%-49%40%-49% $770$770 $950$950 $1100$1100
50% or more50% or more $935$935 $1100$1100 $1100$1100

Immigration To Do List for EmployersImmigration To Do List for Employers
 Enroll in E-Verify at:Enroll in E-Verify at:
https://e-verify.uscis.gov/enroll/StartPage.aspx?JS=YEShttps://e-verify.uscis.gov/enroll/StartPage.aspx?JS=YES
 Schedule I-9 training because the E-Verify system is only asSchedule I-9 training because the E-Verify system is only as
good as the information collected on your I-9 forms – must begood as the information collected on your I-9 forms – must be
retained as before;retained as before;
 Use new I-9 Form issued March 8, 2013;Use new I-9 Form issued March 8, 2013;
 Conduct I-9 Audit for all past hires - with professional signoffConduct I-9 Audit for all past hires - with professional signoff
that you are currently in compliance.that you are currently in compliance.

Refusal to Receive Flu ShotRefusal to Receive Flu Shot
 Chenzira v. Cincinnati Children’s HospitalChenzira v. Cincinnati Children’s Hospital
(2012)(2012)
 Employee is a vegan; refuses mandatory fluEmployee is a vegan; refuses mandatory flu
shot based on religious beliefshot based on religious belief
 Ct: duty to accommodate employee’sCt: duty to accommodate employee’s
religious beliefsreligious beliefs

Americans With Disabilities ActAmericans With Disabilities Act

EEOC Issues ADA Guidance forEEOC Issues ADA Guidance for
Veterans With DisabilitiesVeterans With Disabilities
 Preventing disability discriminationPreventing disability discrimination
 Accommodation of veterans with disabilitiesAccommodation of veterans with disabilities
eeoc.gov/eeoc/publications/ada_veterans_employers.cfmeeoc.gov/eeoc/publications/ada_veterans_employers.cfm

Wellness Program FitsWellness Program Fits
ADA Safe HarborADA Safe Harbor
 Seff v. Broward CountySeff v. Broward County (11(11thth
Cir. 2012)Cir. 2012)
 Employees who declined to participate inEmployees who declined to participate in
wellness program charged $20/pay periodwellness program charged $20/pay period
 Ct: No violation of ADA; safe harbor forCt: No violation of ADA; safe harbor for
insurance plansinsurance plans

ADA Requires Transfer toADA Requires Transfer to
Vacant PositionVacant Position
 EEOC v. United AirlinesEEOC v. United Airlines 77thth
Cir. 2012Cir. 2012
 Employee can not perform own jobEmployee can not perform own job
 Ct: Not sufficient to let employee compete forCt: Not sufficient to let employee compete for
vacant job; duty of accommodation requiresvacant job; duty of accommodation requires
transfertransfer
 But don’t have to ignore union contractBut don’t have to ignore union contract

A New Day At The EqualA New Day At The Equal
Employment OpportunityEmployment Opportunity
Commission (EEOC)Commission (EEOC)

EEOCEEOC
Increased Charges & LawsuitsIncreased Charges & Lawsuits
 99,412 FY 2012 (Most Ever)99,412 FY 2012 (Most Ever)
 580 “Systemic” Matters580 “Systemic” Matters
 122 Lawsuits Filed122 Lawsuits Filed
 $365 Million Obtained$365 Million Obtained

Systemic ChargesSystemic Charges
 Employment TestsEmployment Tests
 Leave and Termination PoliciesLeave and Termination Policies
 Criminal Background ChecksCriminal Background Checks
 Credit ChecksCredit Checks

What Now?What Now?
 Less Experienced Investigators – ButLess Experienced Investigators – But
More AggressiveMore Aggressive
 Closer Review of Position StatementsCloser Review of Position Statements
 Hospitals Quilty Until Proven OtherwiseHospitals Quilty Until Proven Otherwise
 More On-SitesMore On-Sites

EEOC’s Strategic Action PlanEEOC’s Strategic Action Plan

Nationwide PrioritiesNationwide Priorities
 Eliminating Systemic Barriers in Recruitment andEliminating Systemic Barriers in Recruitment and
HiringHiring
 Exclusionary Policies and PracticesExclusionary Policies and Practices
 Channeling/Steering of Individuals Into SpecificChanneling/Steering of Individuals Into Specific
Jobs Due to Their Status in a Particular GroupJobs Due to Their Status in a Particular Group
 Restrictive Application Processes (i.e., pre-Restrictive Application Processes (i.e., pre-
employment tests, background screens, date ofemployment tests, background screens, date of
birth screens and on-line applications).birth screens and on-line applications).

Emerging IssuesEmerging Issues
 ADAAA – Proper Application of Defenses such asADAAA – Proper Application of Defenses such as
Undue Hardship, Direct Threat and BusinessUndue Hardship, Direct Threat and Business
NecessityNecessity
 LGBT (Lesbian, Gay, Bisexual and TransgenderLGBT (Lesbian, Gay, Bisexual and Transgender
Individuals) – Coverage Under Title VII SexIndividuals) – Coverage Under Title VII Sex
Discrimination ProvisionsDiscrimination Provisions
 Accommodating Pregnancy – Women Who AreAccommodating Pregnancy – Women Who Are
Forced Into Unpaid Leave After Being DeniedForced Into Unpaid Leave After Being Denied
Accommodations Routinely Provided to SimilarlyAccommodations Routinely Provided to Similarly
Situated EmployeesSituated Employees

Question #1Question #1

Medical LeaveMedical Leave
 Facially neutral policies that may violate theFacially neutral policies that may violate the
ADA:ADA:
 Strict leave of absence policies that do not provideStrict leave of absence policies that do not provide
for exceptions or any accommodationsfor exceptions or any accommodations
 Policies that consider additional leave but limit thePolicies that consider additional leave but limit the
amount of additional leaveamount of additional leave
 Policies that result in automatic termination at thePolicies that result in automatic termination at the
exhaustion of FMLA, despite a need for additionalexhaustion of FMLA, despite a need for additional
treatment or recoverytreatment or recovery

EEO Action PlanEEO Action Plan
 ReviewReview hiring/recruitment policieshiring/recruitment policies concerningconcerning
requirements such as high school diplomas, criminalrequirements such as high school diplomas, criminal
background checks, credit histories, applicant testing.background checks, credit histories, applicant testing.
 ReviewReview EEO statementsEEO statements (is it broad enough?)(is it broad enough?)
 TrainingTraining and practices concerningand practices concerning ADAADA
accommodation,accommodation, pregnancypregnancy accommodation,accommodation, leaveleave
practicespractices in conjunction with FMLA.in conjunction with FMLA.
 ReviewReview training methodstraining methods andand policiespolicies concerningconcerning
discriminationdiscrimination andand harassmentharassment in the workplace.in the workplace.
 Revisit whether you are currentlyRevisit whether you are currently complyingcomplying withwith
OFCCP/affirmative action requirementsOFCCP/affirmative action requirements and haveand have
current written affirmative action plans.current written affirmative action plans.

Failure to AccommodateFailure to Accommodate
Pregnant Employee May ViolatePregnant Employee May Violate
Title VIITitle VII
 Chapter 7 Trustee v. Gate Gourmet, Inc. 11Chapter 7 Trustee v. Gate Gourmet, Inc. 11thth
Cir. 2012Cir. 2012
 Pregnant employee’s doctor imposedPregnant employee’s doctor imposed
restrictions; supervisor says no light duty;restrictions; supervisor says no light duty;
fires herfires her
 Ct: have to at least consider whether lightCt: have to at least consider whether light
duty work availableduty work available

Supervisor Status Under Title VIISupervisor Status Under Title VII
 Vance v. Ball State UniversityVance v. Ball State University
 U.S. Supreme Court will decide whetherU.S. Supreme Court will decide whether
someone who directs employees’ work,someone who directs employees’ work,
but lacks other authority, is a supervisorbut lacks other authority, is a supervisor
 Implications for harassment casesImplications for harassment cases

Gay MarriageGay Marriage
 2013 – U.S. Supreme Court will2013 – U.S. Supreme Court will
consider two cases on constitutionalityconsider two cases on constitutionality
of gay marriageof gay marriage
 Result could have implications forResult could have implications for
employers regarding benefits and otheremployers regarding benefits and other
employment issuesemployment issues

Tracking EmployeesTracking Employees
 Tracking Through TechnologyTracking Through Technology
• Laws are not keeping upLaws are not keeping up
 Reasonable expectation of privacyReasonable expectation of privacy
 Policies define expectationsPolicies define expectations
• Notify of expectations re: e-mail, texting, data etc.Notify of expectations re: e-mail, texting, data etc.

Video CamerasVideo Cameras
 Electronic Communications Privacy ActElectronic Communications Privacy Act
• Video is generally permissibleVideo is generally permissible
 Size of cameraSize of camera
 Reasonable expectation of privacyReasonable expectation of privacy
 Announce monitoringAnnounce monitoring
• No audio recordingsNo audio recordings

Social MediaSocial Media
 Ignorance is blissIgnorance is bliss
• Knowing personal informationKnowing personal information
 Potential ADA or GINA claimPotential ADA or GINA claim
 Stored Communications ActStored Communications Act
 Invasion of Privacy claimsInvasion of Privacy claims

Social Media PoliciesSocial Media Policies
 NLRB Memos & OpinionsNLRB Memos & Opinions
• Reasonably chill employees’ Section 7Reasonably chill employees’ Section 7
rightsrights
 Right to complain about terms andRight to complain about terms and
conditions of employmentconditions of employment
• wageswages
• hourshours
• disciplinary actiondisciplinary action

The New NLRBThe New NLRB
5 NLRB Nominations Go To Full5 NLRB Nominations Go To Full
SenateSenate
 Mark Gaston Pearce (Chairman – D)Mark Gaston Pearce (Chairman – D)
 Richard Griffin (Recess – D)Richard Griffin (Recess – D)
 Sharon Black (Recess – D)Sharon Black (Recess – D)
 Harry Johnson III (R)Harry Johnson III (R)
 Phillip Miscimarra (R)Phillip Miscimarra (R)

NLRBNLRB
Examining Non-Union WorkplaceExamining Non-Union Workplace
IssuesIssues
 At Will DisclaimersAt Will Disclaimers
 Social Media TrstrictionsSocial Media Trstrictions
 Employee Access RulesEmployee Access Rules
 Employee Behavior PoliciesEmployee Behavior Policies

Cases Answering Question #2Cases Answering Question #2
 American Red Cross of Arizona-AOG foundAmerican Red Cross of Arizona-AOG found
unlawful an at-will acknowledgement formunlawful an at-will acknowledgement form
stating “the at-will employment relationshipstating “the at-will employment relationship
cannot be amended, modified or altered in anycannot be amended, modified or altered in any
way.”way.”
 Rocha Transportation – NLRB GC foundRocha Transportation – NLRB GC found
unlawful – “no representative of the companyunlawful – “no representative of the company
has any authority to enter into an employmenthas any authority to enter into an employment
agreement that is contrary to the employment at-agreement that is contrary to the employment at-
will relationship.”will relationship.”

Cases Answering Question #2Cases Answering Question #2
 St. John’s Medical Center – NLRB foundSt. John’s Medical Center – NLRB found
unlawful a rule which prohibited off-dutyunlawful a rule which prohibited off-duty
employees from entering the workplace exceptemployees from entering the workplace except
to attend employer-sponsored events (similarto attend employer-sponsored events (similar
case concerning employer-related business).case concerning employer-related business).
 Karl Knauz Motors – Found unlawful rule whichKarl Knauz Motors – Found unlawful rule which
stated – “No one should be disrespectful or usestated – “No one should be disrespectful or use
profanity or any other language which injures theprofanity or any other language which injures the
image or reputation of the dealership.”image or reputation of the dealership.”

InternshipsInternships

Interns Compensated?Interns Compensated?
 The followingThe following six criteriasix criteria must be appliedmust be applied
when making this determination:when making this determination:
 The internship isThe internship is similarsimilar toto trainingtraining given ingiven in
anan educational environmenteducational environment , even though, even though
it includes the actual operation of theit includes the actual operation of the
employer’s business;employer’s business;
 The internship isThe internship is for the benefit offor the benefit of thethe
internintern;;
 The internThe intern does notdoes not displacedisplace regularregular
employeesemployees, but works under close, but works under close
supervision of existing staff;supervision of existing staff;

InternshipsInternships
 TheThe employeremployer providing the training derivesproviding the training derives nono
immediate advantageimmediate advantage from the intern’s activities andfrom the intern’s activities and
its operations may actually be impeded by the intern;its operations may actually be impeded by the intern;
 There isThere is no guaranteeno guarantee ofof jobjob at the conclusion of theat the conclusion of the
internship; andinternship; and
 The employer and the intern both understand that theThe employer and the intern both understand that the
intern isintern is not entitled to wagesnot entitled to wages forfor tasks performedtasks performed
during the internship.during the internship.
 If these factors are met, there isIf these factors are met, there is no employmentno employment
relationshiprelationship under the FLSA, and the Act’sunder the FLSA, and the Act’s
minimum wageminimum wage andand overtime provisionsovertime provisions dodo
not apply.not apply.

Employee VolunteersEmployee Volunteers
 Under the FLSA,Under the FLSA, employeesemployees maymay notnot
volunteervolunteer services to services to for-profit privatefor-profit private
sector employers.sector employers.
 On the other hand, in the vast majority ofOn the other hand, in the vast majority of
circumstances,circumstances, individuals canindividuals can
volunteervolunteer services toservices to public sectorpublic sector
employersemployers. .
 Exception - public sector employers may notException - public sector employers may not
allow employees to volunteer additional timeallow employees to volunteer additional time
to perform normal job tasks withoutto perform normal job tasks without
compensation.compensation.

Employee VolunteersEmployee Volunteers
 Activity reasonably regarded as charitableActivity reasonably regarded as charitable
or civic (5K Run)or civic (5K Run)
 Occurs outside work hoursOccurs outside work hours
 No obligation to participateNo obligation to participate
 No expectation of compensationNo expectation of compensation
 Activity different from normal dutiesActivity different from normal duties

FLSA: Mobile Technology BlursFLSA: Mobile Technology Blurs
Work And Non-work HoursWork And Non-work Hours
 Employees "Suffered or Permitted" toEmployees "Suffered or Permitted" to
work: Work not requested but suffered orwork: Work not requested but suffered or
permitted to be performed is work timepermitted to be performed is work time
that must be paid for by the employer.that must be paid for by the employer.
 For example, responding to emails, textFor example, responding to emails, text
messages or phone calls.messages or phone calls.

FLSA: Mobile Technology BlursFLSA: Mobile Technology Blurs
Work And Non-work HoursWork And Non-work Hours
 In In Agui v. T-Mobile, Inc.,Agui v. T-Mobile, Inc., non-exempt non-exempt
salespersons sued claiming they were requiredsalespersons sued claiming they were required
to respond to emails after hours while off theto respond to emails after hours while off the
clock (the suit settled).clock (the suit settled).
 In In Allen Allen and other similar suits, courts will likelyand other similar suits, courts will likely
focus on whether the time spent checking mobilefocus on whether the time spent checking mobile
devices isdevices is de minimus de minimus and whether doing so and whether doing so
qualifies as a “principle activity.” qualifies as a “principle activity.”

USERRAUSERRA
 The Uniformed Services Employment andThe Uniformed Services Employment and
Reemployment Rights Act (USERRA)Reemployment Rights Act (USERRA)
protects service members' reemploymentprotects service members' reemployment
rights when returning from a period ofrights when returning from a period of
service in the uniformed services,service in the uniformed services,
including those called up from theincluding those called up from the
reserves or National Guard, and prohibitsreserves or National Guard, and prohibits
employer discrimination based on militaryemployer discrimination based on military
service or obligation.service or obligation.

 One of the major provisions of USERRA isOne of the major provisions of USERRA is
that there is no longer any differentiationthat there is no longer any differentiation
between voluntary and involuntary service.between voluntary and involuntary service.
 The term “service in the uniformedThe term “service in the uniformed
services” means the performance of dutyservices” means the performance of duty
on aon a voluntaryvoluntary or involuntary basis in aor involuntary basis in a
uniformed service…uniformed service…
USERRAUSERRA

Motivation and SupportMotivation and Support

Let’s Start With YouLet’s Start With You
 Save LivesSave Lives
 Save FamiliesSave Families
 Save FinancesSave Finances
 Build HopeBuild Hope

First – Help YourselfFirst – Help Yourself
 RecalibrateRecalibrate
 Start Day Off RightStart Day Off Right
 Health = HappinessHealth = Happiness
 Love/Respect For Family/FriendsLove/Respect For Family/Friends
 Be A Friend To YourselfBe A Friend To Yourself

First – Help YourselfFirst – Help Yourself
 Set Positive GoalsSet Positive Goals
 Have Something To Look Forward ToHave Something To Look Forward To
 Hide SometimesHide Sometimes
 Let Work Glorify GodLet Work Glorify God

Final ThoughtsFinal Thoughts
 It Starts At HomeIt Starts At Home

Questions?Questions?

Employment+law+(thompson)

Recommended

Recommended

More Related Content

What's hot

What's hot (18)

Similar to Employment+law+(thompson)

Similar to Employment+law+(thompson) (20)

Employment+law+(thompson)

Editor's Notes