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Employment Law 1.3 Project: Draft copy.pptx
- 1. EDUCATION IN EMPLOYMENTRELATED LAW 1313 DISNEYLAND, DR, ANAHEIM CA 92802 Crystal Castillo | Date: May 2, 2022 APPLYING EMPLOYMENT RELATED LAW TO THE WORKPLACE. The Walt Disney Company Presents: 1
- 2. This presentation willguide and further educate managerial employees on employee related law in both an effective and highly collaborated matter. Through this presentation, managerial employees will benefit by gaining essential knowledge required to establish employment guidelines that comply with California’s intricate labor code into the Walt Disney Company. There will be laws that address Non-Discriminatory Acts (Title VII), Age Discrimination, the Equal Pay Act of 1963, and National Labor Relations Acts while also including compliance programs such as Sarbanes-Oxley Act and Drug Free Workplace Act. In addition, it is your responsibility to demonstrate competency and understanding throughout this presentation and implement human resource practices into not only California law but as well into the Walt Disney Company workplace for all employees. PRESENTATION OVERVIEW 2
- 3. Gain awareness withnew employment laws taking effect as of January 1, 2022. Interpret and apply California employment regulations regarding security, safety, and privacy. Adhere to California benefits and workers’ compensation rules and regulations. Accurately apply California wage and hour rules and regulations. Apply and interpret non-discriminatory acts and compliance programs laws. PROGRAM OBJECTIVES 3
- 4. • Safety • Courtesy •Inclusivity • Show • Efficiency WHAT ARE THE 5 KEYS AT THE WALT DISNEY COMPANY? 4
- 5. DISNEYLAND RESORT COMPLIANCE LAWSON PRIVACY, SECURITY, AND SAFETY. 5
- 6. Ensuring safety protocolswithin the workplace for all employees. • The Occupational Safety and Health Act SAFETY 6
- 7. The Health InsurancePortability and Accountability Act (HIPAA) Ensures protection of employee health information. The Americans with Disabilities Act Employers are required to maintain employee health information confidential. The Age Discrimination in Employment Act Protection for employees based upon their age. Title VII of the Civil Rights Act of 1964 Protects employees from employment discrimination. SECURITY AND PRIVACY 7
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- 9. The Family andMedical Leave Act of 1993 (FMLA) Labor law that protects employees for leaving their work for a number of days in regards to family or medical reasoning. Americans with Disabilities Act (ADA) Medical conditions that meet the requirements can also apply for FMLA. MANDATORY LEAVE 9
- 10. Personal reasons generally Somereasons could be: Continuing their education and cannot commit to work schedule Dealing with personal stress Anxiety or mental exhaustion. VOLUNTARY LEAVE OF ABSENCE 10
- 11. Its what wedo. 11
- 12. The Equal EmploymentOpportunity Commission Prohibits employers discrimination based on individuals race, religion, sex, gender, or nationality when making designs about hiring, firing, or implementing other employment related policies. Title VII of the Civil Rights Act (1964) Mentioned briefly earlier, according to Title VII no employer may “refuse to hire or to discharge any individual based on their race, color, religion, sex, or national origin”. Age Discrimination in Employment Act (1967) Prohibits employment discrimination against people over the age of 40. EQUAL EMPLOYMENT LAWS 12
- 13. • The WDCoffers and collaborates closely with the union in order to hear, react, and protect our employees. It is the responsibility for managerial employees to stay updated on union policies and regulations. DISNEY UNION 13
- 14. National Labor RelationsAct (NLRA) 1935 This labor law dictates the term of labor relations in the private sector. Establishes certain rights for employees, including the right to self-organize, form, or join labor organization 14
- 15. LASTLY, FULL-TIME VERSUS PARTTIME BENEFITS 15
- 16. CALIFORNIA WAGE AND HOUR CaliforniaWage Orders & Hours Work Regulation Define “Hours Worked” Full time v. Part-Time Work Schedule and Seniority 16
- 17. FAIR LABOR STANDARDS ACT Rightto minimum wage (based on state) Overtime pay Prohibits in employment of minors 17
- 18.
Editor's Notes
- #2 Hello everyone! My name is Crystal Castillo and in this presentation for Human Resource Law, I will be emphasizing certain employment laws and how the Walt Disney Company applies these employment related laws to the workplace! Without further ado, let us begin!
- #3 Before we get into the details and naming multiple laws that correlate with employment laws and regulations at the Walt Disney Company, here is an overview of what this presentation will be discussing and emphasizing on. Within this presentation, we will solely be discussing employment related laws and legal information that we at the Walt Disney Company believe to be important and embedded into each employee’s working mindset. Failure to maintain compliance with any of the laws listed throughout this presentation can result in penalties against the employer and other legal issues.
- #4 Our main goals throughout this presentation will focus on making sure that each managerial employee understands and follows the above listing. We will be reviewing employment related laws in the workplace and distinguishing between full-time and part-time employees. We will also briefly discuss Full-Time benefits and how to qualify for them. Let’s get started!
- #5 The 5 keys are a major guideline for employers training employees on the guidelines and expectations for the company. The 5 keys listed above are embedded into everyday task on and off the workplace in order to achieve company success and overall keep the company booming! Employees who follow, engage, and practice the 5 keys into their daily work activities (whether on location or not) are ensuring their knowledge of employment related law \s at the resort. Throughout this presentation we will state how EACH key plays a major role in employment related laws and compliance with state regulation and safety.
- #6 Now we will be focusing on compliance laws specifically focusing on privacy, security, and safety.
- #7 The Occupational Safety and Health Act (OSH of 1970) (osha.gov) is a United States labor law that ensures that workplace environments are safe for employees and establishes rights to compensation if an employee is injured on the job. Employers are required to keep their workplaces free of serious recognized hazards. Depending on specific titles and positions at the WDC, there may be specific trainings for specific roles. For example, those who work for custodial will mandatory attend a training that focuses on chemical exposure and what equipment such as goggles, mask, and gloves will be required for specific usage. Managerial employees must be up to date in order to ensure employees are not only be protected on the workplace, but also have an understanding and education needed in order to perform these specific tasks required. Most roles at the WDC have trainings that are required to be accomplished yearly, however managerial employees must stay updated on any policies or regulations that change throughout the year in order to prep their employees efficiently. References: https://www.epa.gov/laws-regulations/summary-occupational-safety-and-health-act https://www.osha.gov/laws-regs/oshact/completeoshact
- #8 Among safety, security and privacy also play a major role in the workplace, especially in regards to employees and their personal livelihood. In regards to privacy, The Health Insurance Portability and Accountability Act (cdc.gov) seeks to protect the privacy of employee health information. In addition, the Americans with Disabilities Act (ADA.gov) also requires employers to maintain employee health information securely and confidentially. Failure to do so, managerial employees can face penalties and/or potential lawsuits against employer, company, and damages. Security is also another great significance here at the WDC for individuals of all legal ages and cultures. Employees are protected and secured in their roles here at the company through the Age Discrimination in Employment Act (eeoc.gov) which prohibits employers from firing, demoting, or otherwise limiting employment opportunity for an individual based upon their age. Lastly, employee’s are also secured and protected through Title VII of the Civil Rights Act of 1964 (eeoc.gov) which protects them from employment discrimination based on race, color, sex, and national origin. Managerial employees MUST comply with no exceptions, failure to do so will lead to penalties such as termination of position. References: https://www.cdc.gov/phlp/publications/topic/hipaa.html Lutkevich, B. (2020, August 28). What is HIPAA (Health Insurance Portability and accountability act)? SearchHealthIT. Retrieved May 2, 2022, from https://www.techtarget.com/searchhealthit/definition/HIPAA https://www.dol.gov/agencies/odep/initiatives/ada Amy DelPo, A. (2014, October 15). Your rights against age discrimination. www.nolo.com. Retrieved May 2, 2022, from https://www.nolo.com/legal-encyclopedia/rights-against-age-discrimination-29577.html https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964
- #9 Leave of absence is a separate department from paid-time off and vacation time. A leave of absence is a way for employees who are experiencing out of ordinary circumstances to take time off work. There are two types of leaves: mandatory and voluntary. Mandatory leave is governed at the federal level by the Americans with Disabilities Act (ADA) and Family Medical Leave Act FMLA). Voluntary leave is an employee perk in a sense. This is based on employer discretion and DOES NOT offer the same job protection as the FMLA. Let’s get in further details. Reference: https://www.dir.ca.gov/dlse/PersonalLeaveOfAbsence.pdf
- #10 The Family and Medical Leave Act of 1993 (dol.gov) is a labor law requiring covered employers to provide employees with job-protected, unpaid leave for qualified medical and family reasons. Some examples of this includes childbirth, adoption, and/or caring for an ill family member. In addition, employees in these workplaces can have rights under both laws if they meet the definition of “disability” (ADA) and “serious health condition” (FMLA). Both of these acts are considered mandatory leave of absence. References: https://www.dol.gov/agencies/whd/fmla
- #11 Voluntary leave of absence is time away from work that is NOT protected by law (edd.ca.gov). In this case, it is up to the employer to decide whether to grant the leave or not, and the employer is under no obligation to hold an employee’s position during a voluntary leave. That decision is solely based and decided by the employer and however they see fit. Managerial employers should always record conversations with employees in order to keep documentation in order to follow up with employees. References: https://edd.ca.gov/en/uibdg/Voluntary_Quit_VQ_285/
- #12 At the Walt Disney Company, we value diversity, inclusivity, and most of all equality among all our employees. Managerial employees must be aware of certain laws and acts that prohibit any use of discrimination or racism in order to make the workplace environment safe and fun for all. There is a no toleration policy, meaning that if any employee (managerial or regular employee) acts in any shape or form that demonstrates or engages in actions that go against our company policy, termination will occur. There are laws that managerial employees should be familiar with in order to make sure they are following our company policy and not acting in any way of discriminatory behavior, consciously aware of it or not.
- #13 The Walt Disney Company strives to protect all employees, and in doing so we mandate that each employee at the company respects individuals from all nationalities, religion, and sexual orientation. These laws are enforced to make sure that managerial employees are maintaining a diverse workplace that is not only fair but as well ensuring safety and unity among employees. The Equal Employment Opportunity Commission (eeoc.gov) is responsible for forcing laws that make it illegal to discriminate against a job applicant or an employee based on their race, color, religion, sex (including pregnancy, transgender status, and sexual orientation), age, and national origin. Title VII of the Civil Rights Act essentially states that no employer can deny or discriminate an employee based on the listings above. Lastly, Age Discrimination in Employment Act (1967) prohibits any one above the age of 40 to be terminated or “let go” from their area of work due to their age. Managerial employee’s should note that the laws stated above are beneficial for the workplace by making it fair and better for everyone. This is not up for debate, failure to comply with these laws and restricting employees based on any acts of discrimination will be immediately terminated for failure to follow the law. References: https://www.eeoc.gov/overview https://www.dol.gov/general/topic/discrimination
- #14 The WDC provides union for the employees. However, it is important to note that with union there are several laws that protect employees from being fired, terminated, or let go from a position without proper timing on their end. There are several laws that protect employees in participating in union activities. Managerial employees are required to know or have some understanding of these laws in case needed in the future. Reference: https://ufcw324.org Disneyland Contract: https://ufcw324.org/wp-content/uploads/2022/02/2021-2024-DISNEYLAND-.pdf Disney California Adventure and Downtown Disney Contract: https://ufcw324.org/wp-content/uploads/2022/02/DISNEY-CA-ADVENTURE-2021-2024.pdf
- #15 Employees have the right to unionize, meaning that they can join together to advance their interest as employees. Due to the WDC providing a union to its workers, it is beneficial to managerial employees to identify and understand laws that corresponding to employees and its union. It is unlawful for an employer to interfere, restrain, or coerce employees in the exercise of their rights. The National Labor Relations Act establishes certain rights employees including the right to join, form, or self-organize labor organizations. The NLRA is a federal law that protects employees who participate in labor organizations in order to improve current work conditions.
- #16 Our last discussion to address is distinguishing the benefits versus part time employees versus full-time. It is critical for managerial employees to understand how benefits take a roll in each status. Here at the WDC we focus on a number of status’s aside from full-time and part-time. We take seniority (how long someone has worked in the department), scheduling, academics, and second source of income into consideration when designing schedules, hours, and events for our fellow employees. Although this responsibility is distributed among scheduling and human resources, it is important to note that managerial employees should be familiar with benefits and how employee’s can be eligible for them.
- #17 California’s current minimum wage is $15.00, however at the Disneyland Resort minimum wage is $17.00 based on the union contract. Full-Time employees should be working 32-40 hours weekly, part-time employees should be fluctuating around 20 hours weekly. On peak seasons (busier times of the year) such as summer and on holidays like Halloween, Christmas, New Years, and Easter can potentially be working more than usual depending on business needs. On major holidays, employees get paid time and a half however on the smaller holidays such as Labor Day, President Day, Memorial Day, and so on employees only get paid time and a half after working at the company for three years. Schedule is formed through seniority, preferences of location and hours, and outside factors. Most part-time employees at the resort are continuing their education, therefore most of part-time will want to work during the night so they can attend school in the morning. Since they are not obligated to maintain their weekly hours, they can work less than 20 hours per week. Full-Time employees however are required to maintain their hours weekly, therefore they can state where they want to work and at what time works best for them. Seniority status goes as follows: full-time employees have more seniority than part-time employees. Part-time employees seniority among other part-time employees range from years worked at the resort. Managerial employees should have an understanding of scheduling, seniority, and employee status when directing or aiding employees based on their qualifications for perks and benefits.
- #18 Fair Labor Standard Act of 1938 (dol.gov) creates the right to a minimum wage and “time-and-a-half” overtime pay when employees work over forty hours a week. It also prohibits employment of minors in “oppressive child labor” meaning there must be a minimum wage requirement that follow state guidelines. The WDC pays their employees based on their location and job qualification meaning that some positions pay more than others. Starting pay for retail employees is $17.00 per hour, however attraction employees get paid almost a dollar more than retail workers based on labor and technicalities of the position. Reference: https://www.dol.gov/agencies/whd/flsa
- #19 There are many employee related laws that are constantly changing, evolving, and being updated to fit current times. However, in this presentation we addressed the key laws that we believe affect the workplace and want our managerial employees to not only know but understand while working here at the Walt Disney Company. Managerial employees should be continuing their education by staying up to date with regulations and policies and working closely not only with other leadership employees but as well as their full-time and part time employees. By doing so, this will ensure a positive and safe working environment for all.