This document summarizes recent developments under the Fair Labor Standards Act. It discusses white collar exemptions including for executives, administrators, professionals, outside salespeople, and computer employees. It provides an overview of recent court cases related to pharmaceutical sales representatives and whether they qualify for exemptions. The document also discusses proposed changes to regulations for companionship workers and requirements for settling unpaid wage claims without Department of Labor or court approval.
The document provides an overview of employment law topics presented by Stuart E. Rudner at a Next Steps Employment Centre event. It discusses common myths about employment law, calculating notice and severance pay, the legal cornerstones of employment standards legislation, common law, contracts and policies. It also covers hiring processes, human rights considerations, accommodation, policies, investigations and terminations.
This document summarizes wage and hour disputes and class action claims. It discusses common issues like unpaid overtime, minimum wage violations, and misclassifying employees. Employers face risks like liability for violations without needing intent, and class actions where small amounts from multiple plaintiffs become large. Recent cases and settlements are cited, as well as increasing state minimum wages and the President's plans to raise the federal minimum wage for contractors. Exemptions from overtime for job types and nursing mother break requirements are also covered.
The document summarizes recent changes and developments in Tennessee's workers' compensation system. Key points include:
1) Proposed legislation (SB 932) aims to reform the system by redefining "injury", limiting repetitive motion claims, removing limits on closing future medical benefits, and easing restrictions on employer-physician communications.
2) MIJS successfully challenged a Department of Labor order requiring an employer to include a specific physician on their medical panel. The Department rescinded the order.
3) Recent case law established that an employee's subjective belief alone is insufficient to decline returning to work, and that layoffs may constitute a loss of employment and not a meaningful return to work depending on factors like senior
The document summarizes new rules issued by the Tennessee Department of Labor governing the utilization review process for workers' compensation claims. Key changes include:
1) Utilization review physicians must now be licensed in Tennessee and specialize in the area related to the claimant's injury in order to issue denials.
2) Stricter timeframes have been implemented, including requiring employers to submit recommended treatments for review within 3 days and to pay any appeal fees within 10 days.
3) Penalties for non-compliance with the new rules range from $100 to $1,000 per violation. Employers must carefully follow the new requirements.
This document summarizes key information from the June 2010 issue of TN Workers' Comp Chronicle, a legal publication about Tennessee workers' compensation law and cases. It discusses a new law that grants the Department of Labor primary jurisdiction over future medical benefit disputes. It also outlines upcoming certification requirements for adjusters, bill reviewers, and supervisors handling TN workers' comp claims. Finally, it summarizes several recent TN appellate court cases related to issues like compensability of parking lot injuries, statute of limitations for hearing loss claims, and the willful misconduct defense.
Mandatory Arbitration Searching for FairnessWendi Lazar
Mandatory arbitration in employment contracts is unfairly skewed against employees. While arbitration can be preferable for resolving certain disputes, forcing employees to arbitrate discrimination claims undermines their civil rights. In New York, courts apply a stringent test to find arbitration clauses unconscionable, requiring proof of both procedural and substantive unconscionability. Recent cases suggest courts may be less willing to enforce overly broad contractual terms that disadvantage employees. Ultimately, legislative change may be needed to address mandatory arbitration's inequities.
The document summarizes recent developments in Tennessee's workers' compensation system. Governor Bill Haslam plans substantial reforms in 2013 based on consultants' recommendations, including moving the system from courts to an administrative process and overhauling how permanent partial disability is calculated. The consultants also recommended interpreting laws neutrally instead of favoring employees. Recent court cases regarding returning to work and fraud are summarized. New accountability measures were added to unemployment insurance laws in 2012.
The document provides an overview of employment law topics presented by Stuart E. Rudner at a Next Steps Employment Centre event. It discusses common myths about employment law, calculating notice and severance pay, the legal cornerstones of employment standards legislation, common law, contracts and policies. It also covers hiring processes, human rights considerations, accommodation, policies, investigations and terminations.
This document summarizes wage and hour disputes and class action claims. It discusses common issues like unpaid overtime, minimum wage violations, and misclassifying employees. Employers face risks like liability for violations without needing intent, and class actions where small amounts from multiple plaintiffs become large. Recent cases and settlements are cited, as well as increasing state minimum wages and the President's plans to raise the federal minimum wage for contractors. Exemptions from overtime for job types and nursing mother break requirements are also covered.
The document summarizes recent changes and developments in Tennessee's workers' compensation system. Key points include:
1) Proposed legislation (SB 932) aims to reform the system by redefining "injury", limiting repetitive motion claims, removing limits on closing future medical benefits, and easing restrictions on employer-physician communications.
2) MIJS successfully challenged a Department of Labor order requiring an employer to include a specific physician on their medical panel. The Department rescinded the order.
3) Recent case law established that an employee's subjective belief alone is insufficient to decline returning to work, and that layoffs may constitute a loss of employment and not a meaningful return to work depending on factors like senior
The document summarizes new rules issued by the Tennessee Department of Labor governing the utilization review process for workers' compensation claims. Key changes include:
1) Utilization review physicians must now be licensed in Tennessee and specialize in the area related to the claimant's injury in order to issue denials.
2) Stricter timeframes have been implemented, including requiring employers to submit recommended treatments for review within 3 days and to pay any appeal fees within 10 days.
3) Penalties for non-compliance with the new rules range from $100 to $1,000 per violation. Employers must carefully follow the new requirements.
This document summarizes key information from the June 2010 issue of TN Workers' Comp Chronicle, a legal publication about Tennessee workers' compensation law and cases. It discusses a new law that grants the Department of Labor primary jurisdiction over future medical benefit disputes. It also outlines upcoming certification requirements for adjusters, bill reviewers, and supervisors handling TN workers' comp claims. Finally, it summarizes several recent TN appellate court cases related to issues like compensability of parking lot injuries, statute of limitations for hearing loss claims, and the willful misconduct defense.
Mandatory Arbitration Searching for FairnessWendi Lazar
Mandatory arbitration in employment contracts is unfairly skewed against employees. While arbitration can be preferable for resolving certain disputes, forcing employees to arbitrate discrimination claims undermines their civil rights. In New York, courts apply a stringent test to find arbitration clauses unconscionable, requiring proof of both procedural and substantive unconscionability. Recent cases suggest courts may be less willing to enforce overly broad contractual terms that disadvantage employees. Ultimately, legislative change may be needed to address mandatory arbitration's inequities.
The document summarizes recent developments in Tennessee's workers' compensation system. Governor Bill Haslam plans substantial reforms in 2013 based on consultants' recommendations, including moving the system from courts to an administrative process and overhauling how permanent partial disability is calculated. The consultants also recommended interpreting laws neutrally instead of favoring employees. Recent court cases regarding returning to work and fraud are summarized. New accountability measures were added to unemployment insurance laws in 2012.
This document summarizes recent key developments in California employment law from 2012-2013. It discusses court rulings related to disability discrimination, reasonable accommodations, discrimination, retaliation, and wage/hour issues. It provides practical compliance steps for employers, such as explaining essential job functions for accommodations, conducting anti-discrimination training, providing clear policies, and making consistent personnel decisions.
Georgia law requires employers with three or more employees to obtain workers' compensation insurance or be self-insured. Covered employers must maintain a list of physicians for injured employees and post a notice of employees' rights. All employees are covered except for certain exempted categories like domestic servants. The Georgia State Board of Workers' Compensation administers the law and handles disputes. Employers may purchase insurance, self-insure if qualified, or join a self-insured group. The law covers workplace injuries, deaths, and occupational diseases but excludes some non-work related conditions.
The document provides an overview of the challenges of managing employee absences and disabilities in compliance with the Family Medical Leave Act (FMLA) and Americans with Disabilities Act (ADA). It discusses the rising costs of absences, challenges of complying with FMLA and ADA regulations, and steps employers can take to better manage absences through integrated disability management, wellness programs, and return-to-work programs. The document recommends employers work with brokers to evaluate their absence management programs and ensure compliance with complex leave laws and regulations.
EMPLOYMENT LAW AND EMPLOYEES RIGHT - J.I. AugustineJude Augustine
The document discusses employment law and rights in Nigeria. It defines key terms like employer, employee, and employment contract. It outlines both the rights of employers, such as managing employees and expecting loyalty, and the rights of employees, such as fair pay and safe working conditions. The responsibilities of both employers and employees are also discussed. Some common employment problems are mentioned like unfair dismissal and harassment. The consequences of a poorly managed employment relationship and available legal remedies are also summarized. Overall, the document aims to educate about balancing the rights and responsibilities of both parties in the employment relationship under Nigerian law.
The Age Discrimination in Employment Act of 1967 (ADEA) makes it unlawful for employers to discriminate against employees aged 40 and over because of their age. To prove age discrimination, employees must show that they suffered an adverse action, were qualified for the position, and were replaced by someone younger. Employers can defend themselves by showing that age was a bona fide occupational qualification or that the decision was based on a reasonable factor other than age. If employers provide a defense, employees can still prove their case by showing the defense was mere pretext for discrimination.
The document provides an overview of employment law topics including an alphabet soup glossary of common acronyms, cheat sheets on the ADA, ADEA, EPA, ERISA and COBRA, as well as sections on investigations, terminations, wage & hour laws, retaliation, social media policies, and reducing legal fees. The intended purpose is to educate about key employment laws and provide tools and resources for employers to stay compliant.
The 2013 National Defense Authorization Act creates strong new protections for employees of federal contractors and subcontractors who “blow the whistle” on their own employers. The law encourages employees to report “gross mismanagement,” “gross waste,” “abuse of authority” and other misconduct related to federal contracts. Mark discusses these new protections.
The Court of Appeal upheld a dismissal for breakdown of trust where the employment tribunal considered all relevant facts. However, a breakdown of trust cannot be a convenient label for dismissal without lawful reasons. The duty to make reasonable adjustments for a disabled employee does not necessarily end when the employee goes on sick leave. An employment tribunal awarded compensation to an employee who was victimized after complaining of racist behavior. For a transfer of staff to occur under TUPE, there must be a deliberate grouping of employees organized for the specific client work. Selection criteria for redundancy must be applied consistently and objectively.
Applying for Employment With a Disability: Reasonable Accomodations, Undue Ha...Richard Celler
Unfortunately, individuals who have a real or perceived disability continue to suffer discrimination in the workplace though, hindering their ability to earn a living and enjoy an independent life. Learn more about employment with a disability in this presentation.
This document summarizes five key employment law cases from 2015:
1. McConaghie v. Systemgroup Consulting Inc. found an employer discriminated against a female employee by holding a "Men's Day" event that excluded her. The employer was ordered to pay damages.
2. Wilson v. Atomic Energy established that without cause dismissals under the Canada Labour Code are not automatically unjust, allowing some flexibility for employers.
3. Thompson v. Cardel Homes was found to be a constructive dismissal when the employer asked an employee not to return to work before the end of their fixed term contract.
4. Paquette v. Quadraspec Inc. determined that termination pay must include
This document discusses enforceable termination provisions in employment agreements. It emphasizes that termination language must comply with employment standards legislation and outlines key cases that highlight the importance of carefully drafting provisions. Specifically, provisions must refer to benefits during notice periods and not potentially provide less than legally required compensation. Overall, the document recommends using employment agreements with saving clauses and reviewing them regularly to balance protecting business interests with employees' legal rights.
Recent Updates and Practical Advice About Trade Secrets, Non-Compete Agreemen...Parsons Behle & Latimer
This document summarizes a presentation given to Utah employment and business attorneys regarding recent updates on trade secrets, non-compete agreements, and non-solicitation agreements. It discusses key considerations for drafting enforceable non-compete and non-solicitation agreements under Utah law, such as ensuring the agreements are necessary to protect a legitimate business interest, reasonable in duration and geographic scope, and supported by adequate consideration. It also notes that non-solicitation agreements are generally viewed more favorably by courts and provides suggestions for strengthening non-solicitation agreement language.
The document outlines 8 questions employers should ask before taking adverse employment actions against employees to help ensure fairness and avoid potential legal issues. The questions address an employee's tenure, past warnings, reviewing all documentation of the incident, whether others were treated differently, identifying witnesses, whether the employee is a member of a protected class, how coworkers will perceive fairness, and what will be communicated to the employee. Asking these questions helps employers make informed decisions, reduce legal risks, improve employee morale, and lower exposure to damages in potential lawsuits.
T1, 2021 business law lecture week 10 - anti-discrimination law pptmarkmagner
This document provides an overview of anti-discrimination law, including definitions, types of discrimination, areas covered, exemptions, and case examples.
It defines unlawful discrimination as less favorable treatment based on a protected attribute. Direct discrimination occurs when someone is treated less favorably because of an attribute. Indirect discrimination involves imposing a requirement that disadvantages people with an attribute.
Areas covered include employment, education, goods and services. Exemptions include genuine occupational requirements. Employers can be vicariously liable for discrimination by employees. Case examples illustrate claims of direct and indirect discrimination in areas like work, based on attributes such as age, sex, and disability. Sexual harassment is also prohibited.
This document discusses Medicare set-aside arrangements in workers' compensation claims. It addresses when Medicare is an issue, typically when the claimant is already a Medicare beneficiary or the settlement is over $250,000. It also discusses what is required to adequately consider Medicare's interests, including allocating settlement funds for future medical expenses and obtaining CMS approval. Obtaining all required documentation and convincing CMS that enough funds are set aside can be challenging given that workers' compensation claims settle at fair market value rather than full potential exposure.
As many are aware, putting an end to the confusion that prevailed among Immigration Practitioners for almost two decades, the Administrative Appeals Office (AAO), through a Precedent decision, Matter of Simeio Solutions, LLC, 26 I&N Dec. 542 (AAO 2015), clarified that an amended H-1B Petition, with the corresponding LCA, is required to be submitted to United States Citizenship and Immigration Services (USCIS) when there is a material change in the terms and conditions of employment.
powerpoint slides to an employment law update seminar delivered by my employment law team and me to HR professionals, directors and employment agencies
The document summarizes recent developments in Canadian employment law across several topics:
1) Family status obligations have been recognized more broadly to include childcare needs, requiring employers to accommodate employees' scheduling requests.
2) An employee was reinstated with 9 years of back pay after developing anxiety from a stressful job where the employer failed to accommodate.
3) An employee was awarded damages under the human rights code in a wrongful dismissal case where their medical issues were a factor in termination.
4) Courts have affirmed employees have a duty to participate in the accommodation process and cannot abandon it by resigning.
Employment and Labor Law in 2014 How Has The Workplace ImprovedWendi Lazar
Employee rights saw some unusual developments in 2014. The Supreme Court ruled in Burwell v. Hobby Lobby that requiring private companies to provide birth control violated religious freedom, raising concerns about discrimination. New York increased its minimum wage and passed laws providing accommodations for pregnant workers and paid sick leave. However, a religious exemption clause and forced arbitration threaten anti-discrimination protections. Overall, changes in laws and policies both improved and worsened conditions for employees.
This document summarizes recent key developments in California employment law from 2012-2013. It discusses court rulings related to disability discrimination, reasonable accommodations, discrimination, retaliation, and wage/hour issues. It provides practical compliance steps for employers, such as explaining essential job functions for accommodations, conducting anti-discrimination training, providing clear policies, and making consistent personnel decisions.
Georgia law requires employers with three or more employees to obtain workers' compensation insurance or be self-insured. Covered employers must maintain a list of physicians for injured employees and post a notice of employees' rights. All employees are covered except for certain exempted categories like domestic servants. The Georgia State Board of Workers' Compensation administers the law and handles disputes. Employers may purchase insurance, self-insure if qualified, or join a self-insured group. The law covers workplace injuries, deaths, and occupational diseases but excludes some non-work related conditions.
The document provides an overview of the challenges of managing employee absences and disabilities in compliance with the Family Medical Leave Act (FMLA) and Americans with Disabilities Act (ADA). It discusses the rising costs of absences, challenges of complying with FMLA and ADA regulations, and steps employers can take to better manage absences through integrated disability management, wellness programs, and return-to-work programs. The document recommends employers work with brokers to evaluate their absence management programs and ensure compliance with complex leave laws and regulations.
EMPLOYMENT LAW AND EMPLOYEES RIGHT - J.I. AugustineJude Augustine
The document discusses employment law and rights in Nigeria. It defines key terms like employer, employee, and employment contract. It outlines both the rights of employers, such as managing employees and expecting loyalty, and the rights of employees, such as fair pay and safe working conditions. The responsibilities of both employers and employees are also discussed. Some common employment problems are mentioned like unfair dismissal and harassment. The consequences of a poorly managed employment relationship and available legal remedies are also summarized. Overall, the document aims to educate about balancing the rights and responsibilities of both parties in the employment relationship under Nigerian law.
The Age Discrimination in Employment Act of 1967 (ADEA) makes it unlawful for employers to discriminate against employees aged 40 and over because of their age. To prove age discrimination, employees must show that they suffered an adverse action, were qualified for the position, and were replaced by someone younger. Employers can defend themselves by showing that age was a bona fide occupational qualification or that the decision was based on a reasonable factor other than age. If employers provide a defense, employees can still prove their case by showing the defense was mere pretext for discrimination.
The document provides an overview of employment law topics including an alphabet soup glossary of common acronyms, cheat sheets on the ADA, ADEA, EPA, ERISA and COBRA, as well as sections on investigations, terminations, wage & hour laws, retaliation, social media policies, and reducing legal fees. The intended purpose is to educate about key employment laws and provide tools and resources for employers to stay compliant.
The 2013 National Defense Authorization Act creates strong new protections for employees of federal contractors and subcontractors who “blow the whistle” on their own employers. The law encourages employees to report “gross mismanagement,” “gross waste,” “abuse of authority” and other misconduct related to federal contracts. Mark discusses these new protections.
The Court of Appeal upheld a dismissal for breakdown of trust where the employment tribunal considered all relevant facts. However, a breakdown of trust cannot be a convenient label for dismissal without lawful reasons. The duty to make reasonable adjustments for a disabled employee does not necessarily end when the employee goes on sick leave. An employment tribunal awarded compensation to an employee who was victimized after complaining of racist behavior. For a transfer of staff to occur under TUPE, there must be a deliberate grouping of employees organized for the specific client work. Selection criteria for redundancy must be applied consistently and objectively.
Applying for Employment With a Disability: Reasonable Accomodations, Undue Ha...Richard Celler
Unfortunately, individuals who have a real or perceived disability continue to suffer discrimination in the workplace though, hindering their ability to earn a living and enjoy an independent life. Learn more about employment with a disability in this presentation.
This document summarizes five key employment law cases from 2015:
1. McConaghie v. Systemgroup Consulting Inc. found an employer discriminated against a female employee by holding a "Men's Day" event that excluded her. The employer was ordered to pay damages.
2. Wilson v. Atomic Energy established that without cause dismissals under the Canada Labour Code are not automatically unjust, allowing some flexibility for employers.
3. Thompson v. Cardel Homes was found to be a constructive dismissal when the employer asked an employee not to return to work before the end of their fixed term contract.
4. Paquette v. Quadraspec Inc. determined that termination pay must include
This document discusses enforceable termination provisions in employment agreements. It emphasizes that termination language must comply with employment standards legislation and outlines key cases that highlight the importance of carefully drafting provisions. Specifically, provisions must refer to benefits during notice periods and not potentially provide less than legally required compensation. Overall, the document recommends using employment agreements with saving clauses and reviewing them regularly to balance protecting business interests with employees' legal rights.
Recent Updates and Practical Advice About Trade Secrets, Non-Compete Agreemen...Parsons Behle & Latimer
This document summarizes a presentation given to Utah employment and business attorneys regarding recent updates on trade secrets, non-compete agreements, and non-solicitation agreements. It discusses key considerations for drafting enforceable non-compete and non-solicitation agreements under Utah law, such as ensuring the agreements are necessary to protect a legitimate business interest, reasonable in duration and geographic scope, and supported by adequate consideration. It also notes that non-solicitation agreements are generally viewed more favorably by courts and provides suggestions for strengthening non-solicitation agreement language.
The document outlines 8 questions employers should ask before taking adverse employment actions against employees to help ensure fairness and avoid potential legal issues. The questions address an employee's tenure, past warnings, reviewing all documentation of the incident, whether others were treated differently, identifying witnesses, whether the employee is a member of a protected class, how coworkers will perceive fairness, and what will be communicated to the employee. Asking these questions helps employers make informed decisions, reduce legal risks, improve employee morale, and lower exposure to damages in potential lawsuits.
T1, 2021 business law lecture week 10 - anti-discrimination law pptmarkmagner
This document provides an overview of anti-discrimination law, including definitions, types of discrimination, areas covered, exemptions, and case examples.
It defines unlawful discrimination as less favorable treatment based on a protected attribute. Direct discrimination occurs when someone is treated less favorably because of an attribute. Indirect discrimination involves imposing a requirement that disadvantages people with an attribute.
Areas covered include employment, education, goods and services. Exemptions include genuine occupational requirements. Employers can be vicariously liable for discrimination by employees. Case examples illustrate claims of direct and indirect discrimination in areas like work, based on attributes such as age, sex, and disability. Sexual harassment is also prohibited.
This document discusses Medicare set-aside arrangements in workers' compensation claims. It addresses when Medicare is an issue, typically when the claimant is already a Medicare beneficiary or the settlement is over $250,000. It also discusses what is required to adequately consider Medicare's interests, including allocating settlement funds for future medical expenses and obtaining CMS approval. Obtaining all required documentation and convincing CMS that enough funds are set aside can be challenging given that workers' compensation claims settle at fair market value rather than full potential exposure.
As many are aware, putting an end to the confusion that prevailed among Immigration Practitioners for almost two decades, the Administrative Appeals Office (AAO), through a Precedent decision, Matter of Simeio Solutions, LLC, 26 I&N Dec. 542 (AAO 2015), clarified that an amended H-1B Petition, with the corresponding LCA, is required to be submitted to United States Citizenship and Immigration Services (USCIS) when there is a material change in the terms and conditions of employment.
powerpoint slides to an employment law update seminar delivered by my employment law team and me to HR professionals, directors and employment agencies
The document summarizes recent developments in Canadian employment law across several topics:
1) Family status obligations have been recognized more broadly to include childcare needs, requiring employers to accommodate employees' scheduling requests.
2) An employee was reinstated with 9 years of back pay after developing anxiety from a stressful job where the employer failed to accommodate.
3) An employee was awarded damages under the human rights code in a wrongful dismissal case where their medical issues were a factor in termination.
4) Courts have affirmed employees have a duty to participate in the accommodation process and cannot abandon it by resigning.
Employment and Labor Law in 2014 How Has The Workplace ImprovedWendi Lazar
Employee rights saw some unusual developments in 2014. The Supreme Court ruled in Burwell v. Hobby Lobby that requiring private companies to provide birth control violated religious freedom, raising concerns about discrimination. New York increased its minimum wage and passed laws providing accommodations for pregnant workers and paid sick leave. However, a religious exemption clause and forced arbitration threaten anti-discrimination protections. Overall, changes in laws and policies both improved and worsened conditions for employees.
Chapter Twenty one Employment DiscriminationBeing an employer was .docxspoonerneddy
Chapter Twenty one Employment Discrimination
Being an employer was so much easier 100 years ago. Managers could use almost any criteria for hiring, promoting, and firing employees. Today, employers’ decision-making powers are restricted by both federal and state laws, many of which are discussed in this chapter.
The right of the employer to terminate an employment relationship was originally governed almost exclusively by the employment-at-will doctrine, discussed in the first section of this chapter. The second section discusses the constitutional provisions that affect an employer’s ability to hire and fire workers.
The following six sections discuss each of the major pieces of federal legislation designed to prohibit discrimination in employment; these acts are discussed in the order of their enactment. The ninth section discusses the increasingly controversial subject of affirmative action. Global dimensions of employment discrimination are discussed in the final section.Critical Thinking About The Law
You will soon be a businessperson and may be responsible for hiring, promoting, and firing people. When you hold this position, you need to be aware of federal and state laws that prohibit discrimination in employment. Why do you think the government has prohibited discrimination in employment? What ethical norm does the government emphasize by prohibiting discrimination in employment? The government seems to emphasize justice, in the sense that it wants all human beings to be treated equally, regardless of class, race, gender, age, and so on. Reading the following case example and answering the critical thinking questions will sharpen your thinking about laws prohibiting employment discrimination.
Tom, Jonathan, and Bob were hired to work as executive secretaries at a major corporation. The other secretaries for the corporation were surprised that three men were hired, because no man had ever before been hired as a secretary at the corporation. All secretaries were required to type 20 five-page reports each day in addition to completing work for their respective departments. After the male secretaries had been working at the corporation for approximately one month, they received pay raises. None of the female secretaries received raises. When the women asked the manager why the male secretaries had received raises, the manager claimed that the men were performing extra duties and consequently received raises.
1. The manager claimed that the men received raises because they were performing extra duties. Can you identify any potential problems in the manager’s response?
Clue: What words or phrases are ambiguous in the manager’s response?
2. The female secretaries decided to bring a suit against the corporation. They claimed that they did not receive raises because of their gender. Assume that you are a lawyer and the female secretaries have come to you with their complaint. After talking with the secretaries, you realize that you need some .
Chapter Twenty one Employment DiscriminationBeing an employer was .docxmccormicknadine86
Chapter Twenty one Employment Discrimination
Being an employer was so much easier 100 years ago. Managers could use almost any criteria for hiring, promoting, and firing employees. Today, employers’ decision-making powers are restricted by both federal and state laws, many of which are discussed in this chapter.
The right of the employer to terminate an employment relationship was originally governed almost exclusively by the employment-at-will doctrine, discussed in the first section of this chapter. The second section discusses the constitutional provisions that affect an employer’s ability to hire and fire workers.
The following six sections discuss each of the major pieces of federal legislation designed to prohibit discrimination in employment; these acts are discussed in the order of their enactment. The ninth section discusses the increasingly controversial subject of affirmative action. Global dimensions of employment discrimination are discussed in the final section.Critical Thinking About The Law
You will soon be a businessperson and may be responsible for hiring, promoting, and firing people. When you hold this position, you need to be aware of federal and state laws that prohibit discrimination in employment. Why do you think the government has prohibited discrimination in employment? What ethical norm does the government emphasize by prohibiting discrimination in employment? The government seems to emphasize justice, in the sense that it wants all human beings to be treated equally, regardless of class, race, gender, age, and so on. Reading the following case example and answering the critical thinking questions will sharpen your thinking about laws prohibiting employment discrimination.
Tom, Jonathan, and Bob were hired to work as executive secretaries at a major corporation. The other secretaries for the corporation were surprised that three men were hired, because no man had ever before been hired as a secretary at the corporation. All secretaries were required to type 20 five-page reports each day in addition to completing work for their respective departments. After the male secretaries had been working at the corporation for approximately one month, they received pay raises. None of the female secretaries received raises. When the women asked the manager why the male secretaries had received raises, the manager claimed that the men were performing extra duties and consequently received raises.
1. The manager claimed that the men received raises because they were performing extra duties. Can you identify any potential problems in the manager’s response?
Clue: What words or phrases are ambiguous in the manager’s response?
2. The female secretaries decided to bring a suit against the corporation. They claimed that they did not receive raises because of their gender. Assume that you are a lawyer and the female secretaries have come to you with their complaint. After talking with the secretaries, you realize that you need some ...
The document summarizes key employment law updates from a presentation given in January 2014. It discusses several court cases related to human rights, reasonable notice of termination, just cause for dismissal, and temporary layoffs. Specifically, it highlights an employee who was reinstated and awarded damages 9 years after wrongful termination, an employer's duty to accommodate family status, factors affecting reasonable notice periods, the obligation of employees to mitigate damages, and cases related to dismissing employees for cause for inappropriate or dangerous workplace conduct.
Employee RightsWhat Every Fraud Examiner Needs to KnowJanuaryTanaMaeskm
This document summarizes employee rights and guidelines for investigating employee misconduct. It notes that employees have certain legal protections based on their employment status, such as union contracts, civil service rules, or constitutional protections for public employees. When investigating misconduct, employers must follow all applicable laws and procedures to avoid issues like evidence being thrown out on a technicality. The document provides an overview of important considerations for different employee types and investigations, such as obtaining consent and following proper procedures. It stresses the importance for fraud examiners to understand applicable laws to conduct valid investigations and avoid costly legal battles.
Federal Agency Rules Hush Money Payment in a Severance Agreement is Unlawful....Kingston Law Group
The National Labor Relations Board (NLRB) recently ruled that language commonly used in severance agreements is unlawful. The Board stated these provisions conflict with ex-employees’ rights to discuss the terms and conditions of their employment with others. Their February decision hasn’t been appealed as of this writing, but it probably will be.
https://kingstonlawgroup.com/federal-agency-rules-hush-money-payment-in-a-severance-agreement-is-unlawful/
This document discusses Georgia's "At Will" employment law. The law allows employers to terminate employees for any reason, with or without cause. The law was established in the 1800s during industrialization to give employers flexibility in managing their workforce. Under the law, employees have the right to resign from their job and employers have the right to terminate employees as they choose. However, terminations cannot violate civil rights laws. Unions aim to protect employee rights and ensure compliance with anti-discrimination statutes. While the law provides employers and employees rights, critics argue it needs more regulation to prevent unfair treatment.
BHR 3565, Employment Law 1 Course Learning Outcomes for.docxAASTHA76
BHR 3565, Employment Law 1
Course Learning Outcomes for Unit VII
Upon completion of this unit, students should be able to:
6. Identify and explain government regulations regarding national origin discrimination, age
discrimination, and disability discrimination.
6.1 Identify the elements of age discrimination.
6.2 Describe what employers can do to encourage older workers to retire without committing age
discrimination.
6.3 Evaluate what constitutes a disability under the Americans with Disabilities Act and how such a
disability impacts the employment relationship.
6.4 Assess what employers must do to provide reasonable accommodation to employees with
disabilities.
Reading Assignment
Chapter 16:
Age Discrimination
Chapter 17:
Disability Discrimination
Unit Lesson
Federal laws are usually enacted to address a specific issue that exists rather than to address an issue that is
expected to develop. Title VII of the Civil Rights Act was intended to address specific kinds of discrimination in
employment that had been occurring when the Civil Rights Act was approved by Congress. However, Title VII
does not address every kind of discrimination in employment and especially discrimination in employment that
had not been identified at the time as being an issue. We have already seen that Title VII has been amended
to expand the prohibition against discrimination in employment to issues which were later recognized to be
issues that needed to be addressed. For instance, the Pregnancy Discrimination Act in 1978 was actually an
amendment to Title VII to extend the prohibition against discrimination on the basis of gender to include
pregnancy as a class protected from discrimination in employment.
Another of the issues involving discrimination in employment that was recognized as an issue that needed to
be addressed after the Civil Rights Act was enacted is the issue of age discrimination. The primary instance
of discrimination based on age occurred when employers terminated older employees and replaced them with
younger employees in an effort to improve labor efficiency and/or reduce labor costs. Until the Age
Discrimination in Employment Act in 1967 (ADEA), terminating older employees was a business decision –
there was no organized effort to discriminate against older employees. However, the results of employers’
efforts to improve efficiency and reduce costs by terminating older workers had negative impacts on older
workers, and to protect older workers from what was considered to be discriminatory treatment, Congress
enacted the ADEA. Under the ADEA, employees have to prove that they were qualified for a job, that they
were terminated from that job, that they were over the age of forty (the arbitrary age that the ADEA specifies
to define older employees), and that they were replaced by a younger worker or that in some other manner
they were discriminated against because of their age (Mora ...
The document discusses key concepts in US employment law, including the employment-at-will doctrine and its exceptions, major federal statutes governing wages/hours and workplace safety/health, leave laws like FMLA, and protections against discrimination based on characteristics like race, gender, age, and disability under laws such as Title VII, EPA, ADEA, and ADA. Defenses to discrimination claims include business necessity, BFOQ, seniority systems, and after-acquired evidence of employee misconduct.
The Age Discrimination in Employment Act of 1967 (ADEA) makes it unlawful for employers to discriminate against employees aged 40 and over because of their age. To prove age discrimination, employees must show that they suffered an adverse action, were qualified for the position, and were replaced by someone younger. Employers can defend themselves by showing that age was a bona fide occupational qualification or that the decision was based on a reasonable factor other than age. If employers provide a defense, employees can still prove their case by showing the defense was mere pretext for discrimination.
The document provides an overview of recently enacted federal and state legislation including the Lilly Ledbetter Fair Pay Act, the Paycheck Fairness Act, changes to COBRA and FMLA regulations, the Americans with Disabilities Act Amendments Act, New York's Mini-WARN act, and related issues employers should be aware of. It discusses the background and impact of these laws, highlighting requirements for employers including auditing pay practices, revising notice and documentation procedures, and expanding leave administration responsibilities.
BHW Solicitors Summer Employment Law NewsletterBHWSolicitors
The document is a newsletter from BHW Employment Law summarizing recent changes to UK employment law. Some key changes discussed include:
1) Introduction of fees for employment tribunal claims, with Type A claims costing £160 issue fee and £230 hearing fee, and Type B claims such as unfair dismissal costing £250 issue fee and £950 hearing fee.
2) "Protected conversations" can now be used when terminating employment to avoid legal proceedings, though employers must be careful not to engage in "improper behavior" which could allow employees to submit settlement offers as evidence.
3) A new "employee shareholder" employment status will exchange certain rights like unfair dismissal for company shares worth over £2000
The document provides a summary of key legislative changes and developments in UK employment law in 2008-2009. It covers changes to contracts of employment, sick pay and holiday pay, discrimination, constructive and unfair dismissal, and equal pay legislation. Case law is discussed relating to employee status, effective termination dates, health questionnaires, and the right to legal representation in disciplinary hearings.
This document summarizes a presentation on dismissals in Canada. It begins by outlining some common myths regarding dismissals. It then discusses how much notice or severance is required for dismissals without cause, including factors considered for determining reasonable notice periods. The document also covers dismissals for just cause versus without cause, and considerations for conducting dismissal investigations and implementing dismissal policies. It provides examples of dismissals that were found to be for cause or not for cause. The importance of using employment agreements and properly drafting termination clauses is also discussed.
2010 Hot Topics in Labor & Employment Lawptcollins
Patient Protection and Affordable Care Act of 2010—Dependent Coverage Through Age 27—Issues & Guidance
New Jersey’s Medical Marijuana Law—An Overview for Employers
No Good Deed Goes Unpunished—Hidden Liability for Volunteers, Interns and Trainees
Updates on Employee Privacy, Military Family Leave, and Workplace Discrimination Issues
Age Discrimination—Changes on the Horizon
This document provides an overview of key changes to Australian workplace relations and industrial laws under the Fair Work Act 2009, including:
1. The objectives of the Fair Work Act 2009 are to provide fair, flexible and productive workplace laws while maintaining minimum employment standards.
2. Fair Work Australia was established as the new industrial relations tribunal and replaces multiple previous bodies to provide a "one stop shop" for workplace issues.
3. The Fair Work Ombudsman was created to promote compliance with workplace laws through education, assistance and enforcement where needed.
This document summarizes key aspects of leave laws including the Family and Medical Leave Act (FMLA), Americans with Disabilities Act (ADA), and workers' compensation. It discusses who is covered under the FMLA, eligibility requirements, qualifying reasons for leave, and rules around taking leave. It defines disability under the ADA and employers' duty to provide reasonable accommodations. It also provides a brief overview of workers' compensation benefits for workplace injuries. The presentation aims to help employers navigate requesting and providing leave to avoid legal issues.
It's a good news/bad news story: The nation's birth rate has rebounded after a drop that followed the 2008 financial crisis. The bad news is pregnancy discrimination charges are also on the rise. This is a touchy area and one that employers need to keep a close eye on. This article describes new standards that clarify what's discriminatory, and what isn't.
Companies chosen are Google, Pay-pal, & AmazonSeveral compani.docxdonnajames55
Companies chosen are: Google, Pay-pal, & Amazon
Several companies use their brand as a competitive advantage. Given your knowledge about the global economy, identify three brands you believe have the strongest likelihood of remaining a source of advantage in the 21st Century and explain why. Explain the effects you believe the Internet’s capabilities will have on the brands you identified in the previous discussion and what the owner of the brand should do in light of them.
Choose one of the companies above, analyze the internal environment of the company you researched to determine that company’s strengths and weaknesses. Based on the strengths and weaknesses you discovered, determine what steps the company could take to positively impact the company’s competitiveness. Explain your rationale.
Unit I Lesson Notes:
Employer-Employee Relationship
The traditional employer-employee relationship is described as employment-at-will, which simply means that the relationship exists as long as both the employer and the employee want it to exist. That is, employment at-will means that an employee can resign whenever he or she wants to resign for any reason or for no reason. It is often said that an employee must give notice to an employer before the employee resigns, but that idea arises out of the employee hoping for a positive reference from the employer not a legal requirement. Employment-at-will also means that an employer can discharge an employee at any time and for any reason or for no reason, as long as the discharge does not constitute discrimination under federal or state law.
This traditional employment relationship is sometimes modified by employment contracts. Employment contracts are governed by the rules that apply to contracts in general. An employment contract is based on an agreement between the employer and the employee and states express consideration (i.e., the employee promises to work for the employer for a specified period, and the employer agrees to pay the employee a specified amount of compensation). It must be made between parties that have the legal capacity to enter into a contract and be for a legal purpose. Employees hired with a contract can only be terminated according to the provisions of the contract. Conversely, employees hired under the at-will doctrine can have their employment terminated at any time and for any legal reason by either the employer or the employee. As with any other contract, the breach of an employment contract entitles the non-breaching party to recover damages that arise because of the breach of the contract.
An employee who is fired in violation of an employment contract can recover any compensation due under the contract that has not been paid. For an employer, that means an employee who quits in violation of an employment contract may have to pay the costs of finding, hiring, and training a replacement. They may even have to pay back some of the compensation that has already been .
Similar to Recent Wage and Hour Developments Under the Fair Labor Standards Act (20)
Companies chosen are Google, Pay-pal, & AmazonSeveral compani.docx
Recent Wage and Hour Developments Under the Fair Labor Standards Act
1. 11/14/2012
Recent Wage and Hour Developments
Under the Fair Labor Standards Act
NOVEMBER 14, 2012
Mitchell W. Quick, Esq.
Steven A. Nigh, Esq.
Fair Labor Standards Act Basics
The FLSA is the federal law that regulates:
Minimum Wage
Overtime
Child Labor
Recordkeeping
1
2. 11/14/2012
FLSA: White Collar Exemptions
There are several “white collar” exemptions from the
minimum wage and overtime requirements of the
FLSA:
Executive Exemption
Administrative Exemption
Professional Exemption
Outside Sales Exemption
Computer Employee Exemption
FLSA: White Collar Exemptions
Generally, exemptions have a pay component and a
duties component.
Method of payment:
Executives: must be paid on a salary basis
Administrative and Professional Employees: salary or fee basis
Outside Salespersons: no method of pay requirement
Computer Employees: may be salary, fee, or hourly
2
3. 11/14/2012
FLSA: White Collar Exemptions
Duties test
Each white collar exemption looks at the employee’s “primary
duty.”
The primary duty analysis is fact-intensive and will probably
need to be done on a case-by-case basis.
What matters is what the employee actually does—not
necessarily what the employee’s job description says.
Outside Salespersons: The Pharma Cases
Several cases around the country addressed a similar question:
whether pharmaceutical sales representatives (PSRs) were exempt
as outside salespersons.
PSRs could obtain nonbinding contracts from physicians to buy
their company’s products—but they could not enter contracts with
physicians or actually make a sale in the traditional sense of the
word.
3
4. 11/14/2012
Christopher v. Smithkline Beecham Corp.
U.S. Supreme Court
Concluded that PSRs are exempt outside salespersons.
Obtaining nonbinding contracts was enough to constitute a
“sale” under the Dep’t of Labor’s regulations.
All nine justices refused to defer to the Dep’t of Labor, which
argued that the PSRs were non-exempt.
The Dep’t of Labor had changed its longstanding position,
and did so in litigation, not through notice-and-comment
rulemaking.
The Same, Only Different
Schaefer-Larose v. Eli Lilly & Co. (7th Cir. 2012)
Involved PSRs, like Christopher.
But the Seventh Circuit considered whether PSRs were exempt
administrative employees, not outside salespersons.
The Seventh Circuit concluded that PSRs were exempt
because they did nonmanual work directly related to the
general business operations of their employer by being the face
of the company to physicians.
Furthermore, the PSRs used discretion and independent
judgment by working unsupervised and tailoring their customer
service to each physician’s circumstances.
4
5. 11/14/2012
What Does it All Mean?
If you’re a pharma company: you win!
If you’re not: employers can be happy about the
Supreme Court’s opinion on deference
What the Dep’t of Labor can’t do through regulation, it
sometimes tries to do through litigation.
The Supreme Court’s opinion in Christopher may change that
and force the Dep’t of Labor to go back to notice-and-comment
rulemaking.
And if the Dep’t of Labor must go through notice-and-comment
rulemaking, it may not push as hard for extreme (read:
employee-friendly) rules.
Speaking of Notice-and-Comment Rulemaking…
New Proposed Rules for the Companionship Services
Exemption
Currently, people “employed in domestic service employment to
provide companionship services for individuals who (because of
age or infirmity) are unable to care for themselves” are exempt
from the FLSA’s minimum wage and overtime requirements.
The Dep’t of Labor has proposed a new rule that will narrow the
categories of companionship employees that this exemption
applies to and the kinds of activities they can do while
remaining exempt.
5
6. 11/14/2012
Proposed Companionship Services Exemption Changes
Proposed Changes to the Regulations:
Third-party employers of companionship employees cannot
use the exemption; only the person, family or household
employing the employee can use it.
Only employees who provide “fellowship” and “protection” are
exempt; employees whose vocation is domestic service are
non-exempt.
Only 20% of a companionship employee’s time may be spent
on activities “incidental” to providing fellowship and protection,
e.g., making meals or general household work.
Settling without DOL or Court Approval
Martin et. al. v. Spring Break ’83 Productions (5th Cir. 2012).
For decades the rule has been, in contrast to discrimination claims,
an employer cannot privately settle FLSA wage claims.
Court and/or Department of Labor supervision and approval of the
terms of a Settlement Agreement is generally required to enforce a
release of a wage claim.
Martin is the first Court of Appeals case to uphold the enforceability
of a private FLSA settlement.
6
7. 11/14/2012
Settling without DOL or Court Approval
In Martin, the Union signed a settlement agreement with the
employer on the Plaintiffs’ behalf, acknowledging a dispute over
unpaid hours, and agreeing to certain payments.
Meanwhile, the Plaintiffs obtained their own attorneys, filed suit in
court, and then cashed the settlement checks.
The Court enforced the settlement agreement as a valid release of
the Plaintiffs’ wage claims, even though they never signed it.
Settling without DOL or Court Approval
The Court was influenced by the Plaintiffs’ cashing of the checks
when they had lawyers, the authority of the Union to act on their
behalf, and the clear dispute over the number of hours they worked.
A Petition for Review has been filed with the U.S. Supreme Court.
There is a split among the Courts of Appeal, so if the Supreme
Court takes the case it will likely settle the issue.
7
8. 11/14/2012
Settling without DOL or Court Approval
Practice tip: always put in “admission” or estoppel language in any
release that purports to waive wage claims under the FLSA. (i.e.
employee “admits the number of unpaid hours he is claiming is
__[,]” and “admits he has been paid for all hours worked”).
So, even if the release may not bar the filing of the action, this
language will effectively eliminate any remedy.
Significant Wisconsin “Off The Clock” Case
Many collective and class actions are filed against employers
claiming compensation for “off the clock activities” that are allegedly
“work.”
In DeKeyser et. al. v. ThyssenKrupp Waupaca, Inc. (E.D. 2012)
foundry workers claimed they should be compensated for the time
spent before clocking in, or after clocking out, for the “donning and
doffing” of hardhats, safety glasses, ear plugs, pants, shirt, safety
boots, and the time spent showering at work.
8
9. 11/14/2012
Significant Wisconsin “Off The Clock” Case
There were 490 Plaintiffs who “opted-in” to the FLSA collective
action, and 4,900 class Plaintiffs claiming the same relief under
Wisconsin laws.
After 4 years of litigation, the Court issued summary judgment to
Waupaca dismissing all of the Plaintiffs’ claims.
The Plaintiffs have appealed to the Seventh Circuit Court of
Appeals.
Practice tip: If you require employees to don or doff uniforms before
working, do not require that they do so on-site, if at all possible, or
such time might be compensable.
Automatic Timeclock Deductions for Meal Breaks
Many employers utilize an automatic deduction system in which a
certain number of hours are assumed to have been worked, and an
unpaid meal break is automatically deducted.
Such a system is permissible, but not foolproof.
In White v. Baptist Memorial Health Care, (6th Cir. 2012), the
employer had a policy in which employees working shifts of 6 hours
or more received an unpaid meal break that was automatically
deducted from their paychecks.
9
10. 11/14/2012
Automatic Timeclock Deductions for Meal Breaks
The employer’s handbook provided that if an employee’s meal
break was missed or interrupted because of work, the employee
was to record all such times spent performing work during meal
breaks in an “exception log.”
Employees signed a document stating that they understood the
meal break policy, and had to report time in an exception log in
order to be compensated for that time.
Plaintiff, an emergency room nurse, claimed that she repeatedly
worked through meal breaks without compensation.
Automatic Timeclock Deductions for Meal Breaks
There was evidence that each time the Plaintiff did file the
exception log, the employer did compensate her.
The Plaintiff admitted that she stopped reporting her missed meal
breaks because she felt it would be “an uphill battle.”
The hospital moved for summary judgment, claiming that the
employee failed to report such incidents in the exception log.
10
11. 11/14/2012
Automatic Timeclock Deductions for Meal Breaks
The Sixth Circuit dismissed the Plaintiff’s claim, concluding that if
an employer “establishes a reasonable process for an employee to
report uncompensated work time the employer is not liable for non-
payment if the employee fails to follow the established process.”
The Baptist Court found such conduct “prevents the employer from
knowing its obligation to compensate the employee and thwarts the
employer’s ability to comply.”
Automatic Timeclock Deductions for Meal Breaks
This decision stands in contrast to some Department of Labor
Opinion Letters. See Opinion Letter 2008-7NA (holding that an
employer must compensate the employee for all hours worked,
including the time worked during the missed meal period, even if, in
direct violation of company policy, the employee fails to take a meal
break and does not notify a manager.
11
12. 11/14/2012
Other Developments: The “We Didn’t Know” Defense
Kellar v. Summit Seating (7th Cir. 2011)
Kellar was a sewing manager at Summit Seating. After she was
fired, she sued, alleging that she typically arrived 15-45 minutes
before her shift and worked without pay until her shift started.
The Seventh Circuit held that Summit Seating was not required
to pay for that extra work because it did not know and had no
reason to know that Kellar was working extra hours.
The “We Didn’t Know Defense”: Don’t Try This at Home
The general rule is that the employer must “exercise its control and
see that the work is not performed if it does not want it to be
performed.”
Constructive knowledge of the work counts as knowledge.
Summit Seating was able to show that nothing Kellar did alerted it
to the fact that she was actually working—this can be very difficult
to prove!
12