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

1. LEGAL QUESTIONS BY GEORGIA
LIBRARIANS
Case Studies

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

3. ISSUE SPOTTING
 The key to issue spotting is being able to identify
which facts raise which issues.
 Because of the complexity of the law, the
elimination or addition of one fact can eliminate
or add issues to a case thereby raising an entirely
different rule of law.
 Think of it as looking for red flags.

4. EMPLOYEES ON FMLA LEAVE
Comp Time, Accrued Leave &
Disability Benefits

5. WHICH FACTS RAISE WHICH ISSUES?
Full-time library employee will be going on
maternity leave for 12 weeks. She currently has:
 3 days comp time
 1 week accrued annual leave
 1 week accrued sick leave
 disability eligibility
How is she paid during the 12 weeks she is on
leave and how much leave does she accrue while on
leave?

6. APPLICABLE LAW: FAMILY & MEDICAL
LEAVE ACT (FMLA)
 FMLA leave is unpaid
 Even for FLSA salaried-exempt employees
 Employer may require concurrent use of accrued
leave
 Comp time is NOT accrued leave
 Employee may use, but doesn’t count as FMLA leave
 If receiving disability benefits, employee may not
use accrued leave
 No requirement for accrual of leave while on
FMLA, unless using accrued time---then subject
to usual leave accrual policy

7. APPLYING LAW TO FACTS
 First 3 days are comp time.
 FMLA clock begins on 4th day.
 If receiving disability for entire 12-week period,
cannot require use of accrued leave.
 If using accrued leave, will accrue additional
leave in accordance with library policy.

8. UNSUPERVISED CHILDREN
Physical contact

9. WHICH FACTS RAISE WHICH ISSUES?
 8-year-old & 11-year old siblings left at the
library by parent.
 The children begin to fight.
How should library staff respond?
What is the legal duty?
What is the risk of liability?

10. APPLICABLE LAW
 Arising under the law:
none
 Arising from societal
norms: protect the
vulnerable and
helpless
 State law claims for:
 Assault: causing a
person to reasonably
apprehend a violent
injury from an
unlawful act
 Battery: intentionally
causing physical harm
to another through
any physical touching.
Duty Liability

11. CHANGE THE FACTS
 A group of 12-year olds are loud and boisterous in
the library.
 Staff member approaches the group, grabs a child
roughly by the arm and proceeds to spank the
child.
 Staff member tells the other children that they
will each receive the same treatment if they
continue to be loud in the library.

12. APPLYING LAW TO FACTS
 Level of reasonableness has dramatically
decreased
 Higher likelihood of liability for the individual
staff member
 Library could be liable if there was knowledge of
a dangerous propensity

13. ADA
Reasonable Modifications

14. WHICH FACTS RAISE WHICH ISSUES?
Library patron who claims to have AD/HD requests
library to build an addition to include a private
“quiet” room so she is able to concentrate on her
reading.

15. APPLICABLE LAW:
AMERICANS WITH DISABILITIES ACT
 Title II of ADA requires a public entity to make
reasonable modifications in policies, practices, or
procedures when the modifications are necessary
to avoid discrimination on the basis of disability.
 Public entity is not required to employ any and
all means to make services accessible to persons
with disabilities but only to make “reasonable
modifications” that would not fundamentally
alter the nature of the service or activity of the
public entity or impose an undue burden.

16. APPLYING LAW TO FACTS
 Building an addition to provide a patron with a
private reading room is not reasonable and would
impose an undue burden on the library.

17. CHANGE THE FACTS
 Library patron claims she has an anxiety
disorder and requests that she be allowed to
bring her dog into the library with her.
 Legal analysis shifts to whether the person is a
“qualified individual” and whether dog is a
“service animal.”

18. HOW DOES ADA DEFINE “QUALIFIED
INDIVIDUAL”
 “an individual with a disability who, with or
without reasonable modifications . . . or the
provision of auxiliary aids and services, meets
the essential eligibility requirements for the
receipt of services or the participation in
programs or activities provided by a public
entity.” 42 U.S.C. § 12131(2).
 A person has a “disability” if she has (1) a
physical or mental impairment that substantially
limits one or more major life activities; (2) a
record of such an impairment; or (3) is regarded
as having such an impairment. 42 U.S.C. §
12102(1).

19. WHAT IS REQUIRED OF THE DOG?
 A service animal includes “any dog that is
individually trained to do work or perform tasks for
the benefit of an individual with a disability,
including a physical, sensory, psychiatric, intellectual,
or other mental disability.” 28 C.F.R. § 35.104 (2011).
 A public entity “may make two inquiries to determine
whether an animal qualifies as a service animal: (1)
whether the animal is required b/c of a disability and
(2) what work or task the animal has been trained to
perform.
 A public entity shall not require documentation, such
as proof that the animal has been certified, trained, or
licensed as a service animal.” 28 C.F.R. § 35.136(f)
(2011).

20. APPLYING LAW TO FACTS
 If patron claims to have an impairment that
limits her ability to perform a major life activity--
driving, caring for self, thinking, sleeping,
walking, lifting, interacting with others—
 And she claims the dog is a “service animal”
The library’s denial of access to the dog could be a
violation of Title II of the ADA.

21. DEBT COLLECTION
Docking Employee’s Pay

22. WHICH FACTS RAISE WHICH ISSUES?
 Employee owes $100 in overdue fines
 Works 40 hours per week
 Paid bi-weekly at an hourly rate of $8.00

23. APPLICABLE LAW
 No law in Georgia to prevent docking pay.
 FLSA establishes minimum wage
 A violation if deduction brings wage below $7.25.
 Be aware of bankruptcy
 If you are aware (or suspect) employee has declared
bankruptcy—any deduction would violate automatic
stay protection of the bankruptcy court.

24. APPLYING LAW TO FACTS
 Gross pay for 80 hours = $640
 Deduction of full debt brings amount to $540
 Results in an hourly rate of $6.75, which is less
than minimum wage ($7.25).

25. INDEPENDENT CONTRACTOR OR
EMPLOYEE?
The Risks of Misclassification

26. WHICH FACTS RAISE WHICH ISSUES?
 The library has a number of high school students
who work as pages no more than 17 hours per
week.
 They are allowed to set their own hours during
the library’s business hours.
 They are paid bi-weekly along with all other
employees.
May the library classify these workers as
independent contractors?

27. APPLICABLE LAW: FAIR LABOR
STANDARDS ACT & IRS TAX CODE
 Control & supervision**
 Nature of skill
 Responsibility for equipment, supplies,
maintenance
 Method and form of payment/benefits
 Length of job commitment

28. APPLYING LAW TO FACTS
 Pages are subject to a great deal of supervision
and control by the library.
 The nature of the skill for pages is not
particularly specialized.
 The library provides supplies and maintains
equipment used by the pages.
 Pages are paid on the same schedule as
employees.
 There is no specified time period for the job to
end.
NOT INDEPENDENT CONTRACTORS!!!!

29. ADDITIONAL CASE STUDIES DISCUSSED IN
WRITTEN MATERIALS
 Religious holidays
 Rights granted by a power of attorney
 Requests for assistance with official forms
 Non-exempt employees volunteering w/ Friends
 Public forum—free materials

30. COMING SOON . . .
 Non-profit status
 Age discrimination
 Monitoring access of minors
 Conflict/Nepotism on the board
 Employee background checks
 Requests to see surveillance tapes