Supervisor Training 2013 ~ Module II

Supervisor Training 2013~ Module II Laurie Myers & Mary Fleming Human Resources

Objectives Module I: Being the Boss • To help you achieve results through effective supervision of your team. Module II: Employment Laws & Legal Updates • Avoid legal pitfalls. Module III: Workforce Alliance Policies & Procedures • Ensure compliance of all organizational policies and procedures.

Supervisor Training Review • Why training? • Legal issues and/or litigation could impact your department and the organization. • You can be held personally responsible or at least sued for your actions taken in a supervisory role, i.e. discrimination, harassment, hostile work environment, etc. • Employees don’t leave their job. They leave their boss.

“Michael left because of the Bulls’ management, not because he’d lost his love of playing the game.”~ Tiger Woods

Being the Boss • More administrative work, more supervising, and more managing with less involvement in the activities of the work group. • Supervisor’s Role: Getting the work completed in a timely and efficient manner consistent with company policy. • Supervisor’s Responsibilities: • Represent the company to team members • Represent yourself & your team to senior management • Responsible to yourself

Supervisory Styles • Relationship-centered: use relationships & recognition to influence others, preferring not to use authority. • Task-centered: tend to structure & direct the work of their group. • Separated: frequently delegate & usually in broad, general terms. • Integrated: structure work & involve others in the cooperative achievement of goals.

Supervisor’s Tasks • Plan & prioritize short and long term projects. • Delegate effectively. • Develop career objectives & goals for team. • Model desired behavior by setting a good example. • Make yourself accessible to your team. • Encourage teamwork & direct problem solving. • Be consistent to avoid favoritism and/or discrimination.

Supervisor’s Tasks • Communicate upwards & downwards honestly. • Hold meetings only when necessary. • Discipline effectively. • 2-Minute Challenge • Give praise & recognition liberally.

“ There are only two things people want more than sex and money – and that’s recognition and praise.” ~ Mary Kay Ash, founder of Mary Kay Cosmetics

Fair Labor Standards Act (FLSA) • Governed by the U.S. Department of Labor. • The basics of FLSA are four simple rules: • You must pay minimum wage ($7.25/Federal and $7.67/Florida) - pay higher rate. • You must pay premium pay (overtime) for hours worked over 40 in a workweek. • You must maintain an accurate record of hours worked. • You must observe limitations on the employment of minors under 18 years old.

F.L.S.A. • Does making an employee salaried make them exempt from overtime? • To qualify for exemption, employees generally must meet certain tests regarding their job duties and be paid on a salary basis at not less than $455 per week. Job titles do not determine exempt status. In order for an exemption to apply, an employee’s specific job duties and salary must meet all the requirements of the Department’s regulations.

Workweek The DOL defines workweek as “a period of 168 hours during 7 consecutive 24-hour periods. It may begin on any day of the week and at any hour of the day established by the employer. Generally for purposes of minimum wage and overtime payment, each workweek stands alone; there can be no averaging of two or more workweeks.” • DEO: Friday through Thursday • Consortium: Saturday through Friday

Hours Worked • All employees must be paid for all hours worked in a workweek. • Includes all time employee is on duty, on employer’s premises, or at other prescribed place of work, from the beginning of the first principal act of the work day to the last principal work activity of the workday. • Any additional time the employee is allowed to work.

Working from Home For non-exempt employees: • Generally, this is discouraged at Workforce Alliance. • Don’t authorize for regular work. • For special projects only. • Must be pre-approved by management. • Make sure employee is paid for all hours worked at home.

F.L.S.A. Risks • Back pay • Liquidated damages • Civil money penalties • Injunctions • Attorneys’ fees • Criminal penalties • Time and trouble • Reputation

DOL initiative results in nearly $365,000 in back wages & penalties for violations affecting 100’s of workers in Florida’s agricultural industry • An ongoing enforcement initiative conducted by the U.S. DOL’s Wage & Hour Division that focused on the agricultural industry in central Florida has uncovered widespread violations of the FLSA, the Migrant & Seasonal Agricultural Worker Protection Act, and the field sanitation standards of the OSHA. • Under this initiative, the division’s Tampa District Office conducted 144 investigations of agricultural industry employers in 2012, recovering more than $135,000 in back wages for 926 workers and assessing approximately $228,000 in civil money penalties. The division also conducted more than 40 outreach sessions, providing valuable education and compliance assistance to hundreds of employers, employees and stakeholders regarding the requirements of the law.

US DOL recovers more than $1 million in back wages & damages for 196 employees misclassified as independent contractors • 5/9/13-The U.S. DOL has obtained a consent judgment in federal court ordering Bowlin Group & Bowlin Services to pay 196 employees a total of $1,075,000 in back wages & liquidated damages. • Misclassified 77 employees as independent contractors & violated the FLSA by denying those workers & others OT compensation, & failing to maintain accurate payroll records. The judgment also permanently enjoins the defendants, as well as former Bowlin Group Vice President James “Jay” Martin, from violating the FLSA in the future.

F.L.S.A. Group Exercises

Breaks • Are breaks required? • For employees over 18 years old, only meal breaks are required after 6 hours of work. • It is okay to occasionally flex a schedule by working through lunch to leave early or come in late if approved in advance by management. • Do I have to pay employees for a coffee break? • Rest breaks of 20 minutes or less are compensable. • Is it ok to have them cover the front desk while eating their lunch? • No, meal breaks must be uninterrupted time and are generally 30 minutes or more.

“Practice Golden Rule 1 of Management in everything you do. Manage others the way you would like to be managed.”~ Brian Tracy, motivational speaker and author

Equal Employment Opportunity (EEO) • Governed by the Equal Employment Opportunity Commission (EEOC) • Title VII, Civil Rights Act of 1964 • Discrimination • Harassment • Retaliation

Discrimination • Unfair treatment due to your race, color, religion, sex (including pregnancy and lactation), disability, age (40+), genetic information, or national origin. Sexual orientation and transgender individuals are also protected in Palm Beach County. • The laws apply to all types of work situations, including hiring, firing, promotions, harassment, training, wages, and benefits.

Harassment • What is harassment? • Anything that makes an employee feel uncomfortable, and • Due to their race, color, religion, sex (including pregnancy and lactation), disability, age (40+), genetic information, or national origin. Sexual orientation and transgender individuals are also protected in Palm Beach County. • Who can be a harasser? • Anyone!

Sexual Harassment • It is unlawful to harass a person (an applicant or employee) because of that person’s sex. Harassment can include sexual harassment or unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature. • Harassment does not have to be of a sexual nature, however, it can include offensive remarks about a person’s sex. For example, it is illegal to harass a woman by making offensive comments about women in general.

Types of Harassment • Physical • Touching, hugging, rubbing, massaging, or hitting • Verbal • Comments/innuendoes about a person or their characteristics, use of derogatory terms, off-color comments, ethnic slurs, racial jokes, or unwelcome advances. • Non-Verbal • Inappropriate gifts, suggestive notes/cards/emails, standing too close, or inappropriate pictures/cartoons. • Quid Pro Quo • A form of sexual blackmail; the conditioning of employment benefits on an employee's submission to unwelcome sexual conduct.

Hostile Work Environment • A hostile work environment exists when an employee experiences workplace harassment and fears going to work because of the offensive, intimidating, or oppressive atmosphere generated by the harasser. • A hostile work environment may also be created when management acts in a manner designed to make an employee quit in retaliation for some action.

Retaliation • An employer may not fire, demote, harass or otherwise "retaliate" against an individual for filing a charge of discrimination, participating in a discrimination proceeding, or otherwise opposing discrimination. • The same laws that prohibit discrimination based on race, color, sex, religion, national origin, age, and disability, as well as wage differences between men and women performing substantially equal work, also prohibit retaliation against individuals who oppose unlawful discrimination, harassment, or participate in an employment discrimination proceeding. • Protected by the Whistle Blower Act and the Sarbanes-Oxley Act • Number 1 most common claim filed with the EEOC.

Retaliation There are three main terms that are used to describe retaliation. It occurs when an employer, employment agency, or labor organization takes an adverse action against a covered individual because he/she engaged in a protected activity. • Adverse Action is taken as a result of someone opposing a discriminatory practice, or from participating in an employment discrimination proceeding. • Covered Individuals are people who have opposed unlawful practices, participated in proceedings, or requested accommodations related to employment discrimination based on race, color, sex, religion, national origin, age, or disability. Individuals who have a close association with someone who has engaged in such protected activity also are covered individuals. • Protected Activity: • Opposition to a practice believed to be unlawful discrimination. • Participation in an employment discrimination proceeding.

Jury Awards More Than $1.5 Million in Sexual Harassment & Retaliation Suit • A jury rendered a verdict of more than $1.5 million in the EEOC sexual harassment and retaliation lawsuit against New Breed Logistics, a N.C.-based logistics services provider. The verdict followed a 7-day trial before U.S. District Court Judge S. Thomas Anderson on behalf of 4 claimants & included awards of $177,094 in back pay, $486,000 in compensatory damages & $850,000 in punitive damages for the discrimination victims. • Charged New Breed with subjecting 3 female employees to sexual harassment and retaliating against the 3 female employees & 1 male employee for opposing the harassment in violation of Title VII. Specifically, the jury found that New Breed, through the conduct of a warehouse supervisor, harassed 3 temp workers by subjecting them to unwelcome sexual touching & lewd, obscene & vulgar sexual remarks at the company's Avaya Memphis area warehouse facility.

Pregnancy Discrimination Act • This law amended Title VII to make it illegal to discriminate against a woman because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth. • The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.

Age Discrimination In Employment Act of 1967 • ADEA protects people who are 40 or older from discrimination because of age. • The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.

Equal Pay Act of 1963 • EPA makes it illegal to pay different wages to men and women if they perform equal work in the same workplace. • The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit. • Title VII also makes it illegal to discriminate based on sex in pay and benefits. Therefore, someone who has an EPA claim may also have a claim under Title VII. • Lilly Ledbetter Fair Pay Act of 2009 amends the statute of limitations in filing a claim.

Genetic Information Nondiscrimination Act of 2008 • GINA prohibits employers from collecting genetic information from employees, and using this information to make decisions regarding hiring, firing, or any other term of employment. • Employers, including labor unions and employment agencies, must adhere to strict guidelines regarding genetic information. • It is prohibited to retaliate against an individual for opposing acts made lawful by GINA.

Americans with Disabilities Act • Prohibits discrimination against applicants and employees who are “qualified with a disability” • Governed by Equal Opportunity Commission (EEOC) • Can perform essential functions of the job with or without a reasonable accommodation • Medical documentation only regarding an employee’s disability that is job-related and limited in determining ability to perform the job and whether an accommodation is needed and would be effective. • Restricted or Light Duty – required to be offered if it is a reasonable accommodation that does not create an undue hardship on the employer.

A.D.A. • Fitness-to-return-to-work Certification is permitted as long as the information requested/ required is job-related and necessary to determine whether the employee can perform the essential functions of the job. • Continue same benefits while on leave. Cannot discriminate and must provide same benefits as those provided on non-ADA leave of absence. • Additional approved unpaid leave and/or required reinstatement to previous job unless doing so would create an undue hardship on the employer. • Concurrent with FMLA & Worker’s Compensation • Contact HR for guidance.

Family Medical Leave Act • Governed by the Department of Labor, Wage & Hour Division • Sets minimum leave standards for employees • Report to HR any absences of over 2 days as may qualify for FMLA – regardless of whether or not PTO available. • Eligible after one year and 1,250 hours of employment; plus: • the employee’s serious health condition; • birth & newborn care of a child, placement of a child for adoption/foster care; • to care for an immediate family member with a serious health condition; • because you are the immediate family member or next of kin of a covered servicemember with a serious injury or illness; or • qualifying exigency arising out of the fact that immediate family member is on covered active duty or called to covered active duty status with the Armed Forces.

Return to Work - No limitations. FMLA Return to Work - No limitations. • Medical certification of the need for the leave not to exceed what is requested in the DOL Medical Certification Form. • Restricted or Light Duty – cannot be required. • Fitness-to-return-to-work Certification is required before employee returns to work with any work restrictions specified. It first must be reviewed and approved by HR prior to employee returning to work. • Up to twelve weeks of excused absence in a rolling 12-month period as either: • Intermittent • Single leave • Leave to care for a covered service member is up to 26 weeks in a rolling 12-month period.

FMLA • Benefits while on leave – health coverage and other benefits are continued at same level as prior to the leave. • Required reinstatement to the same or an equivalent job. NO undue hardship exception. • Concurrent with Workers Compensation, ADA, & company leave policy. • HIPAA applies. • Violations – not only can company be liable, but so can the supervisor.

State & Local Government Employees • Covered by FL Collective Bargaining Unit Law (CH 447, FL Statutes. • Florida is the ONLY state to provide bargaining rights in state constitution • No strikes • Right to work state – what does that mean? • Florida is the ONLY state to provide bargaining rights in state constitution • DEO employees are bargaining unit (union) eligible • Consortium – no collective bargaining unit recognized at this time

Occupational Safety and Health Act of 1970 • Passed to prevent workers from being killed or seriously injured at work. • OSHA sets and enforces protective workplace safety and health standards as well as provides information, training, and assistance to employers and workers. • Governed by the National Advisory Committee on Occupational Safety and Health • Violence in the Workplace/Anti-Bullying – zero tolerance by peers, management, customers • Whistleblowers laws are enforced by OSHA for reporting unsafe working conditions. • Ensure a safe working environment. Ask I.T. and/or Facilities for assistance in moving equipment or furniture.

Worker’s Compensation • Governed by Florida’s Workers’ Compensation Commission. • Provides for payment of compensation & rehabilitation for workplace injuries and minimizes employer liability. • Employee is eligible if he/she has injury or illness arising out of or in the course of employment according to state law; possible exceptions for willful misconduct, intentional self-inflicted injuries, willful disregard of safety rules, or intoxication from alcohol or illegal drugs. • Medical documentation that pertains to the employee’s on-the-job injury is required. • Restricted or Light Duty ought to be offered if available as it may eliminate the employee’s entitlement to the wage replacement benefit (66.67%).

Worker’s Compensation • DEO – • Notify HR • Call Optacomp (workers comp carrier) for triage instructions • Consortium – • Notify HR & request authorization to MD Now (if non-life threatening) • Post-accident drug screen • HR reports to Employers (workers comp carrier)

Worker’s Compensation Return to Work - No restrictions. • All medical reports must be provided to HR following each and every visit • Fitness-to-return-to-work Certification is required before employee returns to work any work restrictions specified. • Benefits while on leave will be continued when run concurrently with FMLA. • No reinstatement rights under Florida state law, except for retaliatory discharges. • Does HIPAA apply?

Veteran’s Preference • Florida sets certain requirements for public employers to accord preferences, in hiring, retention, and promotion, to certain veterans & spouses of veterans who are Florida residents. • Categories of Protected Individuals: • Veteran with a service-connected disability; • Spouse of a veteran who cannot qualify for employment because of a service-connect disability, missing in action, or POW; • Veteran who has served on active duty during wartime and was honorably discharged; • Unremarried widow/widower of a veteran who died of a service-connected disability.

Other Vet-Pref. Provisions • Veteran’s preference in perpetuity: use preference each time when seeking new employment with different state agencies. • Preference in reinstatement or reemployment: when covered person leaves employment for the purpose of serving in the armed forces, he/she entitled to reinstatement or reemployment upon discharge from active duty. • Promotion preference: only applies to a vet’s first promotion after reinstatement or reemployment.

Objectives Module I: Being the Boss • To help you achieve results through effective supervision of your team. Module II: Employment Laws & Legal Updates • Avoid legal pitfalls. Module III: Workforce Alliance Policies & Procedures • Ensure compliance of all organizational policies and procedures.

Questions? • Module III – Wednesday, July 10th • Workforce Alliance Policies • & Procedures

Supervisor Training 2013 ~ Module II