1 / 15

HOT LEGAL TOPICS

LEGAL HOT TOPICS AND STRATEGIES FOR STAYING OUT OF HOT “LEGAL” WATERS GREATER VALLEY FORGE HUMAN RESOURCE ASSOCIATION NOVEMBER 1, 2007 JACQUELINE SHULMAN, ESQUIRE jacqueline.shulman@obermayer.com. HOT LEGAL TOPICS. Navigating EEO-1 Reporting Changes No-Match Letters Update

kyle-lara
Download Presentation

HOT LEGAL TOPICS

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript


  1. LEGAL HOT TOPICS AND STRATEGIES FOR STAYING OUT OF HOT “LEGAL” WATERSGREATER VALLEY FORGE HUMAN RESOURCE ASSOCIATIONNOVEMBER 1, 2007JACQUELINE SHULMAN, ESQUIRE jacqueline.shulman@obermayer.com

  2. HOT LEGAL TOPICS • Navigating EEO-1 Reporting Changes • No-Match Letters Update • Jobs For Veterans Act • Federal & PA Minimum Wage Update • EEOC Revises ADEA Regulations • TEVA Pharmaceuticals – FMLA Waivers • Smokin’ Joes – Sex Harassment • Best Buy – Security Searches/$$

  3. 1. EEO-1 Reporting Changes • 100 or more employees or 50 or more and federal contracts of $50,000 • Reports due by September 30 • Used by EEOC and OFCCP • Changes to Racial & Ethnic Categories • Self-Identification Preferred • Changes to Job Categories • www.eeoc.gov/eeo1survey/howtofile.html

  4. 2. No-Match Letter Update • Letters sent to Employers when SS# doesn’t match up with employee’s name • August 19, 2007 – Final Rule expanded definition of “Constructive Knowledge” • Could now be a basis for taking action against employees (e.g. discharge) if cannot confirm • Fear it would lead to increases claims of discrimination if termed but eligible to work in US • Injunction in San Francisco froze new regs and the mailing of No-Match letters

  5. 3. Jobs for Veterans Act • For federal contractors (OFCCP) • Requires affirmative action to hire vets and refrain from discrimination • $25,000 threshold raised to $100,000 for contracts after Dec. 1, 2003 • Can use the same AAP for both old and new regulations • Still requires listing of job openings • Job Bank shut down on June 30, 2007 • www.dol.gov/esa/ofccp/index.html

  6. 4. PA & Federal Minimum Wage • Pennsylvania • 11 or more employees – Current is $7:15 • 10 or fewer – Current is $6.65 until 7/1/08 • Trainee Exemption – under age 20 – first 60 days of employment only- not less than $5.15 • Must notify at time of hire of both wages • Federal • Currently below PA • No impact until July 24, 2009 - $7.25 • But must display poster now

  7. 5. New ADEA Regulations • ADEA does not bar employers from favoring older workers over younger ones, even when all are older than 40 • Rule issued by EEOC after SC Case • Rule notes that ADEA does not require employers to prefer older individuals • Limit collecting of age-identifying info

  8. 6. TEVA and FMLA Waivers • District Court- Eastern District of PA -2006 • Legal for severance agreement to include a waiver of past FMLA violations • Not legal for employees to prospectively waive FMLA right to take leave or right to sue • Retaining the severance payment does not make an illegal agreement enforceable

  9. 7. Smokin’ Joes Tobacco Shop • District Court – Eastern District of PA - 2007 • Employee’s sexual history/marital status relevant in determining if hostile environment existed (to see if she was subjectively offended by comments) • Employee’s discussions with her co-workers about her sex life outside workplace showed she may not have been offended by supervisor’s comments. • Best to have Zero Tolerance for sex talk in workplace

  10. 8. Best Buy and Security Searches • Philadelphia Court of Common Pleas – 2007 Proposed Class Action lawsuit • Alleges hourly employees not compensated for daily security checks after punching out • Alleges hourly employees routinely forced to work through meal and break periods without compensation • Harkens back to Wal-Mart - $140 million in 2006 (for working OT and through breaks without proper compensation)

  11. How to Stay out of Hot Water • 1. “Smart” Supervising • 2. Follow the Golden Rule (Avoiding Harassment Claims) • 3. 10 Tips for Termination without Litigation

  12. 1. “Smart” Supervising • Know which hat you wear • Fair and consistent treatment • Each employee is an individual • Be a good listener • Respond promptly • Be a good communicator • Be Proactive with employee concerns • Be Respectful (Follow the Golden Rule)

  13. 2. Follow the Golden Rule • Be a Professional • Do unto others as you would have others do unto you; or • Don’t do anything to someone else that you would not like done to you (or someone you care about)

  14. 3. Termination Without Litigation • Termination is Capital Punishment of the workplace • If it’s not in writing, it didn’t happen • If it feels good, don’t do it • If the employee is surprised, you haven’t done your job • Consistent and Fair Treatment • Human Resources is your friend

  15. IF ALL YOU REMEMBER… • Fair and Consistent Treatment • It’s a Supervisor’s job to set the tone for the staff (Act Professionally) • Follow the Golden Rule • Educate that Human Resources is everyone’s Best Friend!!

More Related