ABC’s of Employment Law ( the statutes and legal claims you need to know about )

1. ABC’s of Employment Law (the statutes and legal claims you need to know about) Jaki K. Samuelson Whitfield & Eddy, P.L.C. 317 Sixth Avenue, Suite 1200 Des Moines, IA 50309 515-246-5569 samuelson@whitfieldlaw.com

2. STATUTES

3. Employment Discrimination Federal Laws Will only apply if the County Extension office has >15 employees or is considered a joint employer with ISU or other County offices • Title VII • Prohibits discrimination and harassment based on race, color, religion, national origin, gender, pregnancy; • Prohibits sexual harassment by supervisors and co-employees. • Quid Pro Quo • Hostile work environment;

4. Federal Laws (continued) • Title VII • Prohibits retaliation; • Affirmative defenses under some circumstances when employer has an antidiscrimination policy, grievance procedure and follows it.

5. Federal Laws (Cont.) • ADEA: Age Discrimination in Employment Act – prohibits discrimination and harassment against employees or applicants over age 40 and retaliation.

6. Federal Laws (Cont.) • ADA/ADAAA: Americans with Disabilities Act and Americans with Disability Act Amendments Act : • Prohibits discrimination and harassment against employees and applicants based on physical or mental disability or a perception of disability. • Requires reasonable accommodations. • Prohibits certain requests for medical information.

7. State and Municipal Laws • ICRA: Iowa Civil Rights Act applies to employers with 4 or more employees • Certain City Ordinances Provide similar coverage to Title VII, ADEA, ADA, plus prohibit discrimination and harassment based on sexual orientation and gender identity.

8. OTHER STATUTES

9. 1. USERRA Uniformed Services Employment and Reemployment Rights Act – provides military service leave; prohibits discrimination against service members; and provides job protection after return from service.

10. 2. FMLA: Family and Medical Leave Act • Applies to employers with >50 employees in a 75 mile radius and governmental employers regardless of size • Applies to employees who have worked 1250 hours in the past 12 months

11. FMLA (continued) • Provides leave of up to 12 weeks in connection with: • The employee’s serious medical condition; • The employee’s need to care for a child, spouse or parent with a serious medical condition; or • Birth or adoption of a child. (both maternity and paternity) • Provides leave for family members of members of the military for care-giving and taking care of “exigencies.”

12. 3. Medical/Maternity leave for smaller employers • Iowa law requires a minimum of 8 weeks for disability related to pregnancy/childbirth • Medical leave is up to the company’s policy

13. 4. NLRA: National Labor Relations Act Applies to non-union as well as union employers. • Cannot prohibit employees from communicating about compensation, working conditions (social media issues). • Must allow employees to have someone with them (if they ask) for disciplinary discussions

14. 5. FLSA: Fair Labor Standards Act • Regulates minimum wages and maximum hours. • Requires payment for overtime (more than 40 hours per week) at the rate of 1 ½ times regular wages for employees (non-exempt) other than those in professional, supervisory, administrative and certain sales and computer related (exempt) positions. • Comp time is allowed for governmental entities.

15. 6. Workers’ Compensation • Employee claims for medical and lost wage benefits caused by injuries at the workplace. 7. Unemployment Compensation • Employee claims for benefits after termination of employment. • Can be drawn during lay offs.

16. 8. Wage Payment Collection Act (Iowa Code Chapter 91A) • Addresses payment of wages, commissions, and benefits for current and terminated employees. • Restricts reductions from wages. Must have written authorization from employees for allowed types of deductions.

17. 9. COBRA and Iowa Code § 509B • Requires continuation of health insurance.

18. 10. OSHA/IOSHA • Provides standard for workplace safety. • Prohibits retaliation against employees who report violations.

19. 11. Drug and Alcohol Testing • Iowa Code § 730.5 can be required only if the company has a policy that conforms to Iowa law and in conformance with the policy. • DOT rules for CDL drivers; 49 CFR Part 40 http://www.fmcsa.dot.gov/regulations/drug-alcohol-testing/overview-drug-and-alcohol-rules

20. 12. Personnel Files – Iowa Code 91B • Requires employers to provides employees access to personnel files.

21. 13. Uniform Trade Secrets Act • Prohibits employees from misappropriating employer’s proprietary information. • Employer must take reasonable steps to maintain confidentiality.

22. 14. ERISA: Employee Retirement Income Security Act • Protects employees’ rights to pension and other employee benefits.

23. 15. Affordable Care Act (“AFA,” “Obamacare”) • Contains benefits and responsibilities for employers depending on the size and structure of the employer’s workforce. • Restricts certain types of employer payments to employees for health/health insurance • 16. Homeland Security Act • Form I-9 and mandatory identification.

24. COMMON LAW CLAIMS

25. Tort Claims • Wrongful Termination • “At will” employment is the rule in Iowa. • Exceptions: public policy violation and whistle blowing.

26. Tort Claims (continued) • Defamation • Making derogatory statements about an employee or former employee, particularly (but not limited to) statements relating to the employee’s honesty or integrity.

27. Tort Claims (continued) • Invasion of Privacy • Workplace searches • Attempts to regulate off duty conduct • Social media!

28. Contract Claims • Written Employment Contracts; CBA’s • Handbooks – are generally not construed to be contracts. • Oral Promises.