Transcript ABC`s of Employment Law - Iowa Association of County Extension

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
[email protected]
STATUTES
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
1. Title VII
a. Prohibits discrimination and harassment based on
race, color, religion, national origin, gender,
pregnancy;
b. Prohibits sexual harassment by supervisors and
co-employees.
1. Quid Pro Quo
2. Hostile work environment;
Federal Laws (continued)
1. Title VII
c. Prohibits retaliation;
d. Affirmative defenses under some
circumstances when employer has an
antidiscrimination policy, grievance
procedure and follows it.
Federal Laws (Cont.)
2. ADEA: Age Discrimination in Employment Act –
prohibits discrimination and harassment against
employees or applicants over age 40 and retaliation.
Federal Laws (Cont.)
3. 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.
State and Municipal Laws
1. ICRA: Iowa Civil Rights Act applies to employers
with 4 or more employees
2. Certain City Ordinances
Provide similar coverage to Title VII, ADEA, ADA,
plus prohibit discrimination and harassment based on
sexual orientation and gender identity.
OTHER STATUTES
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.
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
FMLA (continued)
 Provides leave of up to 12 weeks in
connection with:
1. The employee’s serious medical condition;
2. The employee’s need to care for a child, spouse or
parent with a serious medical condition; or
3. 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.”
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
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
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.
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.
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.
9. COBRA and Iowa Code § 509B
 Requires continuation of health
insurance.
10. OSHA/IOSHA
 Provides standard for workplace
safety.
 Prohibits retaliation against
employees who report violations.
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-andalcohol-rules
12. Personnel Files – Iowa Code 91B
 Requires employers to provides employees
access to personnel files.
13. Uniform Trade Secrets Act
 Prohibits employees from
misappropriating employer’s
proprietary information.
 Employer must take reasonable steps
to maintain confidentiality.
14. ERISA: Employee Retirement Income
Security Act
 Protects employees’ rights to pension and
other employee benefits.
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.
COMMON LAW CLAIMS
Tort Claims
1. Wrongful Termination
 “At will” employment is the rule in Iowa.
 Exceptions: public policy violation and
whistle blowing.
Tort Claims (continued)
2. Defamation
 Making derogatory statements about an
employee or former employee, particularly
(but not limited to) statements relating to
the employee’s honesty or integrity.
Tort Claims (continued)
3. Invasion of Privacy
 Workplace searches
 Attempts to regulate off duty conduct
 Social media!
Contract Claims
1. Written Employment Contracts; CBA’s
2. Handbooks – are generally not construed to be
contracts.
3. Oral Promises.