2015 Nuts & Bolts Seminar Johnston (Central Iowa)
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1 2015 Nuts & Bolts Seminar Johnston (Central Iowa) Employment Law :45 a.m.-11:30 a.m. Presented by Melissa Schilling Dickinson, Mackaman, Tyler & Hagen, P.C. 699 Walnut St., Ste Des Moines, IA Phone: MONDAY, OCTOBER 5, 5, 2015
2 Melissa A. Schilling Dickinson, Mackaman, Tyler & Hagen, P.C. 699 Walnut St., Ste Des Moines, IA (515)
3 Dickinson, Mackaman, Tyler & Hagen, P.C.
4 Important Websites: / Dickinson, Mackaman, Tyler & Hagen, P.C.
5 Dickinson, Mackaman, Tyler & Hagen, P.C.
6 Dickinson, Mackaman, Tyler & Hagen, P.C.
7 Employment Agreements; Handbooks / Employment Policies; Collective Bargaining Agreements. Dickinson, Mackaman, Tyler & Hagen, P.C.
8 What Not to Do! c00 Dickinson, Mackaman, Tyler & Hagen, P.C.
9 To make an employment decision based on a protected class status Dickinson, Mackaman, Tyler & Hagen, P.C.
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14 Severe or pervasive conduct because of, that is unwelcome, and that affects employment, unreasonably interferes with work performance, or creates a hostile work environment.
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16 Quid Pro Quo (i.e., this for that) Rewards for Sexual Favors Punishments for Refusing to give Sexual Favors Hostile Work Environment Severe or pervasive conduct, based on sex, that affects employment, interferes with work performance, or creates an intimidating offensive, or hostile working environment.
17 Negative action taken because of protected activity that would dissuade the protected activity
18 Opposition: Opposing discrimination or harassment Refusing to engage in discrimination or harassment Making a charge of discrimination or harassment Participation: Participating in a discrimination or harassment investigation Exercising legal rights (EX: requesting reasonable accommodation for a disability or religious conflict) Association: Being closely associated with someone who did any of the above
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20 Prohibits employment discrimination and harassment based upon race, color, national origin, gender, or religion. Applies to all employers with 15 or more employees. Enforced by the Equal Employment Opportunity Commission. Dickinson, Mackaman, Tyler & Hagen, P.C.
21 Prohibits employment discrimination and harassment based upon age (18 years or older), race, creed, color, sex, national origin, religion, disability, sexual orientation, and gender identity. Applies to employers who regularly employ at least four (4) persons. Enforced by the Iowa Civil Rights Commission Dickinson, Mackaman, Tyler & Hagen, P.C.
22 Exhaustion of Administrative Remedies Must file a discrimination charge with EEOC or ICRC Investigation and/or Right to Sue Letter Deadline for filing lawsuit Dickinson, Mackaman, Tyler & Hagen, P.C.
23 Damages Injunctive Relief Dickinson, Mackaman, Tyler & Hagen, P.C.
24 Prohibits discrimination on the basis of age (40 years or older); Applies to employers with 20 or more employees; Exception for Bona Fide Occupational Qualifications; Enforced by EEOC Dickinson, Mackaman, Tyler & Hagen, P.C.
25 Prohibits discrimination against a qualified individual with a disability; Requires employers to make a reasonable accommodation for a qualified individual with a disability. Dickinson, Mackaman, Tyler & Hagen, P.C.
26 Qualified Individual with a Disability? Reasonable Accommodations? Limitations? Dickinson, Mackaman, Tyler & Hagen, P.C.
27 Dickinson, Mackaman, Tyler & Hagen, P.C.
28 Dickinson, Mackaman, Tyler & Hagen, P.C.
29 Enforced by the Department of Labor; Federal Minimum Wage; Mandatory Overtime; Dickinson, Mackaman, Tyler & Hagen, P.C.
30 What Employers are Covered? What Employees are Covered? Dickinson, Mackaman, Tyler & Hagen, P.C.
31 White Collar Exemptions: Executive; Administrative; Professionals; Computer; Outside Sales; Dickinson, Mackaman, Tyler & Hagen, P.C.
32 White Collar Exemption Requirements: Salary Basis; Salary Level; Duties Dickinson, Mackaman, Tyler & Hagen, P.C.
33 Highly Compensated Employees Exemption Dickinson, Mackaman, Tyler & Hagen, P.C.
34 Penalties Statute of Limitations Dickinson, Mackaman, Tyler & Hagen, P.C.
35 Iowa Minimum Wage Law; Iowa Wage Payment Law Dickinson, Mackaman, Tyler & Hagen, P.C.
36 Veterans Day Leave; Jury Duty Leave; Military Leave; Nursing Mothers; Family Medical Leave Act; Dickinson, Mackaman, Tyler & Hagen, P.C.
37 Dickinson, Mackaman, Tyler & Hagen, P.C.
38 FMLA applies to all: Public agencies; and Private sector employers who employ 50 or more employees for at least 20 work weeks in the current or preceding calendar year.
39 To be eligible for FMLA, an employee must work for a covered employer and Worked for employer for at least 12 months; Worked at least 1250 hours during the 12 months prior to the start of FMLA leave; and Work at a location where the employer has at least 50 employees within 75 miles.
40 1. Birth of Child, Adoption or Care of a Newborn; 2. Family Member with a Serious Health Condition; 3. Employee s Own Serious Health Condition; 4. Qualifying Exigency (Military); 5. Military Caregiver FMLA
41 Obligations of Employers; Penalties for Violations Dickinson, Mackaman, Tyler & Hagen, P.C.
42 HIPPA OSHA IOSHA Federal WARN Act Iowa WARN Act NLRA Iowa s Public Employment Relations Act No-smoking laws Workers Compensation Immigration Reform & Control Act Health Care Reform Act of 2010 COBRA Iowa s Continuation Coverage Law ERISA Iowa s Drug & Alcohol Law GINA Polygraph Testing Laws Dickinson, Mackaman, Tyler & Hagen, P.C.
43 Melissa A. Schilling Dickinson, Mackaman, Tyler & Hagen, P.C. Des Moines, Iowa
An Overview of Discrimination and Harassment Under Federal Law
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