Present by Richard L. Stokes, PHR, SHRM-CP, IPMA-SCP Municipal HR Consultant, UT-MTAS TPMA Executive Director
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1 Employment Laws Impacted by Natural Disasters Present by Richard L. Stokes, PHR, SHRM-CP, IPMA-SCP Municipal HR Consultant, UT-MTAS TPMA Executive Director
2 Objectives Review the employment laws impacted by natural disasters.
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10 Federal Employment Laws Age Discrimination in Employment Act (1967) Americans with Disabilities Act (1990) ADA Amendments Act (2008) American Recovery and Reinvestment Act (2009) (COBRA amendments) Bankruptcy Act (1978) Civil Rights Act of 1866 Civil Rights Act of 1871 Civil Rights Act of 1964, Title VII Civil Rights Act of 1991 Consolidated Omnibus Budget Reconciliation Act (1985) Consumer Credit Protection Act (1968) Consumer Credit Reporting Reform Act (1996) Drug-Free Workplace Act (1988) Employee Polygraph Protection Act (1988) Employee Retirement Income Security Act (1974) Equal Pay Act (1963) Executive Order No (1965) Executive Order No (2014) Executive Order No (2014) Fair and Accurate Credit Transactions Act (2003) Fair Credit Reporting Act (1970) Fair Labor Standards Act (1938) Fair Pay Act (Lilly Ledbetter Fair Pay Act) (2009) Family and Medical Leave Act (1993) Genetic Information Nondiscrimination Act (2008) Health Insurance Portability and Accountability Act (1996) Illegal Immigration and Immigrant Responsibility Act (1996) Immigration Reform and Control Act (1986) Jobs for Veterans Act (2002) Labor Management Relations Act (1947) National Defense Authorization Act (2008) (FMLA amendments) National Labor Relations Act (1935) Occupational Safety and Health Act (1970) Older Workers Benefit Protection Act (1990) Omnibus Crime Control and Safe Streets Act (Wiretap Act) (1968) Patient Protection and Affordable Care Act (2010) Portal to Portal Pay Act (1947) Protection of Jurors Employment (1978) Rehabilitation Act (1973) Sarbanes-Oxley Act (2002) Uniformed Services Employment and Reemployment Rights Act (1994) Vietnam Era Veterans Readjustment Assistance Act (1974) Worker Adjustment and Retraining Notification Act (1988)
11 Employment Laws Fair Labor Standards Act (FLSA) Worker Adjustment and Retraining Notification Act (WARN) Family and Medical Leave Act (FMLA) Americans With Disabilities Act (ADA) Occupational Health and Safety Act (OSHA) Worker s Compensation Uniform Services Employment and Reemployment Rights Act (USERRA) ERISA and COBRA Other Issues Leave Banks Unemployment Federal Relief
12 FLSA: Round and Round We Go! May 18, 2016 November 22, 2016 December 1, 2016 June 30, 2017 July 26, 2017 August 31, 2017 September 25, 2017 October 30, 2017
13 What s Next? DOL Recommendation AFL-CIO Opinion Letters Self Audits
14 Fair Labor Standards Act Exempt Employees Non-exempt Employees General Rule Exception Inclement Weather Delays and Traffic Telework or Working from Home On-call and Waiting Time Volunteer Time for City repairs Lost time records (create them)
15 Family and Medical Leave Act Serious health condition Care for Child, Spouse or Parent with serious health condition
16 Uniform Services Employment and Reemployment Rights Act National Guard or Reserve unit No real time limit for notice Notice may be written or oral Continuation of benefits Right to reemployment
17 ERISA and COBRA ERISA Life Health Disability COBRA Continuation Coverage
18 Americans with Disabilities Act Physical and emotional injuries Reasonable accommodations
19 Occupational Safety and Health Act Protect employees from unreasonable dangers Disasters present obvious safety concerns File a complaint Fact Sheets available
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21 Worker Adjustment and Retraining Notification Act Imposes notice requirement 100+ employees Plant closing/mass layoffs Exception Natural Disaster
22 Other Issues Leave Banks Unemployment Federal Relief
23 Other Issues - Leave Banks
24 Other Issues - Unemployment Laid off employees Misconduct
25 Other Issues Federal Relief
26 Resources OSHA - OSHA - OSHA - OSHA - CDC EPA - DOL - Combined Agencies -
27 Objectives Review the employment laws impacted by natural disasters.
28 Employment Laws Impacted by Natural Disasters Present by Richard L. Stokes, PHR, SHRM-CP, IPMA-SCP Municipal HR Consultant, UT-MTAS TPMA Executive Director
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