Laws for Supervisors Presented by Dr. Karen Pence, SPHR-CA www.trainmetoday.com1 What Every...

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Transcript of Laws for Supervisors Presented by Dr. Karen Pence, SPHR-CA www.trainmetoday.com1 What Every...

  • Laws for SupervisorsPresented byDr. Karen Pence,*What Every Supervisor Needs to Know to Stay Out of Trouble Supervisor Boot Camp

  • What You Will LearnPreventing unlawful discrimination Understanding wage and hour lawsPreventing sexual harassmentDocumenting performanceBest hiring practicesAvoiding retaliationPreventing discharge from leading to lawsuitUnderstanding federal and state leave lawsUnderstanding employee privacy rightsUnderstanding WC and reasonable accommodation

  • Fair Employment and Housing Act (FEHA)Protects employees from discrimination, retaliation and harassment in employment.

  • FEHAEmployers are obligated to provide reasonable accommodation to a disabled employee if doing so does not create an undue hardship on the employerEmployer is not required to remove an essential function of a job, but may be required to remove a non-essential function to enable employee to perform the jobs essential functions

  • What is unlawful harassment?Conduct is harassment if it.. is based on a legally protected statuscreates an intimidating or hostile work environmentunreasonably interferes with the individuals workadversely impacts the individuals employment opportunities.

  • Sexual Harassment isWhen a person is treated unfairly or badly because of their sex or gender.Based on sex that is severe or pervasive, offensive and unwelcome conduct that affects the terms and conditions of the victims employment, whether by words, actions, gestures, or physical displays.Any unwelcome sexual advance or conduct on the job that creates an intimidating, hostile or offensive working environment.Offering employment benefits in exchange for sexual favorsActual or threatened retaliationMaking or using derogatory comments, epithets, slurs, jokes or jokes

  • Race Color Creed Religion SexGender identity PregnancyChild birth National origin AncestryAgeMarital/domestic partner statusPhysical disabilityMental disabilityHIV & AidsMedical condition (cancer and genetic characteristics))Vietnam era veteran statusSexual orientation Transgender statusThe employee's opposition to any violations of law, association with others protected by law, or any other consideration made unlawful by federal, state or local laws.Denial of Family Leave (PFL)

    Copyright 2010 HR Coach LLC All Rights Reserved*

    Copyright 2010 HR Coach LLC All Rights Reserved

  • California Government Code Section 12950.1AB1825Employers with 50+ employees must train supervisors : - every 2 years - interactive - 2 or more hours - New supervisors 6 months


  • Department of Labor Standards Enforcement (DLSE)DLSE adjudicates wage claims, investigates discrimination and public work complaints, and enforces Labor Code statutes and Industrial Welfare Commission orders.

    (Adjudicates = judges)

  • Wage OrdersDetermine wages paid to all employees Determine hours and conditions of labor and employment in various occupationsInvestigate the health, safety, and welfare of California employeesMust be posted in workplace

  • California Wage Orders17 wage orders govern wages, hours and working conditionsIndustry order: specific industries covered under these ordersOccupational order: apply when a business is not covered by an industry orderMisclassification of employees results in violation of wage and hour law SHRM1-*


  • OvertimePay for work performed for more than a certain number of hours in workday and workweekCannot be waived by employee and must be paid authorized or notCompany defines workweek and workdayLabor commissioner: workweek=Sunday through Saturday and workday= 12:01am to midnight

  • Overtime must be paidAny hours over 8 hours in a workdayFirst 8 hours worked for any reason on the 7th consecutive workday in a given workweekAny hours worked over 40 straight-time hours in a workweekDouble time: any hours worked over 12 in a day or any hours worked over 8 on 7th consecutive workday in a weekNon-worked hours are not counted for OT

  • OvertimeIt is important for the employer to define the work day and work week in order to calculate overtime Do not treat exempt employees like non-exempt employees or risk losing exemptions

  • Overtime PenaltiesWalmart Corp. fined for OT infractions Ordered to pay $3.9 mil in OT, waiting time penalties, and interest50,000 former and current employeesUpside: infractions found by Walmart internal audit and the company notified CA DOL

  • Exempt vs. NonexemptNonexempt employees do not meet the exception from overtime payMust be paid overtimeSubject to meal and rest period requirementsExempt employees do not earn overtime pay

  • IRS Test for Independent Contractors1.Instructions11.Reports2.Training12.Payment3.Integration13.Expenses4.Personal Services14.Tools5.Assistants15.Investment6.Length of Relationship16.Profit7.Work Hours17.Multiple jobs8.Amount of Work18.Availability9.Location19.Termination10.Sequence of Work20.Liability

  • Rest and Meal PeriodsAll non-exempt entitled10 minutes of rest for every 4 hours workedNot required if total hours worked are 3 or lessPaid time workedPenalty for failing to provide rest periods: 1 hour of pay at employees rate of pay for each workday rest period is not provided

  • Rest and Meal PeriodsAll non-exempt entitledNo less than 30 minutes for any work up to 5 hours6 and out requires no meal break by mutual consenton duty meal breaks are counted as time workedEmployers cannot require employees to remain on premises during meal periods

  • Reporting Time PayEach work day an employee is required to report to work but is not put to work, the employee must be paid for half the scheduled days work (but not less than 2 hours nor more than 4 hours) NOTE: an employee is scheduled to work 8 hours, only works 1 hour-employer pays 4 hours (one hour worked + 3 hours reporting pay)

  • Reporting Time PayIf an employee reports to work a second time on a scheduled work day and works less then 2 hours, employee must be paid 2 hours at regular rateExceptions: threats to employers property, failure of public utilities, acts of God, employees request to leave for personal reasons, employee reports to work unfit for duty

  • Off the Clock WorkIt is the employers duty to exercise its control and ensure that work is not being performed if the employer does not want to pay for the work being doneSimply put, employers cannot sit back and accept work without compensating employees for their work

  • Off the Clock WorkWhat is not a defense to off the clock workArguing that employees acted voluntarilyArguing that employees agreed not to seek proper compensation

  • Off the Clock WorkImplement and enforce a policy prohibiting off the clock workCaused by misconceptions about what constitutes compensable working time;Improper recordkeeping practices;Supervisory misconduct;Payroll cost pressures

  • Off the Clock WorkMust be compensated forUnauthorized overtimeWork before clock in and after clock outWork done off siteChanging into uniform/safety equipment before/after shift begins/endsWork done while on meal and/or rest periods

  • Best PracticesAdopt and enforce a well-publicized policyEliminate no overtime policyEstablish reporting procedures when employees are asked to work off the clockTrain managers and employeesRequire employees to certify timesheets for time worked, meal and rest periods, and any inaccuracies

  • Payment of Final WagesTermed or laid off:All wages including accrued vacation paid immediatelyQuit w/o 72 hours notice:All wages including accrued vacation paid within 72 hours of quitting (count weekends and holidays when calculating)Employee may request final wages be mailedAll wages (unless mailed) paid at place of termination and by direct deposit (if pre-authorized)

  • Payment of Final wagesIf an employer willfully fails to pay employee, the employee may be entitled to receive waiting time penalties of a days pay for every day the employee has to wait for payment of wages, up to a maximum of 30 days pay

  • How to Hire without DiscriminatingUse Consistent Practicesi.e., personnel requisition, employment application, etc.

    Job DescriptionsClear communication and directionAvoid EEO issues later

    Uniform Guidelines on Employee Selection Procedures

  • Recruiting Sources & Methods

    Employee ReferralAdvertisingAgenciesAssociationsNetworkingSchoolsWord of mouth

  • Risks of Recruiting from Competitors

    Existing Employment AgreementsInterferences with prospective economic advantageCovenants not to competeAnti-solicitation provisionsUse of confidential informationUse of trade secrets

  • A warm body that becomes a morale problem and future plaintiff is NOT better than NO body at all.Hiring

  • Negligent HiringIf an employee is injured as a result of conduct by another employee, the employer may be liable if it knew or had reason to know that the employee was unfit for the job or if the employer failed to use reasonable care to discover whether the employee was fit for the job.

  • Best Practices Hiring ProceduresEnsure that recruitment practices do not discriminate Dont award or penalize for membership in a protected classUse standardized selection criteriaJOB DESCRIPTIONSINTERVIEW PROCESSESSelect candidates based on merit

  • Best Practices Hiring ProceduresBackground and refe