Stop Sinking & Swim:10 HR & Employment Law Strategies to Survive 2009

Karen Michael, Esq.Kmichael@KarenMichaelConsulting.comwww.KarenMichaelConsulting.com

RHRMA MeetingApril, 2009

A New Era

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In 2009 …. So far….

ADAAA FMLA Lilly Ledbetter Fair

Pay Act COBRA changes Employee Free

Choice Act (re-introduced)

Genetic Information Non-Disclosure Act (GINA)

New Investigators to be added to: Wage & Hour

Division (confirmed 150 net new)

OFCCP EEOC

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#1Back To The

Basics

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Foundation for Success

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#2What’s In A Job …(Description that

is)?

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Job Descriptions - What are you paying the

person to do?

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#3What’s in Your

Handbook?

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Give a Second Look to: Attendance & Punctuality FMLA ADA & Religion (Reasonable Accommodations) Substance Use & Abuse Sick Leave (to include fit for duty) Performance Management “Light Duty” policy (if any) Wage & Hour policies Workplace Conduct

(harassment/discrimination) to include no retaliation & complaint procedures

Union-Free Workplace (depends on sentiment) No Solicitation Policy

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#4Hire Right

(because once they’re there….good luck!)

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Hiring Right – Begin at the Beginning

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#5Medical Matters

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Tips to Survive the New Leave Laws

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#6Pay Matters

(If you have to pick one …. Pick this one!)

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Case Study – Get Out Those Calculators!You have 10 employees who are computer

technicians that are all classified as exempt. They each earn $50,000 a year. You fired one of them, who went to a lawyer and figured out that he, and his 9 friends, should have been classified as non-exempt. The 10 claim that they worked 43 hours per week for the past 5 years. Assume that the court determines this is a willful violation. How much will this cost you?

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Rough Analysis $50,000 a year / 2080 = $24.04 (reg. rate of

pay) 24.04 x 1.5 = $36.06 (overtime rate of pay) $36.06 x 3 hours a week x 52 weeks = $5,625 $5,625 x 3 years (willful) = $16,876 in back

pay $16,876 x 2 (liquidated damages) = $33,752 $33,752 x 10 employees = $337,521 (total) Add about $100,000 for plaintiff’s attorney Add about $100,000 for your attorney All In about $537,000

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Pay Matters to Consider

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#7A Seat at the Table…

For the Computer Guy/Gal

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“E-Discovery” & Metadata Dilemma

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#8Say Goodbye

…..Early & Often

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Saying Goodbye Is Hard to Do (legally)

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#9The Union You

Deserve???

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#10Focus on You!

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KARENMICHAEL, PLCEmployment Law, Training and Consulting 2711 Buford Road, #210Richmond, Virginia 23235804.423.2542 (office)804.814.6003 (mobile)877.704.4508 (fax)Email: Kmichael@KarenMichaelConsulting.com

www.KarenMichaelConsulting.com

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