Transcript Slide 1

ICE 2012
Management Practices for County Officials
Carl Ericson
ICRMP Risk Management Legal Counsel
Jim McNall
ICRMP Risk Management Specialist
Liability Issues
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Torts and immunities
Federal claims
Types of claims
Insurance coverage
WHAT IS A
CLAIM?
TWO BASIC
TYPES OF CLAIMS
ICRMP POLICY
PROVIDES COVERAGE FOR
LOSSES
IN TWO AREAS:
1st Party—Property
3RD Party—Auto Liability, General Liability,
Errors/Omissions, Chemical Spray, may
be either state or federal.
FIRST-PARTY PROPERTY LOSSES:
– Property Belonging to the Insured:
(must be listed on your policy by your agent.)
–Autos—motorized, licensed & for
use on roadways.
–Buildings.
–Mobile Equipment (road graders,
snow mobiles, trailers, etc.)—not
licensed for use on roadways.
• Other Covered Property Losses:
– Crime
• Embezzlement
• Complies w/all statutory Bonding
Requirements
– Boiler & Machinery
THIRD-PARTY LOSSES:
•
GENERAL LIABILITY CLAIMS:
– Property Damage to others
– Personal Injury to others
– Police Liability
– No-Fault Medical Payments
• AUTO LIABILITY
• ERRORS & OMISSIONS
– Wrongful Act
• CHEMICAL SPRAYING
Idaho Tort Claims Act
Idaho Code §§ 6-901 et seq.
• Adopted in 1971 in response to Smith v. State
and the abolition of sovereign immunity.
• Applies only to TORT actions.
• Does NOT apply to
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Contract actions
Statutorily created claims.
Equitable actions.
Federal claims.
4 Topics of the Act
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When is the government liable?
Exceptions to liability.
Procedural guidelines.
Insurance.
TORT CLAIMS
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Must be in writing!
Must be served on Clerk or Secretary of
Governing Board (mailed or hand
delivered)
Filing of a Complaint is NOT notice.
WHAT DOES A CLAIM LOOK LIKE?
1. Hand or typewritten claim tort claim;
2. Lawsuit (complaint & summons);
3. Idaho Human Rights Commission
Complaint;
4. EEOC Complaint;
5. If in doubt, send it to us!
TIME LINES
180 Days—
90 Days—
2 Years—
Tort Claim filing or be
forever barred.
If it doesn’t respond
within 90 days to approve
or deny, claim is deemed
DENIED.
Statute of limitations to
file complaints in most
actions.
• Governmental Entity is Liable for the
Acts of Its Employees, as long as:
– Acting within the course and scope of their
employment. I.C. § 6-903(a).
– Entity has a duty to defend and indemnify.
• If employee acted with malice or
criminal intent, governmental entity may
not be liable.
Federal Liability
• Primarily Civil rights issues
– Employment
– Discrimination
– Due process for takings
– Can be Federal environmental laws
– Law enforcement claims such as excessive
force
IMPORTANT!!!!!!
Notify ICRMP as soon as the incident is
reported to you or as soon as you become
aware of it.
If you receive a LAWSUIT, please fax it to
the Claims Manager IMMEDIATELY.
We only have 20 days from service to
respond.
ICRMP Policy
•
Any elected or appointed official
serving as a volunteer or employee of
the named insured, as well as any
volunteer or employee of the named
insured while acting within the scope of
their duties as such. This does not
include any appointed or elected official
or employee who is serving the named
insured as an independent contractor.
ICRMP Policy
• G/L or E/O $500,000 for tort claims
• $3,000,000 (or more) for non torts/federal
claims
• No deductible for liability claims
Personal Liability - the “Good”
• As a public official in Idaho the it is very
unlikely that you will ever be personally
liable for your actions on behalf of the
County as long as your actions are;
Within “course and scope”.
And not intentional or malicious.
The Bad – Other Consequences
• Not everything is financial you may be:
– Disciplined, fired, embarrassed, fined, sent to
jail, make the headlines – not in a good way.
• Burden is shifted to supervisors/managers
to make sure that employees act
appropriately.
• No such thing as “I’ll be responsible”.
Liability for Employment
Decisions
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Negligent Appointment
Negligent Retention
Negligent Assignment
Negligent Entrustment
Failure to Train
Failure to Direct
Failure to Supervise
What You Can Do!
• Have and follow policy
– Personnel policy
– Operations policies
• Hire the best employees
– Take the time to evaluate/don’t hire problems
• Train them
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Expectations and process (formal and OTJ)
Dealing with the public
Dealing with co-workers (incl. harassment)
Train on when and how to get help
What You Can Do! (cont)
• Provide good supervision
– Most liability could be avoided by first line
supervisors.
– Make sure supervisors are trained and
managed.
• Get rid of those who persist in misconduct/
cannot or will not perform.
– Don’t believe the myth that you cannot
• (do so carefully)
County Paid Claims
Over 5 yr. period
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Driving related
Police Liability (incl. jails)
E&O
Property (Bldgs. and Cont.)
General Liability
Boiler & Machinery
Crime
Weed
$5,283,287
$3,741,532
$3,125,190
$3,008,988
$1,074,121
$192,095
$156,279
$35,600
Public Policy Training
Open Meetings, Records
&Roles and Responsibilities
Understanding Roles &
Responsibilities
• Separation of Powers.
– Legislative Branch: The BOCC is the
legislative body of the county.
• Passes local laws (ordinances) that must not
conflict with state or federal law or
Constitutional provisions.
• Approves annual budget & property tax levy.
• Approves payment of bills.
• Receives reports & examines fiscal accounts.
Effective Personnel
Management
• Role of the Board
– Adopt a personnel policy and keep updated.
– Adopt other policies such as:
• Use of County vehicles.
• Purchasing – who, when, how much.
• Computer usage to include internet and e-mail.
– Adopt the budget to include salary/wage rates for all
county positions.
– Share concerns regarding employee performance or
behavior with other elected officials.
Understanding Roles &
Responsibilities
• Authority of Individual Commissioners.
– The board sets policy for the county and
exercises its authority as a single body,
operating in public meetings preceded by
notice.
– An individual commissioner has no authority
to supervise, discipline or fire county
employees.
Meeting Purpose
• To conduct the county’s business
• Issues may be either:
– Executive
– Legislative
– Quasi-judicial
• “Spectator sport”
• Gather needed (and wanted) input
Meeting Roles - Staff
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Prepare and disseminate information
Take minutes
Record???
Answer questions
May provide regular reports on your area
Other (see last line in JD)
Meeting Rules
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EACH SPEAKER DURING THE PUBLIC COMMENT PERIOD WILL
BE LIMITED TO 5 MINUTES
•
THE BOARD MAY NOT HEAR OR TAKE TESTIMONY REGARDING
ANY PLANNING & ZONING MATTER THAT IS BEFORE THE
COUNTY OR IS KNOWN TO BE A LIKELY APPLICATION
•
ISSUES REGARDING THE PERFORMANCE OF EMPLOYEES
CONSTITUTE MATTERS THAT MUST BE DISCUSSED ONLY IN
EXECUTIVE SESSION AND ARE NOT APPROPRIATE IN THE
PUBLIC PORTION OF THE MEETING
•
MATTERS THAT HAVE BEEN PREVIOUSLY HEARD AND
DECIDED BY THE BOARD MAY BE DETERMINED TO BE NOT
APPROPRIATE FOR THE PUBLIC COMMENT PERIOD
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CITIZENS MAY USE THIS TIME TO REQUEST THAT ITEMS BE
PLACED ON FUTURE AGENDAS FOR FURTHER DISCUSSION
The POLICY:
• Formulation of Public
Policy is Public
Business and Shall Not
Be Conducted in Secret
{Idaho Code § 67-2340}
The RULES:
• All meetings of a
Government Body shall
be open to the Public
(unless exception allows)
• No decisions shall be
made by secret ballot
• No meeting shall be
made where
discrimination is practiced
on the basis of race,
creed, color, sex, age or
national origin. {Idaho
Code § 67-2342}
DELIBERATION:
The receipt or exchange
of information relating
to a decision. NOT talk
about the weather.
GOVERNING:
- Elected Board
- Appointed Board
- Advisory Group
- Committees
- Sub – Committees
Definitions:
MEETING:
Convening
of the
governing
board
- Study Groups
DECISION:
A public policy action.
Quorum – Don’t bet
on it!
Meeting Notices
• Regular Meetings:
Post notice 5 calendar days in advance
Publish annually (post continually)
Ordinance for counties (still post)
• Special /Emergency Meetings:
24-hour notice for special, non for emergeny
Include statutory authority for executive session-only
meeting
Requires good faith effort to notify governing board
members and media if requested
AGENDAS
An agenda is required for each meeting.
– Posted same as meeting notice
– Posted 48 hours (or 24 hours for “special”
meeting)
– Only “good faith” amendments
– Motion and vote required for amendments
made within 48 hours of, or during, the
meeting to include reason
Tele - Meetings
 Now specifically allowed - I.C. § 67-2345(5)
 One person must be present at site where
meeting is advertised
 System must be set up so that all
members can participate and the public
can hear
MINUTES
•
(1) All minutes shall be available to the
public within a reasonable time after the
meeting, and shall include at least the
following information:
•
(a) All members of the governing body
present;
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(b) All motions, resolutions, orders, or
ordinances and their disposition;
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(c) The results of all votes, and upon the
request of a member, the vote of each
member, by name.
MINUTES – EXECUTIVE
SESSION
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(2) Minutes pertaining to an executive
session shall include a reference to the
specific statutory subsection authorizing
the executive session and shall also
provide sufficient detail to identify the
purpose and topic of the executive session
but shall not contain information sufficient
to compromise the purpose of going into
executive session. (2009)
Sample Motion
For example:
I move that we go into executive session
pursuant to Idaho Code 67-2345(1)(a) to
consider hiring a public employee (officer,
staff member or individual agent).
Executive Session Rules
– May occur during regular or special
meetings.
– Require approval of two-thirds by roll call
vote & recorded in the minutes.
– Both the motion to go into executive
session and the minutes must state the
specific statutory authorization for the
executive session and the topic.
Executive Session
Most common uses:
I.C. §67-2345
• Personnel selection and evaluation (a) and (b)
• Acquire interest in real property (c)
• Consider records exempt from disclosure (d)
• Discuss litigation – with your attorney (f)
• Consider claims or potential claims – with your
risk manager or insurer (j)
Executive Session
Suggestions:
• Give time frame to attendees and
send message if that time changes.
• Remind all in executive session that
all matters are confidential.
Executive Session
Who can attend?
• All “Governing Board” members
• Anyone else that Governing Board
members wish to attend.
• May have witnesses come and go as
needed
Executive Session
No executive session may be held for
the purpose of taking any final action or
making any final decision.
But ……..
Violations
• Failure to comply with the provisions of
Idaho Code §§ 67-2340 through 67-2346
renders the action null and void.
• Any member who participates in a meeting
that violates these provisions will be subject
to a civil penalty.
 up to $50
 up to $500 for “knowingly” participating
 up to $500 if subsequent to previous violation
within last 12 months
Idaho Code § 67-2347
CURING VIOLATIONS
• Either self-recognition or written notice of an
alleged violation
• If a violation - determine within 14 days and
acknowledge the violation
• Then 14 days to void that action or actions
• A cure acts as a bar to the civil penalty
Public Hearings
Making Local
Government a
Participatory Sport
Types of Public Hearings
• Legislative hearings
Matters of general concern
Open-ended for comments
• Quasi-judicial hearings
Deals with specific rights of individual
Due process is required
Notice and opportunity to be heard
Legislative Hearing
• Subject must be rough-prepared at time
notice is published
• Record should be built from date of
publication
• Comment can be received anytime – even
after public hearing
• Open format for hearing
• “Closing” hearing doesn’t affect rights
Quasi-judicial Hearings
• Land use and licensing – primary topics
• Due process is imperative
• Comments should come during hearing –
no ex parte contact
• Create a record
• Explain effective participation methods
• Describe roles of participants
What is the difference?
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E-mail
Text
Tweet
Letter
Card
Facebook posting
Blog
Voice mail message
• In person
conversation
• Phone call
(unrecorded)
EVIDENCE!
and
May be a public record
Public Records
(13) "Public record" includes, but is
not limited to, any writing containing
information relating to the conduct or
administration of the public's business
------------- regardless of physical form
or characteristics.
Public Records
(15) "Writing" includes, but is not
limited to, handwriting,
typewriting, printing, photostating,
photographing and every means
of recording, including letters,
words, pictures, sounds or
symbols ----------
PERSONAL PERFORMANCE
AND BEHAVIOR
8. Will not release any public record other
than their own without the express
authority of the public official responsible
for custody of the record or without an
order from a court or public agency of
competent jurisdiction.
PUBLIC RECORDS & PRIVACY
Must Respond to Request for Record in
3 days (I.C. § 9-339)
Must grant or deny within 3 days of request for information.
1. If it will take longer than 3 days to respond - must notify
requester in writing.
2. Then have up to 10 days to provide records.
3. Fail to respond – deemed denied in 10 days.
4. Must notify of denial or partial denial in writing.
5. Denial must include agency attorney contact and provide
notice of right to appeal and appeal period.
PUBLIC RECORDS & PRIVACY
Records Exempt from
Bad Faith Denial of Record
Disclosure. {§ 9-340}
Agency has an Obligation
Separate Exempt and NonExempt Records. {§ 9-341}
Access to Record About
Person by Person. {§ 9-343}
Enforcement Rights to
Inspect Records.
{§ 9-343}
to
– Possible civil fine up to
$1000. {§ 9-345}
Immunity of any Public
Official for Actions based
upon good faith attempt to
comply - Consult with
Agency Attorney. {§ 9-346}
Prohibition against selling
or mailing telephone lists. {§
9348}
PUBLIC RECORDS & PRIVACY
§ 9-340. Records Exempt from
Disclosure Includes:
4 Records of appraisals of real property,
timber, or mineral rights for purchase, sale
or lease.
4 Estimates of costs for public projects
prior to award.
4 Law Enforcement investigatory records. {§
9.335}
4 Medical, psychiatric, or counseling
records.
4 Personnel records**.
PUBLIC RECORDS
Role of the Board
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Designate a custodian
Establish a fee schedule (>100pg or 2 hrs)
Provide access to the District’s Attorney
Recognize that records requests need to
comply with both State and Federal
requirements
• Response to records request is not a
board decision, should be staff and
attorney (AG?)
Information
• Open meetings
– http://www2.state.id.us/ag/manuals/openmeeting.pdf
• Public records
– http://www2.state.id.us/ag/manuals/publicrecords.pdf
• Ethics/Conflicts of Interest
– http://www2.state.id.us/ag/manuals/ethicsingovernme
nt.pdf
►Separate from Personnel Policy
►Provide direction to staff
►May differ for various
departments
►Approved by Governing Board
Exclusions from Competitive
Bidding
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Piggybacking
Purchases less than $25,000
Personal or professional services
Interest in real property
Procurement of insurance
Joint Powers participation
Public Works Procurement
• Licensed contractor required for work over
$10,000 (I.C. §54-1903)
• If suspect no licensed contractor interest
for small jobs (less than $50,000), use
alternative procedures.
• Advertise for expression of interest from
contractors, just as for bids.
• If no interest, can use unlicensed
contractors (I.C. §67-2805(1)
Public Works Procurement
(continued)
• Purchases of less than $25,000 - purchase in
the open market
• Purchases of $25,000-$100,000, employ semi
formal purchasing procedure
• Purchases in excess of $100,000, straight
competitive bid or pre-qualified competitive bid
Procurement of Services or
Personal Property
• Remember piggybacking
• Under $25,000, purchase in the open market
• $25K - $50K (note the upper limit difference) –
use semi-formal procurement process – same
procedures
• Above $50K – follow Category A procedures
used for public works procurement
Miscellaneous Provisions
• Joint purchasing programs authorized for all
political subdivisions-previously counties and
hospitals only
• Emergency and sole-source procurement
essentially unchanged
• Possible civil penalty for using unlicensed
contractor or bid avoidance - $5K
• Existing law criminal penalty – up to one (1) year
in jail/$5K fine
PUBLIC
EMPLOYMENT
Guidelines & Procedures
Have a policy
Know your policy
Follow your
policy
If you don’t like it - change it, don’t
ignore it !
Public Employers Should
• Establish rules and regulations which identify
employee's status.
• Follow their own rules and regulations.
• Always consult with counsel prior to taking any
employment action.
• Document employee-employer problems - when it
comes to litigation, if it is not documented, it generally
did not happen in the eyes of most juries.
• Always provide the employee with an opportunity to
know why employer is taking action and an opportunity
to provide his or her side of the story before taking
any personnel action.
• Establish and document a process to
follow for this hire
• Position is both authorized and
available
• Complete job analysis
• Update job description
• Establish minimum qualifications
• Desired qualifications
Hiring Procedures
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Advertising - Recruiting
Job Descriptions
Potential Problem Areas
Foreign Language Ability
Minimum Education
Arrest
Military History
VETERANS PREFERENCE
• [River District] will accord a preference to
employment of veterans of the U.S. Armed
Services in accord with provisions of Idaho
Code § 65-502 or its successor. In the
event of equal qualifications for an
available position, a veteran or family
member who qualifies for preference
pursuant to Idaho Code § 65-502 or its
successor will be employed.
MILITARY PREFERENCE ON
APPLICATIONS FOR EMPLOYMENT
• Are you a veteran or family member who
qualifies for and are claiming preference
pursuant to Idaho Code § 65-503 or its
successor?
• Have you previously claimed such
preference?
• Veteran must provide copy of DD-214.
• POLICY,POSTING, APPLICATION
Hiring Procedures
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Financial History
Personal Association and Affiliations
Tests
Private Matters
Work History
Appearance/Grooming
• Consider a two part process
– Short (10-15 minutes) with several
candidates
– Longer more complete with finalists
• Ask only work related questions
• May wish to include a “realistic” test
• Avoid asking about
– Family
– Religion
– Health issues
• Attitude is important
• Document why
• Let others know that you
have made a selection
– “We have selected the
candidate that was the best fit
for our organization.”
SUPERVISOR
• One who supervises
• Judged not on what they do but what they
get others to do (or not do)
• Represent the employer
• Need to (do) set an example
Documenting
• What we forgot to tell you!
– Don’t document what the
employee did as much as…
– Document what YOU did to correct
the employee’s behavior.
Harassment
Behavior targeting employees in
protected classes.
Steps to protect from liability:
Have a policy and follow it
Provide training for all employees
All allegations must be taken seriously
Retaliation
• Any action taken against an employee
for using available benefits or process
such as:
• Vacation, sick leave, or FMLA leave
• Work Comp benefits
• Filing complaints of harassment or
any other grievances allowed by law
or policy
• Filing a tort claim
• Filing a lawsuit
• Participating in political activity
• Anything else that irritates you other
then purely poor performance
INVESTIGATIONS
• Absolutely needed in
allegations of:
Illegal harassment
Discrimination
Criminal activity
• Recommended in
cases of:
Citizen complaint
“Anonymous” tips
INVESTIGATIONS
Prompt
Should be within a
few days
Thorough
Interview all with
information
Impartial
Not anyone in
command chain!!!
May need outside
investigator
Discipline Levels
(Commonly includes)
 Informal discussion
 Oral warning
 Written reprimand
 Final “written” warning
 Suspension w/out pay
 Demotion
 Termination
$$$
RELATED DISCIPLINE
Notice of proposed action (Paid
leave)
Detailed reasons for proposed action
Opportunity for hearing
Conduct hearing
Notice of decision
FEDERAL EMPLOYMENT
LAWS (not all)
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HIPAA
FLSA
FMLA
ADA
Civil Rights (harassment, discrimination)
Overview of FLSA
Minimum Wage
Child Labor
Overtime Provisions
Equal Pay Amendment - 1963
Original Act – 1938
State and Local Government – Applicability
……Amendments 1966, 1972, 1973
……Garcia Vs. San Antonio MTA Ap.1985
Enforcement – Courts or DOL
FLSA is not “the LAW”, but only establishes minimum
BASIC RULE:
Everyone is HOURLY except for
exceptions.
What Does That Mean?
1. If not exempt and the employee
works more than 40 hours a week, OT
pay is required.
2. If exempt, the employee is SALARY
and OT pay is NOT required.
IMPORTANT THINGS TO
REMEMBER:
1. Applies to PART-TIME employees
regardless of their perceived “status”.
– His job duties may make him an exempt
employee, but he only works part-time. His
“salary” is less than $455 per week. IS HE
STILL EXEMPT? NO!!!!!
2. Employees cannot waive their FLSA
rights.
– Why would the employee want to do this?
• Belittles the importance of their job.
• Perception of “having finally made it”.
• Demeaning.
– Problem: Even tho she agrees to it now,
she may not always feel that way.
SO, WHO DOES IT APPLY TO?
An employee is exempt IF:
• Paid more than $455 per week; and
• Fits into 1 of 6 categories:
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Executive;
Administrative;
Professional;
Computer Personnel;
Highly Compensated; or
Outside Salesman.
“EXECUTIVE” EMPLOYEES
The Employee MUST:
1. Be paid a salary of at least $455/week; AND
2. Primary duty is to manage the business or a
recognized department, division or subdivision;
AND
3. Customarily and regularly supervises and directs
the work of 2 or more full-time employees; AND
4. Has the authority to hire or fire other employees
or is able to make these recommendations and
that recommendation is given a “particular
weight”.--(new)
DEFINITIONS:
“Primary Duty” – the main, major or most
important job duty.
“Manage”– manages employees, projects,
and processes.
– Selecting employees; directing their work;
disciplining employees; determining budgets;
handling complaints; evaluations; etc.
“Particular Weight” – To determine, ask:
– Is it part of their job duties?
– Is their opinion frequently relied upon?
ADMINSTRATIVE EMPLOYEES
The Employee MUST:
1. Be paid a salary of at least $455/week; AND
2. Have duties that consist of office or non-manual
work “directly related to management” and not
part of the production process; AND
3. Exercise discretion and independent judgment
with respect to “matters of significance”.
PROFESSIONAL EMPLOYEES
Or
The “Learned” Professional
The Employee MUST:
1. Be paid a salary of at least $455/week;
AND
2. Have an advanced type of knowledge
gained by “prolonged” study; OR
3. Talent in a recognized field of artistic or
creative endeavor.
Penalties For Non-compliance
• SOL: 3 yrs for willful violations + atty fees +
costs.
• Willful violations = double damages (OT)
• If an entire class is misclassified, they all
have to be paid OT for the last 3 yrs.
MORE TIPS
• For non-exempt employees:
– Failure to keep time records is a violation of
the FLSA.
– Failure to keep track of time allows a
disgruntled ex-employee to make a wage
claim against you.
– Have a policy that no one can work OT
without written permission from supervisor.
FLSA RECORDS
1. Employee's full name and social security
number.
2. Address, including zip code.
3. Birth date, if younger than 19.
4. Sex and occupation.
5. Time and day of week when employee's
workweek begins.
6. Hours worked each day.
7. Total hours worked each workweek.
8. Basis on which employee's wages are paid
(e.g., "$9 per hour", "$440 a week",
"piecework")
9.
Regular hourly pay rate.
10. Total daily or weekly straight-time earnings.
11. Total overtime earnings for the workweek.
12. All additions to or deductions from the
employee's wages.
13. Total wages paid each pay period.
14. Date of payment and the pay period covered
by the payment.
• Are all workers covered under the
FLSA?
– NO. Elected officials, appointees (those
who sit on boards and commissions), true
volunteers, and others.
– DOL and IRS requirements may differ!
FMLA
FAMILY MEDICAL LEAVE ACT
FMLA
• Allows for up to 12 weeks of unpaid leave for
qualifying employees.
• New regs allow for up to 26 weeks for care of
injured soldiers, or 12 weeks to family of
soldiers called to active duty.
• May be initiated by either employee or
employer.
• Employer may require documentation of
employee eligibility.
• May require paid leave to run concurrent.
FMLA REQUIREMENTS
1. Worksite must employ 50+ employees (not
counting elected officials);
2. Employee must have worked for employer for
at least 12 months;
3. Employee must have worked at least 1,250
hours during the 12 months preceding.
WHEN APPLIED?
1. Care for newborn or newly adopted child or
newly placed foster child;
2. Care for spouse, child or parent with serious
health condition; or
3. Employee has a serious health condition.
DOES FMLA LEAVE HAVE TO BE PAID?
NO!!!
Employee may use and an employer may
require an employee to use accrued paid
or personal leave to cover some or all
FMLA leave taken.
Use of accrued sick or family leave is limited
by employer’s policy.
Americans with Disabilities
Act (ADA) of 1990
Prohibits discrimination based on
disability in employment, public
service, public accommodations,
telecommunications, and
transportation.
Applies to ALL public entities regardless
of the number of employees.
WHO DOES THE ADA
PROTECT?
It is a Civil Rights Statute conferring rights
on a protected class:
”QUALIFIED INDIVIDUALS WITH A
DISABILITY”
Reasonable Accommodation:
A qualified individual with a disability
is someone who can perform the
essential functions and who meets
the other job requirements of
education, experience, and skill.
Reasonable Accommodation means:
*Structural changes for access to
work and non-work areas available
to other employees;
*Job restructuring and part-time or
modified schedules;
*Reassignment to vacant positions
is a last resort and can be at a lower
level of pay
DISABLED?
Major Life Activity?
• An everyday activity an average person
can perform with little or no difficulty:
– Walking, seeing, speaking, hearing,
breathing, learning, performing manual tasks,
caring for oneself, working, sitting, standing,
lifting, reaching, thinking, concentrating,
interacting with others and sleeping (EEOC’s
list).