2014 Managing Labor + Employee Relations Seminar

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    01-Nov-2014
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    Career

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The annual Managing Labor + Employee Relations Seminar took place on Tuesday, March 4, at 8:30 a.m. at the Fawcett Center and provided valuable information about best practices and the changing regulations that are important for employers to know. The half-day seminar, designed for business owners and professionals in human resources and employment law, discussed the following topics: reasonable accommodation under the Americans with Disabilities Act; investigating employee claims; information on the Affordable Care Act and the options employers have; and tips on how retaliation claims can be handled and avoided.

Transcript of 2014 Managing Labor + Employee Relations Seminar

  • 1. z
  • 2. z The Scorecard for 2013 presented by Lawrence Feheley 2014 Managing Labor + Employee Relations Seminar March 4, 2014
  • 3. z Persons attempting to find a motive in this narrative will be prosecuted; persons attempting to find a moral in it will be banished; persons attempting to find a plot in it will be shot. + Mark Twain, Adventures Huckleberry Finn of
  • 4. z 2013 Was a Good Year + Minimum + Gays Wage Employees and Lesbians in the Workplace + Facebook Complainers + Tattletales + Soldiers + Unpaid Interns
  • 5. z 2013 Was a Good Year + Flu-Prone Employees + People Disabled by Weird Conditions + Female Wage Earners + Potheads in the Workplace + Criminals in the Workplace
  • 6. z 2013 Was a Bad Year + Obamacare + NCAA Football + Non-Union Employers + Technology Haters + Erstwhile Independent Contractors + Employee Handbooks
  • 7. z 2013 Had Mixed Results + The National Labor Relations Board + Supervisors + The EEOC Criminal Background Guidelines
  • 8. z Reasonable Accommodations after the ADA Amendments What You Do + Dont Have to Do presented by Kailee M. Goold 2014 Managing Labor + Employee Relations Seminar March 4, 2014
  • 9. z +
  • 10. z ADAAA Refresher Engaging the Employee Triggering the Process Choosing Accommodations Final Comments
  • 11. z Prohibits Discrimination Failure to engage in interactive process Failure to provide reasonable accommodations Costly Liability Compensatory + punitive damages Front + back pay, reinstatement attorneys fees
  • 12. z a record of such impairment physical or mental impairment that substantially limits a major life activity being regarded as having such an impairment Disability
  • 13. z ADAAA significantly expanded disability
  • 14. z ADAAA Game Changers Major life activities Episodic or in remission Temporary conditions Mitigating measures
  • 15. z Major Life Activities Concentrating Caring for Oneself Breathing Eating Communicating LearningSeeing Standing Sleeping Reading Speaking Bending Performing Manual Tasks Lifting Working Thinking Walking
  • 16. z Episodic or In Remission + Disability if active it would limit a major life activity when
  • 17. z Temporary Conditions May be a disability if it lasts or is expected to last fewer than 6 months
  • 18. z Mitigating Measures + You must consider how the impairment affects the person before or without the mitigating measure + (except ordinary glasses and contacts)
  • 19. z Obesity ADHD Sensitivity to perfumes Incontinence Torn tendons Seasonal affective disorder Bladder conditions Allergies
  • 20. z Is This Employee Disabled?
  • 21. z Is this employee disabled? How can this employee do this job with an accommodation? Shift Your Focus
  • 22. z +
  • 23. z Identify when is the duty is triggered Engage with the employee Choose and maintain a reasonable accommodation
  • 24. z employee requests
  • 25. z Common Mistake Believing what you read on the internet
  • 26. z No magic words required Can come from third parties Employee Requests Dont have to ask for anything
  • 27. z Medical Condition Workplace problem Employee Requests
  • 28. z Common Mistake Trying the ostrich defense
  • 29. z Accommodation requests Performance Issues Absences Your files (FMLA, WC) Employee behavior
  • 30. z Common Mistake Failure to document, document, document
  • 31. z My wheelchair doesnt fit under my desk.
  • 32. z I may need more time off. Employee at end of FMLA Leave
  • 33. z My wife is in the hospital. She wont be in for awhile. Spouse calls in
  • 34. z Its been hard to show up on time since my divorce Im really upset.
  • 35. z No Link Ive been meaning to tell you . . .
  • 36. z Identify when is the duty is triggered Engage with the employee Choose and maintain a reasonable accommodation
  • 37. The Interactive Process z Informal dialogue to figure out if you can accommodate the employee Closely scrutinized
  • 38. z How can I help you do your job?
  • 39. z Three Questions What are the essential functions of this job? What is the impairment? What are the specific limitations?
  • 40. z Common Mistake Unclear essential functions Job Description Employee Agrees
  • 41. z Three Questions What are the essential functions of this job? What is the impairment? What are the specific limitations?
  • 42. z Common Mistake Staying dazed + confused
  • 43. z Medical Request Employee Company Get the information you need!
  • 44. z Nothing you can or should do
  • 45. z Identify when is the duty is triggered Engage with the employee Choose and maintain a reasonable accommodation
  • 46. z Accommodation = Change Make facilities accessible Restructure non-essential functions Acquire + modify equipment Modify schedules Modify policies Leave
  • 47. z Common Mistake Excuses legal defenses
  • 48. z NOT Reasonable: Eliminating essential functions Creating a job Bumping Indefinite leave
  • 49. z Undue hardship (extremely rare) significant difficulty Health + Safety direct threat
  • 50. z Common Mistake Short-term memory
  • 51. z Common Mistake Letting the employee choose
  • 52. z What about our leave policy? Have one and be flexible.
  • 53. z Follow Through Proper implementation Follow up Document Rinse and repeat if needed