Human Resources Law

Fall 2015 Week One

Coverage of Federal and Arizona employment and labor laws

Federal Laws• Fair Labor Standards Act – $500K but even if Company not covered –employees are if engaged in Commerce

OVERTIME, MINIMUM WAGE, CHILD LABOR• Polygraph Protection Act – same as FLSA• Immigration Laws – all are covered for I-9 – need 4+ employees for citizenship discrimination coverage• National Labor Relations Act - $500K revenues or $50K crossing state lines; more for some entities; less for others• Patient Protection Affordable Care Act – 50 for play or pay but 90 days max to insurance, Nursing Mom’s Break

More Federal Laws•EEO Laws

– Title VII of the 1964 Civil Rights Act - 15+ employees – Americans with Disabilities Act – 15+ employees– Age Discrimination in Employment Act – 20+ employees–Genetic Information Nondiscrimination – 15+

employees– Equal Pay Act = FLSA coverage

•OSHA –10+ employees for federal; any in AZ

What is the EEOC and Why Does It Matter?

• Equal Employment Opportunity Commission (EEOC)

• EEOC Enforces Many Employment Laws• EEOC is Typically Reactive but Recently Has

Been Proactive• May Target a Certain Sector–No Industry is

Bullet Proof

Allocation of 2013 EEO Charges:

Chart from: http://www.eeoccountdown.com/2013/10/01/times-up-pencils-down-eeoc-final-fiscal-year-end-filing-totals-provide-surprises-and-insight/

Even More Federal Laws

• FICA/FUTA/taxes–all are covered• ERISA – applies if you offer benefits

–COBRA 20+ employees• USERRA –all are covered• FMLA – 50+ employees or public entity• Cannot fire employee for going into bankruptcy • Fair Credit Reporting Act – background checks

Arizona Laws• Arizona Civil Rights Act

–Sexual harassment applies to ALL employers–EEO – 15+ employees - age, race, sex, religion, disability, national origin, genetic info

• Wage and Hour laws• Unemployment Insurance• Arizona Employment Protection Act

More Arizona Laws

• Worker Compensation – you must have!• Occupational Safety and Health• Drug Testing of Employees Act• Legal Arizona Workers Act – E-Verify• Child Support Enforcement• No discrimination if garnished• Blacklisting and early statehood laws

Is there something else?

• Contract of employment • Local charters and ordinances• Work rules and practices• Employee benefit plans• Industry/Professional Rules

Post Those Notices!

• Federal requirements

• Arizona requirements

• Worker compensation – don’t become an exception