Term
Bermuda Triangle:
Family Medical Leave of Absence
Workman's Comp
Americans with Disabilities Act |
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Definition
| Employee injured on job (WC), suffers medical condition requires them to take off time (FMLA), they then become permanently disabled (ADA) |
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Term
| American’s w/ Disability Act |
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Definition
Federal and State Acts
If person w/ disability or if offered reasonable accommodation, you’ll have to have equal decisions for those for hiring or promotion decisions
Doesn’t mean that you have to hire person w/ disability
Means that you have to be blind to disability
Unlawful discrimination that is when disability is used in consideration
Applies w/ those w/ 15 or more employees
Physical or mental impairment that limits major life activities (walking, talking, reading, seeing, reading, writing, etc.)
Incl. people “regarded” as disabled, i.e. speech patterns
Disability under ADA is ever expanding
Anything that Inhibits one or more life activities
A record of being sustainably limited
Life experiences
Person is protected under ADA
ADA also protects person regarded w/ disability or substantial impairment
If you have speech pattern b/c of way you talk may protect you under ADA
Substantially limited persons
PERSON STILL HAS TO HAVE FUNCTIONS TO PERFORM THE JOB REGARDLESS OF ACCOMMODATION
Don’t have to hire if not qualified
Essential functions of the job
Review the job description to qualify the essential functions of each job so that you are not at risk for discrimination claim on disability, factual/objective criteria
must be able to sit 40 hours, lift objects weighing 40 lbs. |
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Term
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Definition
Accommodation w/o putting an undue hardship on the business
Size of business
How wealthy is business
How expensive is accommodation to implement
Size of financial resources
How disruptive/impact on operations |
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Term
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Definition
cost
size of business
structure of business
financial resources of business
impact of accommodation on business operations |
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Term
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Definition
Really easy for employee to allege that they worked more hours than compensated
Wage and hour claims carry statutory attorney fees
If employee proves not compensated for week’s worth of overtime then you’re on the hook for all of their attorney's fees
Lunch breaks and 15 minute breaks
Exempts vs. nonexempt employees |
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Term
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Definition
| Employer does NOT have to pay overtime |
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Term
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Definition
| Employer HAS to pay overtime |
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Term
| Classifications of Exemption: |
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Definition
Executive
Administrative
Professional
Outside Sales |
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Term
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Definition
employee manages dept or subdivision
directs work of at least 2 other employees
can hire and fire employees |
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Term
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Definition
primary duty is of office and non manual work for the employer
primary duty is discretion and independent judgement for specific matters |
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Term
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Definition
Primary duty requires advanced knowledge
field of science or learning
customary learning thru long intellectual
License issued by state: lawyers, doctors, etc.
Not paralegal
Primary duty requires invention, innovation, creativity, in an endeavor
Creative endeavor: writing skits, artists, musicians |
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Term
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Definition
| employee away from business due to making sales |
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Term
| Medical Leave Act/CA Family Medical Leave Act |
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Definition
Does not apply to all employers and employees
Must satisfy the following 2 items:
employer has to only worry about it if 50 or more people w/in 75 mile radius
employee must work for you for at least 12 cumulative months
this does not have to be consecutive
has to work for 1250 hours w/in the last 12 months (26 hours/wk)
It allows you to take time off for your own care or the care of specific family members
UNPAID TIME OFF to be in care of family member
12 weeks off to bond with new-born/foster child
address own medical issue for relatives, parent, spouse, but NO in-laws.
12 WEEKS IS UNPAID LEAVE (mother or father)
You can collect unemployment insurance through the state, but employer does not have to pay you
12 weeks per year provided that you met two items a above
*if you are too small to meet FMLA, you should have a policy allowing your employees to care for serious medical conditions
This may lead to categorizations of disability under ADA so you avoid adverse action based on disability. |
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Term
| Pregnancy Disability Leave |
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Definition
Separate from FMLA
All employers have to grant PDL
Runs for 4 months
The person is deemed disabled by virtue of pregnancy for period of time to perform job
(definition of health care provider is broad)
employer can’t fire you or give away your job |
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