kegler brown's 2016 managing labor + employee relations seminar

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2016HR To-Do List

Evolving Issues for 2016:

presented by Larry Feheley

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Wage + Hour Reform

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The Overtimes, They Are A-Changing

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New White Collar Exemption

Minimum Salary to $50,440/year

Highly Compensated to $122,168/year

Annual Inflation Indexed Increase

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HR TAKEAWAY

Examine the pros and cons and take the appropriate steps for your company to be in

compliance with the new exemption requirements

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What Can You Buy if You Have $228 Million

Lying Around?

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HR TAKEAWAY

Audit all 1099 contractors to be sure they are truly independent contractors and not employees

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Joint Employment

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Potential Joint Employers

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Franchisors + Franchisees

Companies withSubcontractors

Companies +Staffing Agencies

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HR TAKEAWAY

Review all contracts with whom you may share workers to try to minimize joint employer liability

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HR TAKEAWAY

Reevaluate HazCom and safety programs

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New Persuader Rules

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HR TAKEAWAY

Review your employee handbook and make strategic decisions whether, and to what extent,

to comply with the new NLRB rules

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Evaluate your vulnerability to union organization and take steps to try to protect yourself

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Accommodation of:1 Pregnancy

2 Transgender Employees

3 Religions

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HR TAKEAWAY

Amend your written policies, as well as workplace behaviors, to enumerate LGBT status, and to guard genetic information

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Take the time to consider virtually every employee issue on an individualized basis, exploring ways to accommodate

difference characteristics and diverse identities

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Recent Developments and Impact on Employers

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Who/What is

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to assure safe and healthful working conditions for working men

and women by setting and enforcing standards and by providing training, outreach, education and assistance

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Major Changes to OSHA

Reporting RULE

IncreasedFINES

Removal of

Defenses

Revised Standards

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NEW!January

2015Fatalities must be

reported in 8 hours

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NEW!January

2015In-patient hospitalization of 1 or more employees as a must be reported

within 24 hours

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NEW!January

2015Amputations and the

loss of an eye reported within 24 hours

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200-250 reports PER WEEK

from 21 States

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10-11K reports over the

course of the year

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40% of reports lead to

some investigation

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Memo of Understanding Regarding Enforcement

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80-90%INCREASE

Spring2016

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What does this mean for YOU?

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Removing Employer Defenses

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Safety Incentive + Disincentive Plans

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If an employee of a firm with a safety incentive

program reports an injury, the employee, or the

employees entire work group, will be disqualified

from receiving the incentive, which could be

considered unlawful discrimination

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Employee Misconduct

Defense?

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Walking Working Surfaces and Personal Fall Protection

Systems final rule, which is aimed at preventing slips, trips, and falls

expected by end of year.

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Why is OSHA here?

Call your attorney

Let in without warrant?

Be proactive

Seek immediate resolution

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Why is OSHA here?

Ask for credentials

Determinereason forinspection

Determinescope of

inspection

Designateemployer

representative

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Call Your Attorney

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Inspect without a Warrant?

Will you let

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OSHA cannot conduct a warrantless search without employer consent

OSHA should be able to get the warrant, but it will take time

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REMEMBEROSHA is not your

friend, and they might not know what they

are doing

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Be polite, proactive and conscientious to employee safety/OSHA compliance

1

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Keep your friends close, but your enemies even closer.

2

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When to ABATE?

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Use Closing Conference to Your Advantage

Seek information, but do not engage in speculation

Clarify any mistaken impressions the CO may have formed during the inspection

Demonstrate willingness to comply with standards, but be resolute in position that no violations exist

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Show OSHA your good-faith commitment to safety + compliance

Determine strength/ weakness of any alleged

violation

Decide if you want to contest citation(s)

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What if your business isnt

subject to OSHA standards?

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Each employer shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or

are likely to cause death or serious physical harm to his employees.

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WORKERMisclassification

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What is it?It is the improper designation and treatment of a worker as an independent contractor when he or she should be

accounted for compensated as an employee.

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It is a fine line

with high risk

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SO WHAT?Why does this

matter?

Employee vs. Independent Contractor

Risks + Consequences

Overview of this Talk

Risk Management

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1 SO WHAT? Why does this matter?

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Contingent Workforce

Lower burden on employersless costly, less administration

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40.4%of American workforce is

Contingent Workers

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But what if your

is actually an ?

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has stated initiative of attacking this problem

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MEMORANDUMof Understanding

Shares data with IRS and 28 states

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Income Generator for the Government

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Source of Litigation

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2 Employee vs. Independent Contractor

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No one rule or test

Usually subjective, varies by employer

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20 Factor Test

All about control Only guides

Not formalistic

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1 Instructions

2 Training

3 Integration

4 Services Rendered Personally

5 Hiring, Supervising + Paying Assistants

6 Continuing Relationship

7 Set Hours of Work

8 Full Time Required

9 Working on Employers Premises

10 Order or Sequence Set

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11 Oral or Written Reports

12 Payment by Hour, Week, Month

13 Payment of Business Expenses

14 Furnishing of Tolls and Materials

15 Significant Investment

16 Realization of Profit or Loss

17 Working for More than One Employer

18 Service Available to General Public

19 Right to Discharge

20 Right to Terminate

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Is this helpful?

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Economic Realities

Six-factor test

Workers who are economically dependent on the business of the

employer, regardless of skill level, are considered to be employees, and most workers are employees. On the other

hand, independent contractors are workers with economic independence who are in business for themselves.

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FACTORS

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The extent to which the work performed is an integral part

of the employers business

1

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Whether workers managerial skills affect his or her

opportunity for profit and loss

2

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The relative investments in facilities and equipment by the

worker AND the employer

3

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The workers skill + initiative

4

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The permanency of workers relationship with the employer

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The nature and degree of control by the employer

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affirmatively states that they presume most

workers are employees

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EXAMPLESPractical

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Agi is a CPA. She works as an accountant for Tacks & Awdett on an as-needed basis during tax season.

When the company calls her, they give her a list of projects that they want her to handle. She determines which projects she takes, and which days she works.

Sometimes she comes into the office, and sometimes she works at home. She always uses her own equipment.

She invoices Tacks & Awdett when she is done. Her invoice says to make payments to her company, Alternative Minimum, LLC within 30 days. Agi also works for other companies throughout the year.

Her LinkedIn profile lists her as an independent freelance professional.

AGI FICA

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CLASSIFICATION:IRS and DoL would probably say Independent Contractor

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Tim is a handyman. He works for Binford Tools. He has been doing so for 15 years.

When they need him, he comes to Binfords shop to do the work. He brings his own tools and he does not have a work supervisor at Binford. He does report to a safety manager. He often requests that his friend Al, who works for Binford, help him finalize projects on time

Binford will tell him what they need built or repaired and the time frame for completion..

Binford reimburses Tim for any materials needed for the job. Tim bills them for his time and materials at the end of the job, and lists payment terms on his invoice. Binfordpays Tim directly, in line with its regular payroll.

Tim also works sparingly as a handyman for a his neighbors company, Wilsons Fences.

TIM TAYLOR

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CLASSIFICATION:IRS and DoL would probably say EMPLOYEE

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DoL would definitely scrutinize this more closely

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Breaker works part time 25 hours per week at Overroad, Inc. as a driver. He uses his own truck, but he is reimbursed for fuel costs.

Breaker is paid an hourly wage and is reimbursed for the cost of his lunch while on the road. Breaker is eligible for coverage under the companys health insurance plan and he receives one week of paid vacation annually.

The shipping department tells Breaker where and when the deliveries need to be made, so his schedule revolves around that information.

BREAKER BRAKER

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CLASSIFICATION:IRS and DoL would probably classify Breaker as an employee

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3 Risks + Consequences

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PenaltiesTaxes Interest

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wage penalty

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of FICA for employees AND employers share

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fine per misclassified worker

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Will owe federal and state unemployment taxes

Penalties for non-payment/ non-compliance

If any terminations, may be subject to retroactive benefits

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Have to offer what you offer to other

employees

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ERISA Violations?Health Benefits?ACA Violations?

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FMLA + ADA Accommodations

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FLSA + OMWFSA

Overtime liability

Minimum wage liability

Back wages

Attorney fees

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Workers Compensation

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Intentionally Non-Compliant?

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Dollar for dollar claims

payments

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Increase premiums

going forward

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Claims incurred during non-compliance never leave your experience

rating

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4 Risk Management

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Can voluntarily agree to an IRS audit to limit past penalties

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Can also volunteer for root canal

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Require independent contractors form their own entity

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Give up control (within reason)

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ASK YOURSELF

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Would I handle it this way if he was

a plumber?

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Would I handle it this way if she was a bakery?

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Pay him or her like an employee

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Thank You!Timothy J. Gallagher, AttorneyKegler Brown Hill + [email protected]/gallagher(614) 462-5476

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Non-Competition AGREEMENTS

presented by Rob Cohen

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Concepts Addressed in Non-Compete

Agreements

Confidential Information

Soliciting or Encouraging Employees,

Customers or Business Partners

to Leave

Preventing Employees from

Working for Competitors

Employment At-Will

Notice Period + Severance

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PERCEPTION

REALITY

Non-compete agreements are not enforceablePERCEPTION

Reasonable restrictions are enforced REALITY

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PERCEPTION

REALITY

If a company doesnt enforce a non-compete with respect to one departing employee, it cant enforce the agreement in the future against other departing employees

PERCEPTION

Properly drafted agreements allow the employer to decide when to enforce an agreement without affecting future enforceability

REALITY

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Considerations for Business Having Non-Compete Agreement

Communicates expectations + discourages violations

Protects customer relationships + confidential info

Reduces employee turnover

Makes it harder for departing employees to raid your other current employees

May discourage prospective employees from coming to company

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Confidential information is defined more broadly in a non-compete agreement than under trade secret laws

Arguably relaxes the employers requirement of proof regarding steps to maintain confidentiality

Helps make clear to the employee what type of information the employer considers to be confidential, e.g., client lists, client contact information, historical purchasing information, employee performance, etc.


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Provisions stating that a departing employee cannot solicit current (or former) employees

Provisions stating that a departing employee cannot directly or indirectly hire current (or former) employees

Provisions stating that a departing employee cannot be involved in recruitingemployees or encouraging or doing anything to get them to leave your company

Protecting Employees

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Provisions prohibiting departing employee from selling products or providing services to customers

Provisions prohibiting departing employee from having contact with customers

Provisions prohibiting departing employee from interfering with your companys relationship with customers

Protecting Relationships

with Customers

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Other Types of Customer Restrictions

Prohibition against selling products to or providing services to a specified short list of your competitors

Provisions requiring the payment of liquidated damages based upon historical sales to customers

Provisions requiring forfeiture of future commissions or compensation based upon business with customers

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Protecting Relationships

with Other Business Partners

Provisions prohibiting departing employee from doing anything to interfere with your companys relationships with strategic business partners, e.g., independent contractors, suppliers, distributors, staffing firms, etc.

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Preventing Employees from Working for Competitors

Harder to enforce than customer restrictions

Avoids difficulty in trying to determine if ex-employee is complying with restrictions regarding confidential information and customersCan make recruiting talent more difficult if the competition doesnt require similar restrictions

Legal litmus test is reasonableness and whether the restriction prevents unfair competition

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ReasonablenessThe concept of reasonableness applies to all of the

restrictions we have been discussing relating to confidential information, employees, customers, strategic business partners and prohibitions on

working for competitors

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RESTRICTIONSReasonable


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The reasonableness test will be applied to the type of information the departing employee is

prevented from using in the future

Regarding Use/Disclosure of Confidential Information

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If the information is publicly available, it will likely not be reasonable to restrict its use


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If the employee worked in the same industry before coming to your company and learned the information,

it will likely not be reasonable to restrict its use


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If you list your customers on your internet site, it will not be reasonable to restrict ex-employees from disclosing

those customers relationship with your company

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Customers

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Regarding CustomersA reasonable restriction regarding customers should be limited to

customers with whom the departing employee had contact (perhaps within the preceding 12-24 months) or about whom the employee received confidential information during employment

with your company

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Regarding Customers

The restriction will also need to be limited in time for example 12 months after the

termination of the employment relationship

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Employees

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Regarding Employees

A reasonable restriction regarding recruitment of employees will likely require some confidential knowledge possessed by the

departing employee that relates to the other employees

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Regarding Employees

Again, the restriction will need to be limited in time for example 12 months after the

termination of the employment relationship

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Business Partners

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Regarding Business PartnersLike employee restrictions, you will likely have to be able to demonstrate some confidential knowledge the employee

possessed regarding the companys relationship with a strategic business partner in order for it to be reasonable to restrict a

departing employee from his or her dealings with such business partner

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Regarding Business Partners

The knowledge that your company used the strategic business partner to perform a particular

function for the company may be sufficient

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Employment with Competitor

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In order for a non-compete restriction regarding employment with a competitor to be reasonable, it will need to be limited in

both time and geographic scope

Regarding Preventing Employment with a Competitor

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The sweet spot for the temporal aspect of the restriction is 12-24 months. The shorter the

restriction, the easier it is to enforce


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The time period should be sufficient to establish a new employee or existing employee into the departing employees position with time for necessary training and establishment of

customer contact and relationships


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Geographic Restriction

In order to be reasonable, a restriction against working for a competitor should be

geographically restricted as well

Mileage restrictions are measured by straight line, e.g. GPS

If an employee is the president of company or a developer of technology sold by the

company, a geographic restriction that covers the companys entire market area may be

appropriate

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Agreements should be specific to the position. One size fits all agreements can be hard to enforce.


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Ideally, agreements will include varying restrictions that are appropriate to the specific employment positions. This can require detailed attention to the contracting process and

requires careful attention at the beginning of the hiring process.


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Employee Turnover

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Reducing Employee Turnover

Discouraging employees from leaving your company and reducing turnover is

not a legally protectable interest

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Best Practices6

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Prospective employees should be notified of the requirement of signing a non-compete agreement as early as possible in the hiring process

Include a statement in your employment application that asks if the prospective employee is willing to sign an agreement with non-competition and non-solicitation restrictions

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Provide a copy of the non-compete agreement to prospective employees during the interview/application process

Present the agreement to new employees for signature before they begin working or on their first day of work when they sign their other HR paperwork

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Allow employees time to read the agreement and take it home and consult with an attorney if they would like

Consider modifying the agreement to address specific circumstances at the time of hiring or to address an employees extensive experience in the industry prior to hiring

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Other Provisions that Can Be Included in AgreementAmount of bond if injunctive relief is awarded

Payment of attorneys fees and costs

Court where any lawsuits will be brought

State whose law will be applied

Admissibility of Google maps and GPS measurements for geographic restrictions

Requirement that employee provide notice before working in the same industry after leaving

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Considerations Regarding Enforcement

What customer relationships does the employee have?

What confidential information does the employee have?

How long has the employee worked for the company?

Where is the employee going?

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Hiring Employees Who Worked for a

Competitor

Inquire into whether the prospective employee is subject to a non-compete agreement with a previous employer

Doing your due diligence to determine whether the employee is subject to

restrictions can protect your company

Include terms that require the employee to pay your companys legal fees and expenses if their hiring drags your company into a lawsuit

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CASES

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Thank You!Rob Cohen, DirectorKegler Brown Hill + [email protected]/cohen614.462.5492

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1Youve recently hired Sarah to fill your only receptionist position. Sarah is a nice person and generally competent, however in her first 4 months of work shes been absent 10 times. By e-mail and text shes notified you that shes off work due to her daughters medical condition, a chronic form of asthma, which requires intermittent trips to the hospital.

You decide this isnt working out and fire Sarah telling her its either your child or your job.

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Does Sarah have a claim?

1. No, Sarah is an employee-at-will2. Yes because Sarahs absence is

protected by FMLA3. Yes because the termination is due to

Sarahs status as a caregiver of her daughter who has a disabling condition

4. It depends on how old Sarah is

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2Terry, an account manager at your Company for the last 15 years, comes into your office and says hes decided to become a she, or more directly, he now identifies as a woman. He indicates he wishes to use the womens restroom.

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How do you respond to his request?

1. Tell him to put his money where his ----is and youll let him use the womens restroom when he has the surgery to become a woman

2. Tell him no and fire him for even considering it

3. Allow him to use the womens restroom4. Take a poll of your women employees and

act in accordance with the results

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3Emily, a new employee in your accounting department, recently indicated she needed time off for a serious medical procedure. You provided Emily with a non-FMLA medical leave request form that includes the following request:

Please explain the need for leave and the justification for the time off request.

You received the following information from the doctor:Emilys family has a long history with breast cancer, her mother had it, her grandmother had it and her aunt had it. Thus we believe it is in her best interest to have a mastectomy at this time.

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Any issues?

1. No and you can deny her leave2. It depends on the language in the medical

form3. Yes, or you wouldnt have asked the

question, but I dont know what they are

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4Rob is a shop employee at your facility. One day he slices off his finger while operating a saw. Consistent with your policy he is drug tested at the hospital shortly after the accident. His test is positive for cocaine.

At the BWC hearing you provide the test results and argue the injury is not compensable due to the positive test.

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True or False: The claim will be disallowed due to positive drug test

1. True2. False

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5You are the HR Director for a chain of restaurants. An applicant, Ervin, applies for the job and receives a conditional job offer. After the offer, but before Ervin starts, you discover he is HIV positive. You rescind his job offer.

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Does Ervin have a claim?

1. No, because it turns out another applicant, Isaiah was better qualified anyway

2. No, because the ADA does not apply to applicants

3. No because there is no reasonable accommodation that would exist that would allow someone who is HIV positive to work in a restaurant

4. Yes

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6Sally is an associate at your company. Shes been with you for two years and has recently had a baby for which she is taking FMLA leave. She indicates that she intends to take the full 12 weeks of leave to bond with her child although her doctor indicates she is medically able to return to work after 8 weeks.

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True or False: You can require Sally to return to work after 8 weeks

1. True2. False

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7Sam is a customer service employee in your call center. One day he goes home and writes a review of your company on the internet, explaining that your company is a terrible place to work because you dont pay enough to lower level workers and instead use the money on corporate expense accounts and fancy dinners.

Sams post makes regional news.

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True or False: You can fire Sam with no consequence

1. True2. False3. I give up

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8You have a fleet of inside sales people at your company. They spend all day at their desks calling customers. They are paid a salary and typically work exactly 40 hours.

You decide that it would be better for these sales employees to make in-person calls twice a week. Typically this will involve commutes that are on average 1 hour longer per day.

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Do you owe these employees any additional money?

1. No they are paid a salary2. No its a normal commute which is not

compensable3. Yes

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9You have a general policy which says that the company e-mail system is only to be used for business purposes. This rule is generally ignored. However, an employee named Hillary has taken to e-mailing her co-workers after hours. Most of these e-mails contain some reference to Feeling the Bern and strongly advocate for organizing the workplace.

You decide you have no interest in being in the middle of a political quagmire and additionally you dont want a union in your workplace.

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You fire Hillary. Any problems?

1. No the company e-mail is owned by the company and can be restricted

2. No because the e-mails were after hours

3. Yes

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10Ron is an employee at your company. Ron has requested and been approved for intermittent FMLA leave due to migraine headaches. Last week you received complaints from two co-workers that Ron, without asking permission or telling anyone, left his desk and went to sleep in the break room, in violation of your no sleeping on the job rule.

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You decide youre firing Ron for violating the no sleeping rule. Problem?

1. Yes because his sleeping is intermittent leave which is an approved absence

2. Yes because letting him sleep is a reasonable accommodation

3. Yes because you failed to engage in the interactive process

4. No

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11You have 35 of your own employees in your workforce. Additionally, you have a staffing company that provides you with 20 employees. Those employees get their schedules from you and are supervised by your employees. They get paid by the staffing company.

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Are your workers eligible for FMLA?

1. Yes2. No

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12Same situation 30 of your own employees 20 through a staffing arrangement. You learn that the staffing company is not paying overtime to its employees.

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Are you responsible for the overtime payments?

1. Yes2. No3. Maybe

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13Stan hurt has a chronic back condition and has been on FMLA leave for 8 weeks. He brings you work restrictions that you could accommodate but you have a company policy that prohibits employees from returning to work before they are free of restrictions.

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Can you keep Stan off work on FMLA leave?

1. Yes because he still has a serious medical condition

2. No because you can accommodate his disability3. Yes because his condition is not a disability4. Yes because he has not requested an

accommodation

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14Your company has recently instituted a wellness plan. The plan allows for employees to earn up to 1/3 of the single employee cost in incentives. In order to reach the incentives employees must undergo an exam, answer questions about their health history, meet with a physical trainer, create and follow a fitness plan that includes working out twice a week. There are no exceptions to this requirement.

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Is your plan legal?

1. No because it violates the ADA2. Yes because its voluntary3. No because it violates GINA

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15Rachel, a sales executive, filed a complaint of harassment against her supervisor. You investigated and found it likely something occurred, but not enough to warrant termination. In the two weeks immediately following complaint being filed, Rachels supervisor tells her she has to call in to him after every client meeting and invites all of the other employees to lunch excluding her.

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Rachel quits. Any issues?

1. No there was no change to the terms and conditions of her employment

2. No because she quit3. No because her supervisor stopped

harassing her4. None of the above

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16Randy is an emergency repairman for a property management company, his employer requires him to have a cell phone with unlimited text messages to take and respond to tenant calls. He also is required to have a tablet, and a mobile hotspot so he can locate manuals electronically if need be. He drives his own vehicle to the properties when he is called. Hes paid $8.10 an hour but the clock begins only when he arrives on site at the property.

Randy quits and you get a letter from a lawyer claiming Randy wasnt paid minimum wage.

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Does Randy have a case?

1. Yes because of the mileage2. Yes because of the time the clock started3. Yes because of the cost of the phone4. No he got paid minimum wage

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17John applies to work in your accounting department. You make him a conditional offer of employment. You tell him a 3rd party is going to run a background check at your request, and provide him with FCRA paperwork. He signs the consent form. The background check results show 8 years ago John was convicted of theft for which he served 6.5 years in jail. Upon receiving this you send John an Adverse Action Form and a copy of his rights under the FCRA. You tell him his offer is rescinded.

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Any problems with your course of action?

1. Yes you cant run a background check until youve officially hired the person

2. Yes you failed to comply with the FCRA3. Yes the background check went beyond

7 years4. No

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Thank You!Brendan Feheley, DirectorKegler Brown Hill + [email protected]/brendanfeheley614.462.5482

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Slide Number 1Slide Number 2Slide Number 3Slide Number 4Slide Number 5Slide Number 6Slide Number 7Slide Number 8Slide Number 9Slide Number 10Potential Joint EmployersSlide Number 12Slide Number 13Slide Number 14Slide Number 15Slide Number 16Slide Number 17Recent Developments and Impact on EmployersSlide Number 19Slide Number 20Slide Number 21Slide Number 22Slide Number 23Slide Number 24Slide Number 25Slide Number 26Slide Number 27Slide Number 28Slide Number 29Slide Number 30Slide Number 31Slide Number 32Slide Number 33Slide Number 34Slide Number 35Slide Number 36Slide Number 37Slide Number 38Slide Number 39Slide Number 40Slide Number 41Slide Number 42Slide Number 43Slide Number 44Slide Number 45Slide Number 46Slide Number 47Slide Number 48Slide Number 49Slide Number 50WORKERMisclassificationSlide Number 52Slide Number 53Slide Number 54Slide Number 55Slide Number 56Slide Number 57Slide Number 58Slide Number 59Slide Number 60Slide Number 61Slide Number 62Slide Number 63Slide Number 64Slide Number 65Slide Number 66Slide Number 67Slide Number 68Slide Number 69Slide Number 70Slide Number 71Slide Number 72Slide Number 73Slide Number 74Slide Number 75Slide Number 76Slide Number 77Slide Number 78Slide Number 79Slide Number 80Slide Number 81Slide Number 82Slide Number 83Slide Number 84Slide Number 85Slide Number 86Slide Number 87Slide Number 88Slide Number 89Slide Number 90Slide Number 91Slide Number 92Slide Number 93Slide Number 94Slide Number 95Slide Number 96Slide Number 97Slide Number 98Slide Number 99Slide Number 100Slide Number 101Slide Number 102Slide Number 103Slide Number 104Slide Number 105Slide Number 106Slide Number 107Slide Number 108Slide Number 109Slide Number 110Slide Number 111Slide Number 112Slide Number 113Slide Number 114Slide Number 115Slide Number 116Slide Number 117Slide Number 118Slide Number 119Slide Number 120Thank You!Slide Number 122Non-Competition AGREEMENTSSlide Number 124Slide Number 125Slide Number 126Considerations for Business Having Non-Compete AgreementSlide Number 128Slide Number 129Slide Number 130Other Types of Customer RestrictionsSlide Number 132Preventing Employees from Working for CompetitorsReasonablenessSlide Number 135Slide Number 136Slide Number 137Slide Number 138Slide Number 139Slide Number 140Slide Number 141Slide Number 142Slide Number 143Slide Number 144Slide Number 145Slide Number 146Slide Number 147Slide Number 148Slide Number 149Slide Number 150Slide Number 151Slide Number 152Geographic RestrictionSlide Number 154Slide Number 155Slide Number 156Slide Number 157Slide Number 158Slide Number 159Slide Number 160Slide Number 161Other Provisions that Can Be Included in Agreement Considerations Regarding EnforcementSlide Number 164CASESThank You!Slide Number 167Slide Number 168Does Sarah have a claim?Slide Number 170How do you respond to his request?Slide Number 172Any issues?Slide Number 174True or False: The claim will be disallowed due to positive drug testSlide Number 176Does Ervin have a claim?Slide Number 178True or False: You can require Sally to return to work after 8 weeksSlide Number 180True or False: You can fire Sam with no consequenceSlide Number 182Do you owe these employees any additional money?Slide Number 184You fire Hillary. Any problems?Slide Number 186You decide youre firing Ron for violating the no sleeping rule. Problem?Slide Number 188Are your workers eligible for FMLA?Slide Number 190Are you responsible for the overtime payments?Slide Number 192Can you keep Stan off work on FMLA leave?Slide Number 194Is your plan legal?Slide Number 196Rachel quits. Any issues?Slide Number 198Does Randy have a case?Slide Number 200Any problems with your course of action?Thank You!Slide Number 203

kegler brown's 2016 managing labor + employee relations seminar

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