Building Coaches Legal Side of Supervision Human Resources

Building Coaches Legal Side of Supervision Human Resources Agenda Activity/Topic Welcome, Learning Objectives Employment Laws/Policies and Activity Health Related Laws/Policies Compensation Laws/Policies Records Laws/Policies

Information Technology and Copyright Laws Applying the Laws Scenario Activity 2 Expected Learning Outcomes Define primary employment laws or BC policies and procedures that apply to legal practices within the college workplace. Identify health-related laws and associated Broward College policies. Recognize compensation-related laws and associated Broward College policies. Outline records-related laws and associated Broward College policies.

Identify information technology and copyright policies and laws that affect the workplace and classroom Apply legal information to real case scenarios. Employment Laws and Policies CREATE, EXAMINE & UPDATE @ BC Employment Law Highlights Laws

Prohibits discrimination against Civil Rights Act (1964, 1991) race, religion, color, sex, and national origin Age Discrimination Act of 1967 age, 40 or older Equal Pay Act of 1963

gender, cannot have unlawful pay differences Genetic Information Nondiscrimination Act of 2008 (GINA) .DNA that may affect health by health insurers and employers. Americans with Disabilities Act of 1990 (ADA) and Rehabilitation Act of 1973

people with disabilities. Immigration, Reform, and Control Act (IRCA) national origin or citizenship status and hiring of illegal aliens. Executive Order 11246 Mandates an affirmative action plan for government contractors and second tier sub-contractors.

Florida State Statute 760 race, color, religion, national origin, age, disability (state law) Human Rights Ordinance, Chapter 16 1/2 age, marital status, political affiliation, disability, and sexual orientation (county ordinance) Discrimination, Harassment and Retaliation Federal Civil Rights

Act Protects: Race Religion Sex Color National Origin Other Federal Laws & Local Ordinances Protect: Disability Age

Pregnancy Marital Status Sexual Orientation Americans with Disabilities Act Essential Job Job Essential Functions Functions Disability

Disability Defined Defined Reasonable Reasonable Accommodations Accommodations Sexual Harassment Submission

to unwelcome sexual behavior is made a term or condition of employment decisions Submission to or rejection of any conduct of a sexual nature used as basis for employment decisions Unwelcome behavior unreasonably interfering with individuals employment or academic performance Informal Complaint Process

Formal Complaint Process Workplace Violence ZeroZeroTolerance Tolerance Policy Policy Any violent violent Any

behavior or or behavior threat of of violent violent threat behavior behavior occurring on on occurring

Collegeproperty property College or time time or Violation Violation of policy policy of

subject to to subject disciplinary disciplinary action action Whistleblower - F.S. 112.3187 Cannot take adverse action against an

employee for reporting of improprieties. Includes: violations of the law gross waste abuse or neglect of duty No RETALIATION may be taken against a whistleblower! Standard of Ethics and Professionalism for Public Officers and Employees of Agencies Avoid

the appearance or reality of conflict of interest This may result from accepting or soliciting gifts (value greater than $25) outside business and financial interests outside employment Code of Conduct Unwanted

teasing Threatening behavior Intimidating behavior Stalking Cyberstalking Cyberbullying Physical violence Theft

Harassment Public humiliation Destruction of property Malicious/derogatory rumors (spreading or misusing college assets to publish) Application of Broward College

Policies & Employment Laws Scenarios/Discussions Health Related Laws and Policies Notice of Privacy HIPAA (Health Ins. Portability & Accountability Act) Genetic Information Nondiscrimination Act (GINA ) Prohibits

against acquiring genetic Information Prohibits discrimination against individuals in health insurance and employment Voluntary Wellness Programs The Water Cooler Exception GINA and Social Media Publicly Available Information Treat genetic information as confidential Kept in separate file with other medical information GINA

Genetic information permissible if: Written request made by employee Upon court order, with notice to employee Government officials investigation GINA compliance In accordance with FMLA or similar state/local law Public health agency regarding contagious disease

Family Medical Leave Act (FMLA) Federal mandated, job-protection leave Must work at least 12 months and 1,250 hours Entitled to up to 12 weeks in a 12-month period Reasons for leave:

Birth of a child or placement of a child for adoption Caring for a spouse, child or parent with a serious health condition Serious health condition of the employee Military family leave Military Family Leave FMLA due to qualifying exigency

Military events, post deployment activities, counseling relating to call of duty, childcare Military Up Caregiver Leave to 26 week of FMLA Employees spouse, son, daughter, next of kin

Armed Forces members, National Guard or Reserve Undergoing medical treatment, recuperation or therapy FMLA Misconceptions about FMLA: Only necessary when employee has no accrued time If employee has a lot of accrued sick/vacation time

he/she doesnt need FMLA Serious health conditions under FMLA FMLA Intermittent FMLA

Calculation of FMLA Entitlement FMLA and Maintain Sick/Vacation leave benefits while on FMLA FMLA

When to notify the Employee Benefits Office FMLA Guidelines Mail FMLA packet to employee (forms) Return Physician Certification to Benefits Office Send approval/denial letter to employee & supervisor Employee records time and attendance Employee Benefits place employee on FMLA leave 2 Days prior notice to return to work Fitness for Duty

Employee Benefits return employee from FMLA leave Workers Compensation Workers Compensation All injuries must be reported Responsibility

of the Department Paid workers compensation days Department must track W/C days Work restrictions

Status/work release reports Benefits place employee on leave Workers Compensation & FMLA FMLA Job protection and Health Benefits for employee and dependent

Workers Compensation Compensation Medical replacement of wages care Payment of medical costs

Domestic Violence Act Consolidated Omnibus Budget Reconciliation Act (COBRA) Transfer Vacation Leave Type TRVA Sick Leave Pool What is the Sick Leave Pool (SLP)?

Coordination of SLP with other leaves DISABILITY INCOME PROTECTION (Long-Term Disability) Long Term Disability How Laws and Policies Inter-relate FMLA

Sick Leave Pool Long Term Disability Compensation Laws and Policies FLSA & Our Policies Normal

Normal Work Work Hours Hours Policy 3.04 3.04 Policy What is is What

FLSA? FLSA? Overtime Overtime Work Work How is is itit How paid? paid?

Exempt Exempt vs. NonNonvs. Exempt Exempt Compensatory Compensatory (Comp) (Comp)

Time Time What is is it? it? What The Fair Labor Standards Act (FLSA) Passed in 1938 as part of Roosevelt's New Deal

Sets the following: Minimum Wage Overtime pay Time Recordkeeping Youth Employment Standards reporting & Record Keeping FLSA and Job Descriptions

Primary Duty is defined, for all exemptions, as principal, main, major or most important duty that employee performs. The Job and FLSA Non-Exempt vs. Exempt Who is Exempt? Executive Employees Professional Employees

Administrative Employees Certain Computer Professionals Most employees who earn over $100,000 annually Non-Exempt Employees Anyone earning less than $23,660 or $455 per week

Right to overtime for all hours worked over 40 in a work-week Overtime must be authorized in advance Unauthorized overtime is a disciplinary issue not a compensation one

Employers must ensure accurate record keeping Employees must certify records Compensatory Time Off Paid time off the job earned in lieu of immediate cash payment Normal Work Hours Policy has a 90 day max

comp time accrual then cash payment Federal 240-hour limit on accrued comp time Record Retention and FLSA Under the FLSA, payroll records must be retained for at least three years.

Records on which wages are based (time cards, timesheets, computer records) must be retained for at least two years. Records Laws and Policies College Records - Florida Public Records Act Requires

public records be retained and the public be given access to the records. Retention varies depending on type of record. Custodian of records is authorized to maintain a records management system.

Penalties exist for violations of the FPRA. Florida State Sunshine Law Electronic Public Records Electronic information to and from College employees is public record.

Information stored on Colleges telecommunication systems may be subject to public disclosure. Florida Educational Rights and Privacy Act (FERPA) Information Technology Policies/Procedures Governing all Employees

Information Technology Policies/Procedures POLICY/PROCEDURE POLICY/PROCEDURE NUMBER Network and Software Usage Policy 6Hx2-8.01 Network and Software Usage Procedure A6Hx2-8.01

Communication via Email Policy 6Hx2-8.03 Communication via Email Procedure A6Hx2-8.03 Copyright Policy 6Hx2-8.05

Copyright Procedure Procedure A6Hx2-8.05 Telecommunication Services Policy 6Hx2-8.06 Telecommunication Services Procedure Procedure A6Hx2-8.06

Network/Software Usage Communication via Email Side Note about E-Mail The E in E-Mail stands for: Electronic (yes) And also Evil Embarrassing Eternal Evidence

Keep that in mind before you hit SEND Copyright Application of Broward College Policies & Employment Laws Scenarios/Discussions Wrap Up 3..2..1 3

Things that were REINFORCED 2 Things that were NEW 1 Thing youll DO DIFFERENTLY from now on

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