fair labor, family medical leave, residency, drug testing, electronic monitoring, digital imagery,...
TRANSCRIPT
Fair Labor, Family Medical Leave, Residency, Drug Testing, Electronic
Monitoring, Digital Imagery, and Social Networking
Chapter 14
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Objectives
• Identify maximum hour limits of the Fair Labor Standards Act (FLSA) and when overtime compensation is required.
• Define compensatory time and explain guidelines for FLSA comp time.
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• Explain firefighter exemption, emergency medical (ambulance) exception, and executive exemption, including the effect of recent changes in laws.
• Identify what hours are compensable under FLSA.
Objectives
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• Explain how volunteers are treated under FLSA. • Explain the Family Medical Leave Act (FMLA )
and what benefits it provides.• Explain the constitutionality of residency
requirements.
Objectives
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• Explain when firefighters can be asked to submit to drug testing.
• Explain the role that computer and electronic communications policies play in complying with the ECPA.
Objectives
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• Define spoliation and explain how it impacts taking photos by on-duty personnel.
• Identify the need for a social networking policy.
Objectives
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Fair Labor Standards Act (FLSA)
• Addresses wage and hour issues– Maximum hours– Minimum wage– Overtime calculations
• Applicable to state and local employers since 1986
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Volunteers
• FLSA prohibits employees from volunteering same type of work to their employer– Career FF cannot volunteer as a firefighter, but can
volunteer to coach youth baseball team organized by employer
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Maximum Hours
• General rule– Overtime required after 40 hours– One and one-half normal hourly wage for all
hours worked over 40 per week
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Maximum Hours—Exemptions
• Firefighters 7(k) Exemption– Firefighters can work 53 hours per week before
overtime is required– May calculate on sliding scale
• 212 hours in 28-day period
• Must be a public agency
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• Executive, administrative, and professional exemption– Qualifying personnel are exempt from maximum hours
requirements– No requirement that they receive overtime
Maximum Hours—Exemptions
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• Executive, administrative, and professional exemption– August 2004, new regulations went into effect– 29 CFR Sec.541.3 (b)(1)– Line fire personnel are hourly employees
Maximum Hours—Exemptions
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Maximum Hours—Calculation
• Waiting time
• Sleep time
• Meal time
• Break time
• Training time
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• Travel time
• On-call time– Limitations governing on-duty time has resulted in
on-call time– Restrictions governing on-call time
• Employee must be compensated for on-call time because it restricts time for own personal pursuits
Maximum Hours—Calculation
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Additional FLSA Issues
• Substitutions
• Medical attention
• FLSA and workers’ compensation
• Comp time
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Family Medical Leave Act (FMLA)
• Passed by Congress in 1993
• Allows unpaid leave to eligible employees of 12 weeks per year
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• Criteria– Birth and care of newborn child of employee– Adoption or foster care– Care for family member (spouse, child, or parent)
with serious medical condition – Serious health condition of employee
Family Medical Leave Act (FMLA)
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Residency Requirements
• Residency requirements have been challenged on a variety of grounds
• Generally, residency requirements are upheld as rationally related to a legitimate governmental interest– Rational basis standard of review
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Drug Testing
• Drug testing of public employees is constitutionally permissible without a warrant or probable cause– Must be reasonable
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• Considerations– Privacy interests– Extent to which the search intrudes on the
employee's privacy– Importance of governmental interest along with
ability of procedure used to address that concern
Drug Testing
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Electronic Monitorings
• Electronic Communications Privacy Act (ECPA) of 1986
• Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA Patriot Act) of 2001
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Digital Imagery and Social Networking
• Digital imagery– Embarrassing or violates privacy and/or
confidentiality– Photographs and videos as evidence
• Spoilation– Destruction or loss of evidence
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• Digital imagery policy– Proper handling of all images– Procedure for personnel to obtain images
• Networking– Facebook– Social networking policy
Digital Imagery and Social Networking
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Summary
• Fair Labor Standards Act
• Family Medical Leave Act
• Residency
• Drug testing