Prepare for Swine Flu?

Q. I own a recruiting firm, and I employ about 50 employees. Are there steps I should be taking to prepare for the Swine Flu?

A. Yes. Employers are responsible for providing a safe and healthful workplace for their employees. In the event of an influenza pandemic, employers will play a key role in protecting employees' health and safety as well as in limiting the impact on the economy and society.

Employers will likely experience employee absences, changes in patterns of commerce and interrupted supply and delivery schedules. Proper planning will allow employers in the public and private sectors to better protect their employees and lessen the impact of a pandemic on society and the economy.

The Occupational Safety and Health Administration (OSHA) developed pandemic influenza planning guidance based upon traditional infection control and industrial hygiene practices. It is important to note that there is currently no pandemic; thus, this guidance is intended for planning purposes and is not specific to a particular viral strain.

Additional guidance may be needed as an actual pandemic unfolds and more is known about the characteristics of the virulence of the virus, disease transmissibility, clinical manifestation, drug susceptibility, and risks to different age groups and subpopulations.

Employers and employees should use this planning guidance to help identify risk levels in workplace settings and appropriate control measures that include good hygiene, cough etiquette, social distancing, the use of personal protective equipment, and staying home from work when ill.

See OSHA's Guidance on Preparing Workplaces for an Influenza Pandemic here.

Up-to-date information and guidance is available to the public through the www.pandemicflu.gov website.

What is Employment Discrimination?

Q. I am familiar with the word "discrimination." But what does it really mean? What is employment discrimination?

A. The US Equal Employment Opportunity Commission says to "discriminate" against someone means to treat that person differently, or less favorably, for some reason.

Discrimination can occur while you are at school, at work, or in a public place, such as a mall or subway station. You can be discriminated against by school friends, teachers, coaches, co-workers, managers, or business owners.

The EEOC is responsible for protecting you against one type of discrimination - employment discrimination because of your race, color, religion, sex (including pregnancy), national origin, disability or age (age 40 or older).

Other laws may protect you from other types of discrimination, such as discrimination at school or discrimination at work because of your sexual orientation.

The laws enforced by EEOC protect you against employment discrimination when it involves:

Unfair treatment because of your race, color, religion, sex (including pregnancy), national origin, disability, or age (age 40 or older).

Harassment by managers, co-workers, or others in your workplace, because of your race, color, religion, sex (including pregnancy), national origin, disability, or age (age 40 or older).

Denial of a reasonable workplace change that you need because of your religious beliefs or disability.

Retaliation because you complained about job discrimination, or assisted with a job discrimination investigation or lawsuit.

For more information about the types of practices prohibited by the laws enforced by EEOC, see EEOC's Facts on discriminatory practices.

Source: EEOC Youth At Work

Colorado employment attorney Kimberlie Ryan handles employment discrimination and harassment claims for Colorado workers.

Honoring Columbine

May your Angels comfort you during this time, dear Columbine.

Remember with love the souls who shared our journey. Their love lives.

Employee Responsibilties?

Q. What should I know about my reponsibilities as an employee?

A. The laws enforced by Equal Employment Opportunity Commission provide 3 basic guidelines:

1. Don't Discriminate

You should not treat your co-workers unfairly or harass them because of their race, skin color, national origin, sex (including pregnancy) religion, disability, or age (age 40 or older). For example, you should not tell sexual or racial jokes at work or tease people because they are different from you.

2. Report Discrimination

You should tell your company about any unfair treatment or harassment. Find out if your company has a policy on discrimination that specifies who you should contact about these issues.

3. Request Workplace Changes

You have a responsibility to tell your company if you need a workplace change because of your religious beliefs or medical condition. Your request does not have to be in writing, but you must provide enough information so your company can determine how to help you.

Source: EEOC, Youth At Work

Job Opportunities at the Department of Labor?

Q: How can I find out about employment opportunities at DOL?

A: You can find listings of current job openings, details about pay and benefits, and information for college students preparing to enter the workforce on the Department of Labor's Job Opportunities Web site.

Ban Twitter at Work?

Q. I work at a large hotel chain, and my company is saying we can't Twitter at work. Whatever happened to the First Amendment and freedom of speech? Can my boss ban Twitter at work?

A. Generally, yes. Assuming you are employed by a private employer and not a governmental entity, you essentially have no First Amendment rights at work. Sounds harsh, and many employees are surprised to learn of this, but generally speaking the First Amendment only prohibits the government from interfering with your freedom of speech. It does not usually apply to private employers.

At this time, there is no federal law preventing your boss from banning Twitter at work. Many employers are updating their policies, given the new technologies available to workers. Some employers are implementing policies to ban social networking tools based on concerns of employee productivity and to protect confidential company information. It is always important for employees to know the policies of their companies, so it's critical for employees to keep updated and read employer policies and the employee handbook.

Is it wise to ban Twitter at work? Maybe, maybe not. But so far, there is nothing stopping employers from stopping the Tweets.

Ban Employees from Wage Talk?

Q. Can my employer prohibit me from talking about my wages at work?

A. Generally, no, if you work in Colorado and if the Colorado law prohibiting what I call "salary gag orders" applies in your case. Employers nationwide often have had policies prohibiting or restricting their employees from talking about wages. But the Colorado "Wage Transparency Act" prohibits employers from taking adverse actions against employees who discuss their wages with others. The law also prohibits making nondisclosure of wages a condition of employment. This law, however, does not apply to employers exempt from the federal Fair Labor Standards Act.

The law is part of the Colorado Anti-Discrimination Act:

C.R.S. 24-34-402

(1) It shall be a discriminatory or unfair employment practice:

		(i) Unless otherwise permitted by federal law, for an employer to discharge, discipline, discriminate against, coerce, intimidate, threaten, or interfere with any employee or other person because the employee inquired about, disclosed, compared, or otherwise discussed the employee's wages; to require as a condition of employment nondisclosure by an employee of his or her wages; or to require an employee to sign a waiver or other document that purports to deny an employee the right to disclose his or her wage information. This paragraph (i) shall not apply to employers who are exempt from the provisions of the "National Labor Relations Act", 29 U.S.C. sec. 151 et seq.

Protection for Non-Citizens?

Q. Am I protected by U.S. discrimination laws if I am not a U.S. citizen or if I do not have proper work authorization?

A. Yes. The federal discrimination laws protect all job applicants and employees, regardless of citizenship or work authorization, according to the US EEOC.

Men Protected from Harassment Too?

Q. Are men protected from sex harassment?

A. Yes. Both men and women are protected from workplace harassment on the basis of sex, according to the EEOC.

Off-site harassment?

Q. Does harassment have to occur at work for it to be illegal?

A. No. Federal law protects you from job discrimination and harassment, whether it occurs on or off the work site. For example, you may have a potential claim for sexual harassment if your manager pressures you for dates while at a work-related conference, according to the EEOC.

Deny COBRA subsidy?

Q. My former employer says I don't qualify for the stimulus COBRA health insurance subsidy because I earned too much. He says they won't approve me based on my prior salary. I thought I qualified for the 65% subsidy since I was recently laid off. Can my (former) boss really do this?

A. Yes, under some circumstances. This subsidy phases out for individuals whose modified adjusted gross income exceeds $125,000, or $250,000 for those filing joint returns. Taxpayers with modified adjusted gross income exceeding $145,000, or $290,000 for those filing joint returns, do not qualify for the subsidy, according to the IRS. More information on the COBRA subsidy is available from the U.S. Department of Labor.

If you believe you have been inappropriately denied eligibility for the premium reduction, you may wish to speak with a US Department of Labor Employee Benefits Security Administration Benefits Advisor at 1.866.444.3272.

Pay COBRA subsidy directly to me?

Q. I have heard that the stimulus package signed by President Obama includes a temporary COBRA premium reduction for my health insurance after my lay off from my job. I understand that if I qualify, I pay 35% of my COBRA premiums, and there is a 65% subsidy. How does the 65% premium subsidy get paid to me?

A. You will not receive a payment, according to the US Department of Labor. Assistance Eligible Individuals are responsible for paying only 35% of the COBRA premium for the period of coverage.

The remaining 65% of the premium is reimbursed directly to the employer, plan administrator, or insurance company through a payroll tax credit. For more information about the stimulus COBRA subsidy see the Department of Labor's FAQs.

Force Pregnancy Leave?

Q. If an employee has been absent from work as a result of a pregnancy-related condition and recovers, may her employer require her to remain on leave until after her baby is born?

A. No. An employee must be permitted to work at all times during pregnancy when she is able to perform her job, if she works for an employer covered by Title VII of the Civil Rights Act of 1964.

Source: EEOC Regulations, 29 C.F.R Part 1604.11

Religious accommodation?

Q. What are common methods of religious accommodation in the workplace?

A. Title VII protects all aspects of religious observance and practice as well as belief and defines religion very broadly for purposes of determining what the law covers. For purposes of Title VII, religion includes not only traditional, organized religions such as Christianity, Judaism, Islam, Hinduism, and Buddhism, but also religious beliefs that are new, uncommon, not part of a formal church or sect, only subscribed to by a small number of people, or that seem illogical or unreasonable to others. An employee’s belief or practice can be “religious” under Title VII even if the employee is affiliated with a religious group that does not espouse or recognize that individual’s belief or practice, or if few – or no – other people adhere to it.

Title VII’s protections also extend to those who are discriminated against or need accommodation because they profess no religious beliefs.

Title VII requires an employer, once on notice that a religious accommodation is needed, to reasonably accommodate an employee whose sincerely held religious belief, practice, or observance conflicts with a work requirement, unless doing so would pose an undue hardship.

Under Title VII, an employer or other covered entity may use a variety of methods to provide reasonable accommodations to its employees. Some of the most common methods are:

* Scheduling changes, voluntary substitutes, and shift swaps
* Changing an employee’s job tasks or providing a lateral transfer
* Making an exception to dress and grooming rules
* Use of the work facility for a religious observance
* Accommodations relating to payment of union dues or agency fees
* Accommodating prayer, proselytizing, and other forms of religious expression

Similarly, according to the EEOC, requests for accommodation of a “religious” belief or practice could include, for example: a Catholic employee requesting a schedule change so that he can attend church services on Good Friday; a Muslim employee requesting an exception to the company’s dress and grooming code allowing her to wear her headscarf, or a Hindu employee requesting an exception allowing her to wear her bindi (religious forehead marking); an atheist asking to be excused from the religious invocation offered at the beginning of staff meetings; an adherent to Native American spiritual beliefs seeking unpaid leave to attend a ritual ceremony; or an employee who identifies as Christian but is not affiliated with a particular sect or denomination requests accommodation of his religious belief that working on his Sabbath is prohibited.

For more information see the EEOC's Questions and Answers: Religious Discrimination in the Workplace

Pay Overtime?

Q: When is overtime due?

A: According to the US Department of Labor, for covered, nonexempt employees, the Fair Labor Standards Act (FLSA) requires overtime pay at a rate of not less than one and one-half times an employee's regular rate of pay after 40 hours of work in a workweek.

Some exceptions to the 40 hours per week standard apply under special circumstances to police officers and firefighters employed by public agencies and to employees of hospitals and nursing homes.

Some states also have enacted overtime laws. Where an employee is subject to both the state and federal overtime laws, the employee is entitled to overtime according to the higher standard (i.e., the standard that will provide the higher rate of pay).