The employer has an established protocol for dealing with allegations of sexual harassment, and a sexual harassment complaint triggers protections for the employee. An employee engaging in sexual harassment of any other employees, clients, or business associates of the employer, will be disciplined. Any employee engaging in sexual harassment who has been notified by the victim, a supervisor, or any other employee of the employer, that such conduct is unwanted and harassing, who continues that activity will be subject to immediate termination.
Affirmative action refers to programs aimed at guaranteeing that employers adhere to state and Federal anti-discrimination lawsuits. Some people are concerned that affirmative action programs discriminate against majorities because they impermissibly consider race or gender in the hiring process, a position that is generally rejected by the EEOC. Because this employer has found that it can achieve and maintain a diverse workplace without the use of affirmative action programs, it does not have an active affirmative action program. However, the employer reserves the right to institute affirmative action programs at any time, if it needs to do so in order to achieve or maintain a diverse workplace environment.
The Family Medical Leave Act (FMLA) allows eligible employees to take up to 12 weeks off of work in a 12-month period for the birth or adoption of a child, to care for a family member, or because of a health condition. Eligible employees are employees who have worked for the employer for 12 months, whether consecutive or non-consecutive, as a full-time employee.
FMLA leave does not have to be taken consecutively, but can be taken intermittently. Employees on FMLA leave have a right to maintain their benefits, but may be required to pay for their portion of those benefits while on leave. Employees taking FMLA leave have the right to return to the same or an equivalent position at the conclusion of such leave. If an employee is married to another employee, only one of those employees may take 12 weeks of FMLA leave for the same event. For foreseeable events, such as the full-term birth of a child, the employee needs to contact Human Resources at least 30 days in advance of the event, and may need to provide medical certification.
If an employee fails to provide advance notice of the foreseeable event, then the employer can delay the start of FMLA leave for 30 days. At the conclusion of the leave, the employer can require a certificate of fitness to return to work.
Unions and Collective Bargaining Agreements
At this time, the employer is a non-union employer and is not subject to any laws or regulations covering unionization or collective bargaining agreements.
All employees, whether full time or part time employees, and whether paid hourly or on-salary, are eligible to participate in the employer’s company benefits program. These benefits include health insurance benefits, life insurance benefits, retirement savings plans, flexible spending accounts for health expenses and childcare, reduced gym-memberships. The employee cost for these programs varies depending on the nature of employment and the individual benefit package, and employees should contact Human Resources for a full explanation of these benefits. Employees may only opt-in to benefits at the beginning of employment, at the beginning of each calendar year, or when faced with a life-changing event, like a birth or death.
This employer carried workers’ compensation benefits. Eligible employees who are injured in the course of employment are generally entitled to payment of medical expenses, partial wage replacement, and job retraining. Surviving dependents of an eligible employee killed in the course of employment are entitled to survivor benefits. Workers’ compensation benefits can be based on temporary or permanent, partial or total disabilities. There is a state cap on the total amount of Workers’ compensation that an employee may receive.
Wage and Hour Regulation
The national minimum wage is $6.55 per hour, effective July 24, 2008, and all employees are guaranteed to receive minimum wage. Under the Fair Labor Standards Act of 1938, workers working more than 40 hours a week are entitled to overtime pay, which is payable at a rate of 1.5 times the employee’s normal pay. Workers over the age of 16 may be required to work mandatory overtime at certain times of the year.
For the purposes of determining overtime pay, all employee workweeks are calculated from 12:00am Sunday morning until 11:59pm Saturday night. Salaried employees are exempt from eligibility for overtime pay. Overtime pay must be paid on the paycheck reflecting the week in which it was earned. The employer recognizes several paid holidays, including: New Year’s Day, the Friday before Easter, Memorial Day, the Fourth of July, Labor Day, Thanksgiving Day, the Friday following Thanksgiving, Christmas Eve, Christmas, and New Year’s Eve. Employees working those holidays will receive overtime pay, in addition to their choice of an alternate day-off within a two-week period of the holiday. Employee paychecks will be issued bi-weekly, on Fridays, and will reflect the two-week period extending from three Sundays prior to the paycheck being issued until the Saturday before the paycheck is issued.
Upon termination, whether by the employee or the employer, the employee will be entitled to receive his or her normal paycheck on or before the scheduled payday corresponding to the employee’s last day of work. Employees who are terminated will receive their final paychecks within 24 hours of termination, and employees who provide two-weeks notice of their intention to resign will receive their final paychecks on the effective date of their resignation.
Accrued vacation days will be paid as part of the final paycheck.
Occupational Safety and Health Act
This employer is committed to providing a safe working environment, in accordance with the requirements of the Occupational Safety and Health Act of 1970 (OSHA). This employee will pay for any safety equipment required by employees. Any employee noticing a violation of any OSHA safety requirements should report such a violation to the CSO, chief safety officer. Employees may also anonymously report violations to OSHA. OSHA requirements and reporting information may be found at www.osha.gov.
EEOC v. Waffle House, Inc., 122 S. Ct. 754 (2002).
EmployeeIssues.com. “Whistleblower Protection.” Retaliation. 2008. EmployeeIssues.com. 22