Employee's lawsuit is distracting, expensive, and can be avoided mostly. Study of jury verdict The 2007 edition "Employment Practice Responsibility, Trends of the Jury Awards, Statistics" highlights employment statistics and trends to know.
Employee lawsuits have increased by 400% over the past two decades, reaching 6.5 claims per 1,000 current employees
- The most common goal of federal discrimination claims is private employers (41.5%) with 15 to 100 employees, and secondly private companies (23.9%) with 500 employees. The third is a private enterprise (18%) with 100 to 500 employees
- In any lawsuit filed in the federal court, the probability of a prize of more than $ 1 million is 16% and the likelihood of a prize of more than $ 100,000 is 67%. Lawyer fees are not included
- The average compensation award in all Federal court employment cases is $ 493,534, reflecting a 45% increase since 2000. The compensation award does not include punitive damages or attorney fees
- In state courts, compensation awards increased by 39%, while inappropriate exit litigation increased by 260%
- When the employment law is tried, the plaintiff is 67% in the state court, 63% in the federal court,
- The cost of resolving employment lawsuits has increased significantly from the average of $ 130,476 in 2001 to $ 310,845 in 2006, over the past five years
These general statistics calm down and cause concern for all organizations. Combining them is a recent change in federal and state law that affect almost all organizations. Organizations that minimize risk in the employment environment that will increasingly benefit employers must understand recent changes in the American Disability Act (ADA) and family and Medical Leave Act (FMLA) regulations . Employers need to take immediate measures to ensure they comply with the new law to protect themselves from future responsibilities.
What kind of amendment to the American Persons with Disabilities Act (ADA) 2009 needs to be understood?
ADA requires employers with more than 15 employees to provide equal opportunities for disabled qualified persons to benefit from employment-related opportunities. We prohibit discrimination against recruitment, employment, promotion, training, wages, social activities and other employment privileges. Furthermore, Rational accommodation Regardless of the physical or mental limitations of qualified individuals with other obstacles, it will not cause excessive hardship to the employer.
The ADA amendment that is effective from 1 January 2009 clarifies that the ADA reverses the sentence of the Supreme Court and intends to expand the scope of employee protection. In general, we will expose existing definitions to more employees. For many employers, existing policies and procedures may no longer be effective or useful in determining the practice of personnel systems.
Specific 2009 ADA change:
- Organizations can not consider measures such as medications or other means of treating illness in judging whether an individual has a disability.
- Expand the definition of disability in addition to what it might have on the obstacles Major living activities ,It contains Key body functions It includes functions such as normal cell proliferation, gastrointestinal, intestinal, bladder, nervous system, brain, respiratory system, cardiovascular system, endocrine system, and reproductive function.
- Clarify that it is a fault Episodic Or Remission It is practically Major living activities When active.
- One of the definitions of obstacles, "one that is considered to have a disadvantage" is actually Major living activities .
FMLA will provide up to 12 weeks of accrued, work-protection term vacation for qualified employees for the 12-month period of the employer hiring 50 or more employees. You can leave for child adoption or childbirth or placement for care. A serious health condition of an employee's spouse, son, daughter, or parent. Employee's serious health condition that prevents employees from fulfilling the functions of employees' work.
This new rule, which came into effect on January 16, 2009, Military caregivers vacation And Qualified emergency departure We reviewed and clarified existing regulations. In the case of active or reserve military personnel, or active or active army family members, these changes require current personnel practices related to procedures / forms, training / communication, policy changes, and employee vacation.
Specific 2009 FMLA change:
- provide Military caregivers vacation, Employees who are spouses, sons, daughters, parents, or relatives of service member of severe injury or illness will be able to work a total of 26 unpaid leave in 12 months.
- Offer Qualified emergency departure To receive an unprotected vacation for employees' spouses, children, or parents on active service or for employees convened in active service to support emergency response operations for a period of up to 12 weeks I can. This vacation includes short-term detention, military events and related activities, parenting and school activities for those who can not do self-care, creation or updating of financial and legal arrangements, short-term temporary rest and restoration vacation deployment , Post-deployment activities, and other activities arising from active duties of active troops or active calls.
- 5 days to the employer Eligible notification Regarding the possibility that employee's FMLA withdrawal request or employee's turnover may qualify for FMLA
- Change the time requirements and procedures of the medical certificate.
- Specifies that light work work is not counted for FMLA leave quota.
- If the employee is unable to issue a notice 30 days before the holiday, clarify that the employee needs to explain the reason for requiring a job leave.
- Clarify that an employer may request a service certificate in some cases.
- Employers may postpone or dismiss FMLA's vacation to employees who do not unreasonably comply with notice of vacation request and procedural requirements.
- Employees must submit notification of the need for qualified emergency suspension as soon as possible.
- In addition to ADA and FMLA changes, other laws and changes may require changes to existing policies, procedures, and personnel practices.
- In order to obtain the status of an independent contractor, from January 1, 2009, it is necessary to obtain an independent contractor exemption certificate from Minnesota State Department of Labor. Employers in some industries need to pay wages to workers. Unemployment insurance, other benefits can be obtained by anyone without a certificate.
- From February 2, 2009, all employers must use the new I-9 form.
- Since November 2009, the 2008 genetic information non-discrimination law is unlawfully treated by employers and medical insurers due to DNA differences that may affect their health .
- From January 1, 2008, the employer will give employees Person recorded image .
- In 2008 the Minnesota Supreme Court clarifies that the Minnesota State wage law requires employers to pay leave to employees who have retired only if there is a promise to pay. There is no longer the right to get an unpaid vacation at the end of employment.
What should the employer do?
In the event of many changes, employers must act quickly to align policies, procedures and practices with these changes. Every employee at least in Minnesota should conduct recruitment, selection, training, promotion, performance evaluation, and a thorough review of the HRIS system to ensure compliance. All employee and administrator handbooks, forms, website information etc. must be adapted to these changes.
What policy change should be implemented?
- Review and revise all policies to reflect changes in ADA, FMLA, and other laws.
- Make sure your organization's procedures and forms reflect the latest changes
- Establish procedures for responding to ADA accommodation requests
- Revise the FMLA notice. Notifications can be obtained from the Department of Labor (http://www.dol.gov/whd/index.htm).
- Remove the request for the type of vacation and revise the medical certificate to obtain the necessary additional information
- Revise employee handbook and policy on FMLA's separation. We set out concrete procedures for employees to report on vacation
- Teach you how to judge when a reasonable adjustment is necessary
- Document all interactive discussions and decisions on accommodation in ADA
- Teach administrators to deal with situations that may be related to disability, especially situations where employees are deemed to be considered disabled
- Prepare the duties of each duties Essential duties Includes minimal physical requirements including certificate of performance of each EJF's obligations
- Change to new military leaf training and regulation
- Track the use of notification date and FMLA vacation
- Confirm that the manager recognizes the situation of the problem and receives proper training to follow the existing procedure
- Survey all concerns thoroughly
- Document the dialogue of each step of the FMLA process and all employees who fall under the ADA method or FMLA method
For many organizations, the next step is to seek professional assistance. Consulting firms familiar with employment law help to identify ways to reduce the cost of the whole program while significantly improving costs.
