Employment Law | Human Resources | BYU-Idaho

# Employment Law

The Employment Law Training Series consists of monthly training on designated employment laws relevant to managers at BYU-Idaho.

The training is designed to target all employees who have any degree of supervision over others. PowerPoint presentations of employment law trainings are available below. Where possible, however, Human Resources strongly advises that employees attend an upcoming live training on these topics over merely reviewing the PowerPoints.

Title VII of the Civil Rights Act

FLSA 1

FLSA 2

FLSA 3

FMLA

Student Employment

Copyright Laws

Title VII of the Civil Rights Act

FLSA 1

FLSA 2

FLSA 3

FMLA

Student Employment

Copyright Laws

Title VII of the Civil Rights Act

FLSA 1

FLSA 2

FLSA 3

FMLA

Student Employment

Copyright Laws

## Title VII of the Civil Rights Act

This particular law is one of the most impactful pieces of legislation in regard to equal treatment of all people in the workplace. It protects against multiple types of discrimination. Supervisors, in particular, will find the content relevant to their roles. If you supervise student employees or have an interest in future leadership opportunities, then you are encouraged to attend this training.

Historical background information, along with current case law, will be presented. We will also focus discussion on its relevance to BYU-Idaho, including certain policies and employment actions commonly faced in leadership roles. This training is part of an employment law training series currently underway for management. All employees interested are also encouraged to attend.

****Training Resources****

Title VII

## Fair Labor Standards Act (FLSA) - Part 1

The FLSA is a landmark law in the nation's social and economic development. Initially established in 1938 to recover from effects of the Great Depression and decades of repressive employment practices, this law has undergone multiple and significant updates over the years to keep up with the changing workplace conditions. But has it kept up? Many argue that there are multiple aspects of this law that seem too rigid for today's workplace. We'll discuss these topics.

In addition, the FLSA is the prominent wage-hour law with deep connections to Internal Revenue Code, defines minimum wage and overtime requirements, establishes work-hour reporting requirements along with so many other topics applicable to compensation and related matters, including contract pay, comp time, travel time, salaried vs. hourly pay, etc. Of particular interest will be those conditions in which individuals are exempt from certain aspects of the law.This training will address differences between administrative and staff employees, specific exemption categories, common BYU-Idaho practices that are direct violations of this law, how to determine a volunteer from an employee, and many other subjects.

****Training Resources****

FLSA prt. 1

## Fair Labor Standards Act (FLSA) - Part 2

This training builds on Part 1. It is recommended though not required, that you attend a training on Part 1 before this training. Specific topics covered in Part 2 include:

1. Independent Contractors vs. Employees - What are the differences in these employer relationships as defined by the FLSA and the IRS?
2. Volunteers vs. Employees - What are the regulations and guidelines that most directly speak to the volunteer role within the private business sector?
3. Unpaid Interns vs. Employees
4. Compensating via Scholarships or Academic Credit instead of Income
5. FLSA Exemptions - Under what circumstances can an employer exempt an employee from overtime and record-keeping requirements of the FLSA? In other words, what are the differences between administrative, faculty, and staff employees, and why are some treated differently with regard to pay and scheduling as outlined by the FLSA?

****Training Resources****

FLSA prt. 2

## Fair Labor Standards Act (FLSA) - Part 3

This training is the third of three trainings dealing with the FLSA. This training focuses on exemptions to the FLSA. Specific topics include:

1. Exemptions to the FLSA and associated standards
2. Dual roles for one employer; e.g., staff working as adjunct faculty
3. Impacts of an exemption on an employee and company
4. University policies for exempt and non-exempt employees
5. The current legal landscape surrounding FLSA exemptions
6. Common workplace challenges surrounding exemptions to the FLSA

Who should attend? All individuals with stewardship over people are encouraged to attend this and the other two parts of the FLSA training. Why should you attend? -- To be more informed and aware of issues you may face that pertain to this law, seek proper counsel in the decision-making process, and to better understand the reasons for certain decisions and the processes employed in making these decisions.

****Training Resources****

FLSA prt. 3

## Family and Medical leave Act (FMLA) - Long Term Disability (LTD)

The FMLA protects both the employee and employer in cases where medical or family issues conflict with one's work obligations. But when does FMLA apply, and under what circumstances? And how do managers navigate work requirements when their employees claim conflicting illness or family priorities? Numerous legal landmines surround this law, particularly in regard to how managers respond to FMLA leaves before, during, and after such leaves.

This discussion will include long-term disability and some reference to the Americans with Disabilities Act (ADA) which merits its own discussion at a future date. All employees are encouraged to attend this training as both the FMLA and LTD benefits could, at some point, apply to their personal lives and professional stewardships. This training is part of an employment law training series currently underway for management. All employees interested are also encouraged to attend.

****Training Resources****

- FMLA Employee Guide
- FMLA Fact Sheet
- FMLA Employee Accomodation

## Student Employment

BYU-Idaho currently employs around 3,500 students each semester. This number continues to increase. There are more student employees on campus than all other employees combined. Students fill numerous roles - typical student jobs, internships, volunteers, practicums. Some students have multiple roles and work for multiple departments simultaneously. Employment laws and IRS regulations apply in some cases and not in others. Indeed, the student employment arena is quite diverse and can get rather complex given the varied circumstances.

Human Resources, in conjunction with the Payroll and International Services departments, will provide you with tools to assist in every phase of the employment cycle for student employees. You'll leave this training more aware of pertinent employment laws and IRS regulations, why things should be done in a particular order, relevant policies and their application, and common areas of non-compliance evidenced every pay period. You'll also walk away with tools for recruiting students, managing varied work schedules and handling escalating personnel issues. You will also gain perspective from colleagues on how to improve the quality of the student experience in your work areas with a collective interest in building student employment models across campus. This training will cover questions such as:

- How is student employment different from full-time and part-time employment by way of benefits, policies and law?
- How effectively are we using this tremendous resource and talent base across campus? What are our strengths? What are our weaknesses?
- What employment laws apply to students? Are you aware of what they are and how they apply? How about the implications for falling outside of them?
- How about the IRS regulatory environment?
- Are you aware that certain practices could jeopardize the visa status of international students?
- What is the university protocol for managing conflict and performance concerns?
- Why do we limit student work schedules to 20 hours per week? And how are exceptions to policy handled these days?
- How does the new healthcare law (ACA) interact with student employment?
- What policies exist for student employees and why?

All employees involved in recruiting, hiring and supervising students, or who have regular interaction with students are highly encouraged to attend this training.

## Copyright Laws

For information or assistance, please contact: 
Nate Wise -****BYU-Idaho Digital Content/Intellectual Property Rights Specialist****

You can also visit: 
BYU-Idaho Copyright Website 
McKay Library Resource Page