These materials are provided as general information only. No legal advice is being given by the Georgia Public Library Service, the Board of Regents of the University System of Georgia, or any other person. You should consult with your attorney on all legal matters.
Judging the Relevance and worth of ideas part 2.pptx
Top 10 Legal Concerns for Public Libraries, April 2014 New Directors Mtg
1. An Overview for New Directors
April 2014
Top Ten Legal
Concerns for Public
Libraries
2. Disclaimer
These materials are provided as general
information only.
No legal advice is being given by the Georgia
Public Library Service, the Board of Regents of
the University System of Georgia, or any other
person.
You should consult with your attorney on all legal
matters.
3. Legal Issues in Public Libraries—
where do they arise?
EMPLOYEES
ACCESS
5. Family Medical Leave Act
Mandatory 12 Week Leave--for certain
conditions/circumstances
Use In Conjunction with Accrued Leave
Employee may elect or employer may require
concurrent use of accrued leave
Comp time is NOT accrued leave
Cannot use accrued leave when receiving short-
term disability or worker’s comp
6. FMLA (cont’d)
Expiration of FMLA 12-week time period
Automatic termination policy:
May violate ADA because it fails to recognize the difference
in each employee’s circumstances
Communication with employee is critical
Document, document, document—even attempted
communication
Engage in “the Interactive Process”
Document how leave affects employer
7. Americans with Disabilities Act
Requires employer to provide reasonable
accommodations for qualified employees with a
disability
Determining if employee is disabled
Direct inquiry into health or medical condition
prohibited
But asking for basis for request for accommodation
and requiring documentation is necessary
Reasonable Accommodation
Leave—possibly in excess of FMLA’s 12 weeks
Job restructuring
Physical modifications to workspace
8. Fair Labor Standards Act
Requires employers to pay a minimum wage and
compensate workers for overtime at a rate of 1.5 X
hourly rate.
Comp time accrual—public employers
Must be 1.5 hours of comp time for each hour of
overtime worked
Burden is on employer to monitor hours worked
Either prevent employees from working OT or
compensate them
Independent Contractors v. Employees—what’s in a
name?
Critical issue is control: how much control do you
exercise over the individual’s schedule, work product,
time management?
9. Criminal Background Checks
Use of criminal background in making hiring
decisions under fire by EEOC
2012 EEOC issued new enforcement guidance
restricting use of arrest and conviction records in
employment decision
Disparate impact on minorities
EEOC has successfully sued Pepsi Beverages
($3.13 million); current litigation against BMW and
Dollar General
State of Texas has sued EEOC
10. Ga Security & Immigration
Compliance Act
Applies to all employees, but not volunteers
Applies to contractors performing physical
services
Landscape professionals
Pest control
Printer/copier repair
Does NOT apply to contractors providing goods
Book vendors
Office supply sales
11. Personnel Policies or
Employee Handbook
GUIDELINES FOR DEVELOPMENT AND
REVISION
Reflect library’s mission
Explain legal obligations and employee rights
Set forth expectations of employee conduct as
well as what the employee can anticipate from
the employer
12. Personnel Policies
Employee Handbook
MUST HAVES
Affirm at-will employment relationship
Dress code
Attendance and Leave
Limitation of hours worked
Use of comp time
How to invoke FMLA leave
What is required during FMLA leave
14. Laws Providing for Access to Library
First Amendment
According to the US Supreme Court, the public library
is “the quintessential locus of the receipt of
information.”
Americans with Disabilities Act
Title II prohibits public providers of programs and
services from (a) discriminating against “a qualified
individual with a disability;” and (b) excluding such
individual from participation in or denial of the
benefits of services, programs or activities.
15. Exceptions to Guaranteed
Access?
Illegal Activity
Child pornography
Bootleg DVDs
Wholesale copying
Misconduct
Consider progressive discipline
Overdue fines—debt not dischargable in bankruptcy
Accommodation impossible or unreasonable
ADA requires public service providers to make
reasonable accommodations
16. Policies Addressing Access
Issues
Guidelines for Development and Revision
Reflect library’s mission
Legitimate purpose
Specific
Uniform application
Proper communication
Due process
17. Sunshine Laws
According to the Supreme Court of Georgia, “Public
men and women are amenable at all times’ to the
people, they must conduct the public’s business
out in the open.”
Open Meetings
Notice
Executive Session—when and how
Open Records
3-day rule
Remember electronic data (email, texts) included
18. Summary
A step-by-step
approach to
dealing with
legal issues
Awareness
Don’t be caught by surprise;
anticipate issues before they arise
Planning
Form a strategy for addressing
common problems
Consistency
Apply policies and make decisions
even-handedly
19. Resources
Available on the Director’s Knowledge Base
Personnel Policies for Georgia Public Libraries
(May 2012)
Georgia’s Open Meetings/Open Records Laws
(Oct. 2012)
Legal Issues in Georgia’s Public Libraries, 2d Ed.
(Jan. 2013)
Case Studies, Part I (Sept. 2013)
Case Studies Part II (Dec. 2013)
20. Resources for Accessing GA Law
Library Laws at georgialibraries.org (updated
2013)
Entire Georgia code is available online
http://www.lexisnexis.com/hottopics/gacode/
General Assembly’s Website www.legis.ga.gov
Attorney General’s Website www.ga.law.gov
State Government Website www.ga.gov
Rules and regulations of State agencies filed with
the Secretary of State. Public access is available
at http://sos.georgia.gov/rules_regs.htm
21. Resource for Employment Law
The National Employer now available through
PINES
Overview of discrimination law
Survey of Ga. law on wrongful discharge
Employment torts
Hiring strategies
Employee handbook
Self-audit for personnel policies
Employee privacy
22. More Resources:
Federal Employment Law
EEOC: http://www.eeoc.gov/employers/
US Dept. of Labor:
http://www.dol.gov/odep/pubs/fact/overview.htm
In May 2010 Independent Study Presentation, I ID’d 2 areas from which lawsuits against libraries stem: employees & access.Since that time, I have done 9 more projects for GPLS addressing various legal topics and have consistently found that these are the areas from which nearly all questions spring.