Employment Law Practice and Procedures

Ara A. Hatamian is a Juris Doctorate degreed Advocate for the Los Angeles County Sheriff’s Department (LASD), specializing in the discipline of civilian and sworn personnel.  Mr. Hatamian was also a former Civil Service Commissioner for the City of Glendale, CA. Prior to his appointment as an Advocate and City Commissioner, Mr. Hatamian worked for the Los Angeles County District Attorney’s Office assisting in the prosecution of criminal defendants in the County of Los Angeles. Mr. Hatamian prides himself as a civil servant and has volunteered teaching intercity fifth graders about crime prevention.

Mr. Hatamian’s true passion is teaching. Since 2005, he has taught several different college level legal courses as a lead instructor, earning the teacher of the year award. Recently he was accepted into the prestigious International Network to Promote the Rule of Law (INPROL), located in Washington D.C. Mr. Hatamian is looking forward to contributing to the international community by enforcing discipline in law enforcement agencies across the globe. 

As a legal professional in executive management, Mr. Hatamian has experience both in the private sector and the government sector. The majority of Mr. Hatamian’s experience consists of Criminal Law, Torts Law, Civil Service and Administrative Law, and matters of Civil Rights. His contribution to Civil Rights has been recognized by the Museum of Tolerance, with the inclusion of his name on the Wall of Tolerance in Montgomery Alabama.

On his free time, Mr. Hatamian enjoys spending time and traveling with his wife and two adorable daughters. Mr. Hatamian’s favorite quote is "Choose a career path you love and you will never have to work a day in your life.”

PART I–INTRODUCTION

CHAPTER 1 An Overview and History of Employment Law 1

Introduction to Employment Law 1

Jobs for Employment Law Professionals 1

General Information for Your First Day on the Job 2

Paralegals and Their Duties 3

The U.S. Constitution and the History of Employment Law 3

The U.S. Constitution 3

Legislative History of Employment Law 4

Summary 9

Key Terms 9

Review Questions 9

Critical Thinking Questions 9

Workplace Projects 10

APPENDIX I Transcript of Constitution of the United States (1787) 11

CHAPTER 2 Ethical Obligations of Paralegals 20

Introduction to Ethics–rules of Professional Conduct 20

Ethical Obligations 20

Duty of Confidentiality 21

Misrepresentation 21

Client Relationship 22

Unauthorized Practice of Law 22

Conflict of Interest: Duty of Loyalty 22

Corporations 23

Fee Agreements 23

Fee Agreements and Monetary Issues 23

Summary 26

Key Terms 27

Review Questions 27

Critical Thinking Questions 27

Workplace Projects 27

APPENDIX II california rules of professional conduct 29

PART II–EMPLOYER—EMPLOYEE RELATIONSHIP

CHAPTER 3 Establishment of The Employer—Employee Relationship 62

Introduction to Employment Relationships 62

Types of Employment Relationships 62

Temporary Employment 62

At-Will Employment 64

Part-Time versus Full-Time Employment 65

Government Employment: Civilian/Sworn 65

Additional Areas of Consideration 67

Vicarious Liability: Respondeat Superior 67

Independent Contractor 67

Establishment of Employment Relationships 69

The Employment Process 70

Introduction 70

Expectations 70

Beginning of the Employment Relationship 71

Maintenance of the Employment Relationship 72

Growth, Decline, and End of the Employment Relationship 72

Additional Areas of Consideration For Employees 72

Stability and Pay 72

Performance 73

Retirement Accounts and Pensions 73

Additional Areas of Consideration for Employers 73

Meeting Organizational Goals 73

Liability Risks 74

Summary 74

Key Terms 74

Review Questions 74

Critical Thinking Questions 75

Workplace Projects 75

APPENDIX III California Government Code Peace Officers Bill of Rights 3300—3313 76

CHAPTER 4 Unions and Collective Bargaining 83

Introduction to Unions and Collective Bargaining 83

Historical Events Contributing to Union Formation 83

Employee Rights Under the National Labor Relations Act 84

Protections Provided by the NLRA 84

Prohibitions on Employers for ULPs by the NLRA 85

The Purpose of Unions 86

The Primary Functions of Unions 86

Collective Bargaining 87

Memorandum of Understandings 90

Summary 90

Key Terms 90

Review Questions 90

Critical Thinking Questions 91

Workplace Projects 91

APPENDIX IV National Labor Relations Act 92

PART III–FEDERAL AND STATE LAWS

CHAPTER 5 Wage/Hour Laws and The Affordable Care Act 120

Introduction–Wage/Hour Laws and The Affordable Care Act 120

Wage and Hour Requirements: FLSA and EPA 120

Exempt and Nonexempt Employment 120

Work Hours 121

Minimum Wage Laws 122

Overtime Pay 123

Pay Equality 126

Benefits 126

Holiday Pay 127

Severance Pay 127

Remedies and Penalties/Sanctions 127

Affordable Care Act 128

Summary 129

Key Terms 129

Review Questions 129

Critical Thinking Questions 129

Workplace Projects 129

CHAPTER 6 What Is The Family Medical Leave Act? 131

Brief History of FMLA 131

Introduction–Overview and Purpose of FMLA 131

Rights and Duties of Employers and Employees Under FMLA 132

Covered Employers and Eligible Employees–How to Qualify for FMLA? 132

What Is the Certification Process? 132

How Long Is the Employee Protected Under FMLA? 137

Duties Pertaining to Notices 137

Summary 138

Key Terms 138

Review Questions 138

Critical Thinking Questions 138

Workplace Projects 138

APPENDIX V Certification of Health Care Provider for Family Member’s Serious Health Condition 141

CHAPTER 7 What is The Americans with Disabilities Act? 145

Brief History of ADA 145

Introduction–Overview and Purpose of ADA 149

Preemployment Protections 150

Emerging ADA Issues 151

Rights and Duties of Employers and Employees Under ADA 152

Covered Employers and Eligible Employees–How to Qualify for ADA? 152

What Are Reasonable Accommodations? 152

Enforcement and Remedies of the ADA 153

Summary 153

Key Terms 153

Review Questions 153

Critical Thinking Questions 154

Workplace Projects 154

CHAPTER 8 Title VII–Equal Employment Opportunity (Civil Rights Act of 1964) 155

Brief History of Title VII 155

Introduction–Overview and Purpose of Title VII 156

Rights and Duties of Employers and Employees Under Title VII 156

Covered Employers and Eligible Employees–How to Qualify for Title VII? 156

Protected Classes Under Title VII: Civil Rights Act of 1964 157

Additional Limited Protected Classifications 166

Enforcement and Remedies of Title VII 166

Summary 166

Key Terms 167

Review Questions 167

Critical Thinking Questions 167

Workplace Projects 167

APPENDIX VI Civil Rights Act of 1964 172

APPENDIX VII Title VII–Equal Employment Opportunity 197

CHAPTER 9 What is the Occupational Safety and Health Administration? 209

Brief History of the Occupational Safety and Health Act of 1970 209

Introduction–Overview and Purpose of the Occupational Safety and Health Administration 210

Rights and Duties of Employers and Employees Under OSHA 210

Covered Employers and Eligible Employees Under OSHA 210

Rights and Duties of Eligible Employees 211

Rights and Duties of Covered Employers 211

Enforcement and Remedies Under OSHA 212

Summary 215

Key Terms 215

Review Questions 216

Critical Thinking Questions 216

Workplace Projects 216

CHAPTER 10 Workers’ Compensation 219

Brief History of Workers’ Compensation Law 219

Introduction–Overview and Purpose of Workers’ Compensation Law 222

Filing a Claim 222

Federal Workers’ Compensation Law–Office of Workers’ Compensation 223

Division of Energy Employees’ Occupational Illness Compensation 227

Division of Federal Employees’ Compensation 227

Division of Longshore and Harbor Workers’ Compensation 227

Division of Coal Mine Workers’ Compensation 227

State Workers’ Compensation Law 228

State-Funded Insurance 228

Private Insurance 229

Summary 230

Key Terms 230

Review Questions 230

Critical Thinking Questions 230

Workplace Projects 231

APPENDIX VIII Worker’s compensation forms 232

APPENDIX IX Claim Form for DEEOIC 238

CHAPTER 11 Unemployment Compensation 250

Brief History of Unemployment Compensation 250

Introduction–Overview and Purpose of Unemployment Compensation 254

Federal Workers Unemployment Compensation 255

State Workers’ Unemployment Compensation 255

Filing a Claim 255

Appeal Process 256

Additional Areas of Consideration 256

Summary 256

Key Terms 257

Review Questions 257

Critical Thinking Questions 257

Workplace Projects 257

APPENDIX X Unemployment Insurance Application 258

Glossary 265

Index 269

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