Top areas for HR Professionals in ADAAA, FLSA, and I-9s.

1. Human Resources Best Practices
Kenneth M. McGee II, CIC
Vice President, Business Solutions
Clark-Mortenson Insurance

2. Overview
• Legislative Requirements
• Pitfalls
• Risk Management Best Practices
• What are the top areas we see violations and
employers struggle
• ADAAA, FLSA, Form I-9

3. Americans with Disabilities Act
Amendment Act (ADAAA)
• How are benefits continued during a leave of
absence?
• How must an individual request a reasonable
accommodation?
• What must an employer do after receiving a
request?
• May an employer ask for documentation?
• Is an employer required to provide the reasonable
accommodation the employee wants?

4. ADAAA (continued)
• How quickly must an employer respond to a
request?
• Can an employer penalize an employee for time
missed, for leave taken as a reasonable
accommodation?
• Must an employer allow an employee with a
disability to work a modified part time schedule?
• Is a probationary employee entitled to
re-assignment?
• Must an employer withhold discipline or
termination of an employee who violated a
conduct rule?

5. Fair Labor Standards Act
• Why are actual duties rather than job titles or
descriptions important when determining exemption?
• What does independent discretion and judgment and
matters of significance mean in the context of FLSA
exemptions?
• Why can’t an employer dock an exempt employee’s
pay for most partial day absences?
• In what situations may you dock an exempt
employee for a full day absence?

6. FLSA (continued)
• Can inside Sales employees be exempt?
• Break time for Nursing Mothers
• Are we required to provide rest and meal periods?
• Do we need to pay our employees when they attend
lectures, meetings, or training programs?
• When do we pay for travel time?
• When can I call them independent contractors?

7. Form I-9
• Employers should begin using the newly revised
Form I-9 (Rev. 03/08/13)N for all new hires and
re-verifications.
• Employers may continue to use previously accepted
revisions (Rev. 02/02/09)N and (Rev. 08/07/09)Y
until May 7, 2013.
• After May 7, 2013, employers must only use
Form I-9 (Rev. 03/08/13)N.

8. Form I-9 process

9. Form I-9 issues
• Do I need to complete a form I-9 for everyone who
applies for a job?
• Can I fire an employee who fails to produce the
required documents within three business days?
• May I specify which documents I will accept?
• What is my responsibility concerning the authenticity
of document(s) presented to me?

10. Form I-9 (continued)
• I noticed on the Form I-9, under List A, there are separate
spaces for document numbers and expiration dates.
• When I review an employees’ identity and employment
eligibility documents, should I make copies of them?
• What should I do if I rehire?
• What are the requirements for retention?
• Does the law apply to employees if I hired them before
November 7, 1986?
• May I continue to use earlier versions of the Form I-9?

11. Kenneth M. McGee II, CIC
Email me at: kmcgee@clark-mortenson.com
Follow me on Twitter: @skipmcgee30
Connect with me on FB at: facebook.com/KennethMcgeeII