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Governing Federal Regulations

As an employer and government contractor, the University of North Texas Health Science Center is subject to the provisions of a number of federal laws and regulations relating to fair employment practices. Principal among these are:

1. THE FAIR LABOR STANDARDS ACT AS AMENDED - The University of North Texas Health Science Center adheres to the provisions of the Fair Labor Standards Act which specifies certain requirements for the institution as an Employer in terms of determining hours worked, minimum pay, and overtime Payment provisions.

  a.

Overtime Provisions - The FLSA stipulates that certain employee Groups which meet prescribed tests will be considered to be "exempt" From the overtime provisions of the law based on their administrative, Executive, or professional status. Those employees who do not qualify For the exempt status are considered to be "covered" or "non-exempt" Employees, and the Act provides that such employees must be Compensated at the rate of time and one-half for all time worked in Excess of 40 hours per week. It will be the responsibility of the Department head to record accurately all overtime of "covered" Employees and to report such overtime to the Payroll Department on The prescribed time sheets. Overtime, if required, shall be performed Only upon the recommendation of the immediate supervisor after prior Approval by the appropriate officials. To assist in determining which Positions are covered by the overtime provisions of the Fair Labor Standards Act, the Pay Plan indicates by the letter "N" after each title Those positions which have been determined non-exempt.

If there are any questions pertaining to the interpretation of covered or Exempt positions, please do not hesitate to call Human Resource Services For clarification.

  b. Child Labor Provision - Protects young persons who may be employed By establishing a minimum age for employment in non-agricultural Occupations declared hazardous. The employment of minors will be Limited to those who have attained the age of 15 on the date of appointment. Compliance with the provisions of the Fair Labor Standards Act requires a Federal Certificate of Age from the Wage and Hour Office of the U.S. Department of Labor be obtained for all employees in the 15-19 age category. The Act applies to all categories of employees whether in an exempt professional, administrative, or executive status, or in non- Exempt (covered) positions, as these categories are defined in the Act.

2. EQUAL PAY ACT OF 1963 - Stipulates that employees performing Substantially the same work, requiring equal skill, effort and responsibility, And, performing work in similar conditions, must be paid the same rate of Pay, regardless of sex.

3. AGE DISCRIMINATION IN EMPLOYMENT ACT - Specifically protects employees and applicants over 40 by prohibiting employers from refusing or failing to hire, discharging, or otherwise discriminating against them solely because of their age.

4.

EQUAL EMPLOYMENT OPPORTUNITY - The University of North Health Science Center is subject to and complies with the following federal laws in implementing regulations concerning equal employment and affirmative action.

  a. Title VII of the Civil Rights Act of 1964, as amended - Stipulates That an employer may not discriminate on the basis of race, religion, color, sex, national origin, or age.

  b. Executive Order # 11246 as amended - Prohibits discrimination in Employment and requires both an affirmative action plan to be filed and an affirmative action stance by federal contractors.

  c. Rehabilitation Act of 1973, Section 504 - Prohibits discrimination Against any employee or applicant for employment because of physical or mental disabilities in regard to any position for which the employee or applicant is qualified.

5. IMMIGRATION REFORM AND CONTROL ACT OF 1986 - Requires Employers to verify and document the identity and employment eligibilty of all new employees.

6. AMERICANS WITH DISABILITES ACT, 1990 - Forbids discrimination Against disabled persons, or those perceived to be disabled. Requires employers to consider whether reasonable accommodation could remove a barrier to an employment opportunity when an individual's disability creates a barrier.

7. CIVIL RIGHTS ACT OF 1991 - Amends numerous federal Civil Rights Laws, including the Civil Rights Act of 1966, 1970, 1971, Title VII, ADEA, and the ADA. The Act expands Title VII and ADA in cases involving intentional discrimination to include compensatory and punitive damages and jury trials. Extends Title VII of the CRA and Title I of the ADA to United States citizens working in foreign countries.

Copies of the above documents are available in the Office of the Executive Director of Human Resource Services/ EEO for review by any interested employee or job applicant.

Should any questions arise concerning applicability of the above federal regulations, or institutional policies, please contact Human Resource Services at 735-2690.

 


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