Laws Relating to Employment Conditions and Benefits Section 21.1

Understanding Business and Personal Law Laws Relating to Employment Conditions and Benefits Section 21.1 Employment Protection and Equal Opportunity Section 21.1 Laws Relating to Employment Conditions and Benefits Section 21.2 Laws Regulating Employment Discrimination 21 Chapter Employment Protection and Equal Opportunity

Understanding Business and Personal Law Laws Relating to Employment Conditions and Benefits Section 21.1 Employment Protection and Equal Opportunity What You’ll Learn How to recognize the role that OSHA plays in ensuring workplace safety (p. 454) How to identify employers’ legal requirements with regard to wages and hours (p. 456)

Understanding Business and Personal Law Laws Relating to Employment Conditions and Benefits Section 21.1 Employment Protection and Equal Opportunity What You’ll Learn How to identify the statutes designed to protect employee privacy rights (p. 458) How to distinguish between unemployment compensation and workers’ compensation (pp )

Understanding Business and Personal Law Laws Relating to Employment Conditions and Benefits Section 21.1 Employment Protection and Equal Opportunity Why It’s Important Understanding the rights that are legally due to employees will help you determine your rights.

Understanding Business and Personal Law Laws Relating to Employment Conditions and Benefits Section 21.1 Employment Protection and Equal Opportunity Legal Terms Occupational Safety and Health Administration (OSHA) (p. 454) equal pay rule (p. 456) pension plan (p. 456)

Understanding Business and Personal Law Laws Relating to Employment Conditions and Benefits Section 21.1 Employment Protection and Equal Opportunity Legal Terms social security (p. 460) unemployment compensation (p. 461) workers’ compensation (p. 462)

Understanding Business and Personal Law Laws Relating to Employment Conditions and Benefits Section 21.1 Employment Protection and Equal Opportunity Employment Conditions Health and Safety Inspections Section Outline

Understanding Business and Personal Law Laws Relating to Employment Conditions and Benefits Section 21.1 Employment Protection and Equal Opportunity Wages, Hours, and Benefits Fair Labor Standards Act Equal Pay Act Employment Retirement Income Security Act Family and Medical Leave Act Section Outline

Understanding Business and Personal Law Laws Relating to Employment Conditions and Benefits Section 21.1 Employment Protection and Equal Opportunity Employee Privacy Rights Federal Privacy Act Drug-Free Workplace Act Employee Polygraph Protection Act Section Outline

Understanding Business and Personal Law Laws Relating to Employment Conditions and Benefits Section 21.1 Employment Protection and Equal Opportunity Laws Providing Worker Benefits Social Security Act Unemployment Compensation Laws Workers’ Compensation Laws Work Opportunity Laws Section Outline

Understanding Business and Personal Law Laws Relating to Employment Conditions and Benefits Section 21.1 Employment Protection and Equal Opportunity Pre-Learning Question Which employment conditions do you think are most important?

Understanding Business and Personal Law Laws Relating to Employment Conditions and Benefits Section 21.1 Employment Protection and Equal Opportunity Employment conditions can be divided into three areas: Employment Conditions Health and safety Right to fair wages and benefits Privacy rights

Understanding Business and Personal Law Laws Relating to Employment Conditions and Benefits Section 21.1 Employment Protection and Equal Opportunity The federal Occupational Safety and Health Act of 1970 was enacted by Congress to ensure that employees are protected in the workplace. Health and Safety

Understanding Business and Personal Law Laws Relating to Employment Conditions and Benefits Section 21.1 Employment Protection and Equal Opportunity The act established the Occupational Safety and Health Administration (OSHA), the agency within the federal government that sets safety and health standards for many companies within the United States. Health and Safety

Understanding Business and Personal Law Laws Relating to Employment Conditions and Benefits Section 21.1 Employment Protection and Equal Opportunity Businesses with 11 or more employees that engage in interstate commerce must meet OSHA’s health and safety standards. Health and Safety

Understanding Business and Personal Law Laws Relating to Employment Conditions and Benefits Section 21.1 Employment Protection and Equal Opportunity OSHA uses two approaches to accomplish its mission. Health and Safety 1.Imposes upon employers the affirmative duty to maintain a safe and healthy work environment.

Understanding Business and Personal Law Laws Relating to Employment Conditions and Benefits Section 21.1 Employment Protection and Equal Opportunity 2.Creates rules that outline the safety steps that businesses must maintain. Health and Safety

Understanding Business and Personal Law Laws Relating to Employment Conditions and Benefits Section 21.1 Employment Protection and Equal Opportunity To make certain that employers adhere to OSHA regulations, the agency randomly inspects workplaces. OSHA also endeavors to inspect a business when a death or a disaster has occurred, or after an employee files a complaint. Inspections

Understanding Business and Personal Law Laws Relating to Employment Conditions and Benefits Section 21.1 Employment Protection and Equal Opportunity The law protects employees who file OSHA complaints. Employers may be fined for each violation reported by an employee or discovered during an inspection. Inspections

Understanding Business and Personal Law Laws Relating to Employment Conditions and Benefits Section 21.1 Employment Protection and Equal Opportunity Pre-Learning Question How does the government regulate employee wages, hours, and benefits?

Understanding Business and Personal Law Laws Relating to Employment Conditions and Benefits Section 21.1 Employment Protection and Equal Opportunity In order to regulate wages, hours, and benefits, the government has passed several laws that set standards for employment in American business. Wages, Hours, and Benefits

Understanding Business and Personal Law Laws Relating to Employment Conditions and Benefits Section 21.1 Employment Protection and Equal Opportunity These laws include Wages, Hours, and Benefits Fair Labor Standards Act Equal Pay Act Employment Retirement Income Security Act Family and Medical Leave Act

Understanding Business and Personal Law Laws Relating to Employment Conditions and Benefits Section 21.1 Employment Protection and Equal Opportunity The Fair Labor Standards Act requires certain employers to pay their workers a legal minimum hourly wage rate, plus time-and-a-half for all work over 40 hours per week. It also regulates the employment of minors. Fair Labor Standards Act

Understanding Business and Personal Law Laws Relating to Employment Conditions and Benefits Section 21.1 Employment Protection and Equal Opportunity In 1963, Congress passed the Equal Pay Act as an amendment to the Fair Labor Standards Act. The amendment established the equal pay rule. Equal Pay Act

Understanding Business and Personal Law Laws Relating to Employment Conditions and Benefits Section 21.1 Employment Protection and Equal Opportunity The equal pay rule states that employers engaged in interstate commerce must pay women the same rate of pay as men holding the same type of job. Equal Pay Act

Understanding Business and Personal Law Laws Relating to Employment Conditions and Benefits Section 21.1 Employment Protection and Equal Opportunity The equal pay rule covers Equal Pay Act Hourly workers ExecutivesAdministrators Professional employees Outside salespeople who receive salaries and/or commission

Understanding Business and Personal Law Laws Relating to Employment Conditions and Benefits Section 21.1 Employment Protection and Equal Opportunity A pension plan is a program established by an employer or a union that is designed to provide income to employees after they retire. Employment Retirement Income Security Act

Understanding Business and Personal Law Laws Relating to Employment Conditions and Benefits Section 21.1 Employment Protection and Equal Opportunity Previously, funds in some employee pension plans were poorly invested or used for other business expenses. These practices resulted in losses of retirement benefits to workers and severe economic hardship for them. Employment Retirement Income Security Act

Understanding Business and Personal Law Laws Relating to Employment Conditions and Benefits Section 21.1 Employment Protection and Equal Opportunity The Employment Retirement Income Security Act (ERISA) was passed to prevent such abuse. Employment Retirement Income Security Act

Understanding Business and Personal Law Laws Relating to Employment Conditions and Benefits Section 21.1 Employment Protection and Equal Opportunity One requirement of the act is that employers must place employee contributions to pension plans in a trust fund that is independent of the employer’s control. Employment Retirement Income Security Act

Understanding Business and Personal Law Laws Relating to Employment Conditions and Benefits Section 21.1 Employment Protection and Equal Opportunity Family and Medical Leave Act Under the Family and Medical Leave Act, an employee of a company with at least 50 employees is entitled to 12 weeks of leave during any 12-month period

Understanding Business and Personal Law Laws Relating to Employment Conditions and Benefits Section 21.1 Employment Protection and Equal Opportunity Family and Medical Leave Act because of the birth or adoption of a child, or to care for a spouse, child, or parent who has a serious medical condition.

Understanding Business and Personal Law Laws Relating to Employment Conditions and Benefits Section 21.1 Employment Protection and Equal Opportunity Pre-Learning Question What types of privacy rights do you think affect employees?

Understanding Business and Personal Law Laws Relating to Employment Conditions and Benefits Section 21.1 Employment Protection and Equal Opportunity Three areas of primary concern include Employee Privacy Rights Privacy for government employees. Testing employees for drug use. Using polygraph (lie detector) test results in the hiring and firing of employees.

Understanding Business and Personal Law Laws Relating to Employment Conditions and Benefits Section 21.1 Employment Protection and Equal Opportunity Three laws that relate to these areas of concern are Employee Privacy Rights Federal Privacy Act Drug-Free Workplace Act Employee Polygraph Protection Act

Understanding Business and Personal Law Laws Relating to Employment Conditions and Benefits Section 21.1 Employment Protection and Equal Opportunity Because of our general aversion to governmental interference in personal rights, the privacy of government employees is often given greater emphasis than the privacy of employees in the private sector. Federal Privacy Act

Understanding Business and Personal Law Laws Relating to Employment Conditions and Benefits Section 21.1 Employment Protection and Equal Opportunity Under the Federal Privacy Act government employees are given the right to Federal Privacy Act Restrict inspection of their employment files. Be informed of their employment files.

Understanding Business and Personal Law Laws Relating to Employment Conditions and Benefits Section 21.1 Employment Protection and Equal Opportunity Be informed of the contents of their employment files. Fix any mistake that they might find in those files. Federal Privacy Act

Understanding Business and Personal Law Laws Relating to Employment Conditions and Benefits Section 21.1 Employment Protection and Equal Opportunity The Drug-Free Workplace Act applies to companies that have contracts with the federal government and aims to create a drug-free work environment. Drug-Free Workplace Act

Understanding Business and Personal Law Laws Relating to Employment Conditions and Benefits Section 21.1 Employment Protection and Equal Opportunity Under this act, firms must initiate a plan to make sure that employees do not use drugs on the job; however, it does not order companies to include drug testing in their plans. Drug-Free Workplace Act

Understanding Business and Personal Law Laws Relating to Employment Conditions and Benefits Section 21.1 Employment Protection and Equal Opportunity If a drug test is performed improperly, it can violate the Fourth Amendment to the U.S. Constitution, which prohibits unreasonable search and seizure. Drug-Free Workplace Act

Understanding Business and Personal Law Laws Relating to Employment Conditions and Benefits Section 21.1 Employment Protection and Equal Opportunity As with drug testing, polygraph or lie detector testing can violate the privacy rights of employees. Congress passed the Employee Polygraph Protection Act to regulate such testing procedures. Employee Polygraph Protection Act

Understanding Business and Personal Law Laws Relating to Employment Conditions and Benefits Section 21.1 Employment Protection and Equal Opportunity This act prohibits employers from using lie detector tests either for screening of employment applicants or for random testing of employees. Employee Polygraph Protection Act

Understanding Business and Personal Law Laws Relating to Employment Conditions and Benefits Section 21.1 Employment Protection and Equal Opportunity Pre-Learning Question What laws provide worker benefits?

Understanding Business and Personal Law Laws Relating to Employment Conditions and Benefits Section 21.1 Employment Protection and Equal Opportunity The law attempts to protect workers who have left the job because of retirement, injury, or disability. The law also provides assistance to workers who have been laid off or discharged. Laws Providing Worker Benefits

Understanding Business and Personal Law Laws Relating to Employment Conditions and Benefits Section 21.1 Employment Protection and Equal Opportunity Government initiatives to protect workers include: Laws Providing Worker Benefits Social security Unemployment insurance Worker’s compensation Work opportunity

Understanding Business and Personal Law Laws Relating to Employment Conditions and Benefits Section 21.1 Employment Protection and Equal Opportunity Social security is a government program that provides continuing but limited income to workers and their dependents. Social Security Act

Understanding Business and Personal Law Laws Relating to Employment Conditions and Benefits Section 21.1 Employment Protection and Equal Opportunity It provides benefits to employees and their families when their earnings stop or are reduced because of retirement, disability, or death. Social Security Act

Understanding Business and Personal Law Laws Relating to Employment Conditions and Benefits Section 21.1 Employment Protection and Equal Opportunity Unemployment compensation is a system of government payments to people who are out of work and looking for a job. Unemployment Compensation Laws

Understanding Business and Personal Law Laws Relating to Employment Conditions and Benefits Section 21.1 Employment Protection and Equal Opportunity Payments are made from an unemployment insurance fund financed by payroll taxes on employers or unemployment insurance premiums paid by employers. Unemployment Compensation Laws

Understanding Business and Personal Law Laws Relating to Employment Conditions and Benefits Section 21.1 Employment Protection and Equal Opportunity Workers’ Compensation Laws Workers’ compensation is an insurance program that provides income for workers who are injured or develop a disability or disease as a result of their job.

Understanding Business and Personal Law Laws Relating to Employment Conditions and Benefits Section 21.1 Employment Protection and Equal Opportunity Workers’ Compensation Laws Employers bear the cost of workers’ compensation. In most states, employers must pay a tax on their payrolls to fund the state’s workers’ compensation insurance fund.

Understanding Business and Personal Law Laws Relating to Employment Conditions and Benefits Section 21.1 Employment Protection and Equal Opportunity Work Opportunity Laws Welfare, a government system to provide assistance to poor Americans with dependent children, was criticized for many reasons. As a result, in 1996, Congress passed the Personal Responsibility and Work Opportunity Act.

Understanding Business and Personal Law Laws Relating to Employment Conditions and Benefits Section 21.1 Employment Protection and Equal Opportunity Work Opportunity Laws This act instituted a new program entitled Temporary Assistance to Needy Families (TANF).

Understanding Business and Personal Law Laws Relating to Employment Conditions and Benefits Section 21.1 Employment Protection and Equal Opportunity Work Opportunity Laws Under TANF, a majority of all welfare recipients must hold a job, enter career programs, or face a loss of payments. This requirement becomes effective after a recipient has received benefits during a two-year period.

Understanding Business and Personal Law Laws Relating to Employment Conditions and Benefits Section 21.1 Employment Protection and Equal Opportunity 1.What does the Family and Medical Leave Act provide for an employee who works for a company that has at least 50 employees?

Understanding Business and Personal Law Laws Relating to Employment Conditions and Benefits Section 21.1 Employment Protection and Equal Opportunity ANSWER Up to 12 weeks of leave during any 12-month period due to the birth or adoption of a child, or to care for a spouse, child, or parent who has a serious medical condition.

Understanding Business and Personal Law Laws Relating to Employment Conditions and Benefits Section 21.1 Employment Protection and Equal Opportunity 2.What is TANF?

Understanding Business and Personal Law Laws Relating to Employment Conditions and Benefits Section 21.1 Employment Protection and Equal Opportunity ANSWER It stands for Temporary Assistance to Needy Families and is a program designed to counter the problems with the old welfare system.

Understanding Business and Personal Law Laws Relating to Employment Conditions and Benefits Section 21.1 Employment Protection and Equal Opportunity Reviewing What You Learned 1. 1.What must employers do to provide for the safety of their employees? Section 21.1 Assessment

Understanding Business and Personal Law Laws Relating to Employment Conditions and Benefits Section 21.1 Employment Protection and Equal Opportunity Reviewing What You Learned To provide for the safety of their employees, employers must follow the regulations established by OSHA. Section 21.1 Assessment Answer

Understanding Business and Personal Law Laws Relating to Employment Conditions and Benefits Section 21.1 Employment Protection and Equal Opportunity Reviewing What You Learned 2. 2.What legal requirements are placed upon employers with regard to wages and hours? Section 21.1 Assessment

Understanding Business and Personal Law Laws Relating to Employment Conditions and Benefits Section 21.1 Employment Protection and Equal Opportunity Reviewing What You Learned The Wage and Hours Law, or Fair Labor Standards Act, requires certain employers to pay their employees a legal minimum hourly wage rate, plus time-and-a-half for all work in excess of 40 hours per week. Section 21.1 Assessment Answer

Understanding Business and Personal Law Laws Relating to Employment Conditions and Benefits Section 21.1 Employment Protection and Equal Opportunity Reviewing What You Learned 3. 3.What federal statues are designed to protect employee privacy rights? Section 21.1 Assessment

Understanding Business and Personal Law Laws Relating to Employment Conditions and Benefits Section 21.1 Employment Protection and Equal Opportunity Reviewing What You Learned The Federal Privacy Act, the Drug-Free Workplace Act, and the Employee Polygraph Protection Act. Section 21.1 Assessment Answer

Understanding Business and Personal Law Laws Relating to Employment Conditions and Benefits Section 21.1 Employment Protection and Equal Opportunity Reviewing What You Learned 4. 4.What is the difference between unemployment compensation and workers’ compensation? Section 21.1 Assessment

Understanding Business and Personal Law Laws Relating to Employment Conditions and Benefits Section 21.1 Employment Protection and Equal Opportunity Reviewing What You Learned Unemployment compensation is paid to workers who lose their jobs. Worker’s compensation is paid to workers who are injured on the job. Section 21.1 Assessment Answer

Understanding Business and Personal Law Laws Relating to Employment Conditions and Benefits Section 21.1 Employment Protection and Equal Opportunity Section 21.1 Assessment Critical Thinking Activity Right to Privacy What justification can be given for the fact that the privacy rights of government workers are often given more attention than the privacy rights of employees in the private sector?

Understanding Business and Personal Law Laws Relating to Employment Conditions and Benefits Section 21.1 Employment Protection and Equal Opportunity Section 21.1 Assessment Critical Thinking Activity Answer Right to Privacy Because of our general aversion to governmental interference in the rights of the people, government employees frequently see their right to privacy given greater emphasis than the rights of employees in the private sector.

Understanding Business and Personal Law Laws Relating to Employment Conditions and Benefits Section 21.1 Employment Protection and Equal Opportunity Section 21.1 Assessment Legal Skills in Action Workplace Heath and Safety While working on a summer job at a local manufacturing firm, you learn that one of your fellow employees has made a complaint to OSHA about certain unsafe practices at the plant.

Understanding Business and Personal Law Laws Relating to Employment Conditions and Benefits Section 21.1 Employment Protection and Equal Opportunity Section 21.1 Assessment Legal Skills in Action Workplace Heath and Safety You overhear a discussion in the lunchroom that reveals that the worker who filed the complaint will likely be discharged.

Understanding Business and Personal Law Laws Relating to Employment Conditions and Benefits Section 21.1 Employment Protection and Equal Opportunity Section 21.1 Assessment Legal Skills in Action Workplace Heath and Safety Organize a role-playing session in which one participant is the worker who filed the complaint and another person represents a coworker.

Understanding Business and Personal Law Laws Relating to Employment Conditions and Benefits Section 21.1 Employment Protection and Equal Opportunity Section 21.1 Assessment Legal Skills in Action Workplace Heath and Safety In the course of the discussion, explain the nature of OSHA and the safeguards given to employees who file complaints. Also explain the consequences that result if a violation of an OSHA regulation is discovered at the plant.

Understanding Business and Personal Law Laws Relating to Employment Conditions and Benefits Section 21.1 Employment Protection and Equal Opportunity Section 21.1 Assessment Legal Skills in Action Answer Workplace Heath and Safety Role-plays will vary, but should include that OSHA imposes upon employers the affirmative duty to maintain a safe and healthy work environment for their employees; and,

Understanding Business and Personal Law Laws Relating to Employment Conditions and Benefits Section 21.1 Employment Protection and Equal Opportunity Section 21.1 Assessment Legal Skills in Action Answer Workplace Heath and Safety that an employer may be fined for each violation reported by an employee or discovered during an OSHA inspection.

Laws Relating to Employment Conditions and Benefits End of Section 21.1