Employment Protection and Employment Law Mr. Sherpinsky Council Rock School District

Legislation Affecting Employment

Justice Journal Why do you think the government plays a role in employment laws? Foster fairness and Protect employees Issues like safety, health, work hours, wages, and taxes.

Employments Conditions Occupational Safety and Health Administration (OSHA) Occupational Safety and Health Administration (OSHA) Enacted in 1970 by CongressEnacted in 1970 by Congress Established the OSHA AgencyEstablished the OSHA Agency Set standards for Health and Safety Set standards for Health and Safety Companies must be 11 or more employeesCompanies must be 11 or more employees Interstate CommerceInterstate Commerce

Employments Conditions Occupational Safety and Health Administration (OSHA) Two Approaches Two Approaches Imposes affirmative duties to maintain safe and healthy work environmentImposes affirmative duties to maintain safe and healthy work environment Sets safety rules businesses must maintain and followSets safety rules businesses must maintain and follow Enforced by inspections and fines Enforced by inspections and fines (each and every violation)(each and every violation) Random inspections Random inspections Death or disaster Death or disaster Complaint Complaint Always done in writing Always done in writing Filed with nearest field officeFiled with nearest field office

Employment Laws Fair Labor Standards Act (Known as the Wage and Hour Law) Minimum Hourly Wage RateMinimum Hourly Wage Rate Overtime (Time-and-half) for all work over 40 hoursOvertime (Time-and-half) for all work over 40 hours Employment of MinorsEmployment of Minors Hours limited 14-15yr-olds & 16-17yr- olds Hours limited 14-15yr-olds & 16-17yr- olds M-F : 3 Hrs a day, 8 Hrs Saturday or SundayM-F : 3 Hrs a day, 8 Hrs Saturday or Sunday Not before 7:00AM or after 7:00PMNot before 7:00AM or after 7:00PM Federal versus State Laws Federal versus State Laws Hazardous OccupationsHazardous Occupations

Employment Laws Equal Pay Act (Amendment to Fair Labor Standards Act) Only companies who engage in interstate Commerce Only companies who engage in interstate Commerce Must pay women equal to men Must pay women equal to men Same job type and position Same job type and position Covers hourly workers, executives, administrators, professional employees, and outside sales people Covers hourly workers, executives, administrators, professional employees, and outside sales people Salary or Commission Salary or Commission

Employment Laws Employment Retirement Income Security Act (ERISA) Pension Plan established by employer or a union to provide income to employees after they retire Pension Plan established by employer or a union to provide income to employees after they retire Typically based on salary and time on job Typically based on salary and time on job Passed to prevent employers from using the money for other things Passed to prevent employers from using the money for other things Imposes Good Faith on Managers of Funds Imposes Good Faith on Managers of Funds Informing employees on an annual basis of performance Informing employees on an annual basis of performance Reporting to Secretary of Labor Reporting to Secretary of Labor

Employment Laws Family & Medical Leave Act Companies with 50 or more employees are entitled to 12 weeks of leave during any 12-month period Companies with 50 or more employees are entitled to 12 weeks of leave during any 12-month period Because of birth or adoption of a childBecause of birth or adoption of a child Care for a spouse, child, or parent with serious medical conditionCare for a spouse, child, or parent with serious medical condition After leave, entitled to return to previous position with same or equivalent pay and benefits After leave, entitled to return to previous position with same or equivalent pay and benefits Eligibility: employee must work for a minimum of 1-year and accumulate service timeEligibility: employee must work for a minimum of 1-year and accumulate service time

Employment Laws Federal Privacy Act Enacted because of our general aversion to governmental interference in our lives Government employeesGovernment employees Right to restrict inspection of employment fileRight to restrict inspection of employment file Right to be informed of employment fileRight to be informed of employment file Informed of content in file Informed of content in file Fix any mistakes of errors Fix any mistakes of errors

Employment Laws Drug-Free Workplace Act Applies to companies with contracts with government Applies to companies with contracts with government Plan to ensure employee do not use drugs Plan to ensure employee do not use drugs Specifically, doesn’t say drug testingSpecifically, doesn’t say drug testing If drug test is performed improperly violates 14 th Amendment RightsIf drug test is performed improperly violates 14 th Amendment Rights Unreasonable search and seizures Unreasonable search and seizures Some states regulate testing Some states regulate testing Keep results confidentialKeep results confidential Second test if first test shows positive resultSecond test if first test shows positive result Chance to challenge testChance to challenge test

Employment Laws Employee Polygraph Protection Act Testing can violate the privacy rights of employees Testing can violate the privacy rights of employees Act prohibits employers from using lie detector for screening or random testing Act prohibits employers from using lie detector for screening or random testing Several exceptions: Several exceptions: Businesses involved with involved controlled substances or securityBusinesses involved with involved controlled substances or security

Employment Laws Social Security Act Program to provide limited income to workers and their dependents Program to provide limited income to workers and their dependents Retirement, Disability, or Death Retirement, Disability, or Death Employee and Employer pays same/equal amount Employee and Employer pays same/equal amount Automatically deducted from paycheck Automatically deducted from paycheck Sent to IRS Sent to IRS Contribution rate set annually by Congress Contribution rate set annually by Congress

Employment Laws UnemploymentCompensationLaws Program to protect unemployed workers Program to protect unemployed workers Insurance fund paid for by employers only Insurance fund paid for by employers only F-UTA & PA-UTA F-UTA & PA-UTA Benefits vary by state Benefits vary by state State Runs Unemployment OfficesState Runs Unemployment Offices

Wagner Act The purpose was to… Encourage collective bargaining Encourage collective bargaining Discourage certain unfair labor practices Discourage certain unfair labor practices Provide federal assistance in obtaining fair bargaining Provide federal assistance in obtaining fair bargaining Employers must negotiate, wages, hours and conditions of employment Employers must negotiate, wages, hours and conditions of employment Example 7, pg. 442 Example 7, pg. 442

Taft-Hartley Act The purpose was to… Equalize the power of labor and management Equalize the power of labor and management 60 day “cooling off” period was provided 60 day “cooling off” period was provided Made closed shop illegal Made closed shop illegal A union shop is allowed A union shop is allowed States could pass right-to-work laws States could pass right-to-work laws Prevents a labor union from requiring an employer to retain employees who are no longer needed Prevents a labor union from requiring an employer to retain employees who are no longer needed Featherbedding and pressure exerted by a union to retain unnecessary employees Featherbedding and pressure exerted by a union to retain unnecessary employees