Employment Relationships, Protection and Equal Opportunity Unit C Objective 07.01 Employment Relationships, Protection and Equal Opportunity

Relationships between Employer-Employee Labor-Management-unions formed to in best interest of employee. Collective bargaining agreement-labor agreement between an employer and the union. Grievance procedure-steps to resolve disputes.

Relationships between Employer-Employee continued Professional contracts are generated by professional or executives who negotiate their own contracts.

Terminating the Relationship Employment-at-will occurs with the termination of the job by the employee or the employer.

Labor Laws Fair Labor Standards Act: Restricted child labor Minimum wage Time and a half overtime Equal Pay Act: equal pay for equal work

Labor Laws Social Security: contributions by employee and employer Work Compensation Laws: provides income if injured on the job (employer bears cost of compensation)

Civil Rights Acts Civil Rights Act of 1964: Prohibits discrimination Complain to the Equal Employment Opportunity Commission (EEOC) Civil Rights Act of 1991: new law that states in disparate impact cases, the employer has the burden of proving the existence of business necessity. (employee eligible for unemployment if discharged not for a “cause”)

Employment Acts Disparate Treatment: most obvious and direct way to discriminate (employer intentionally discriminates)

Employee or Independent Contractor Tests to determine if employee or independent contract: Pay Workers compensation Unemployment

Types of Shops Agency- receive union benefits without belonging to union Closed- must join prior to employment Union- must join with 1 year of employment

Employment Acts Age Discrimination Employment Act: Forbids discrimination against any person age 40 or older in hiring, firing, promoting, or other aspects of employment Older Workers’ Benefit Protection Plan: forbids discrimination against older workers in handling their employee benefit and retirement plans

Employment Acts Americans With Disabilities Act: Forbids discrimination on the basis of a physical or mental disability if disabled individual can perform “essential function” of the job despite the disability.

Statutory Rights of Employees Submit worker’s compensation claim Engage in legal union activities Participate in state or federal military service OSHA whistleblower protection Answer jury duty call or serve as trial witness

More Statutory Laws… Protection from unsafe work conditions Receive minimum wage No job discrimination based on race, color, national origin, sex, religion, age, or handicap

Hazardous Occupations Not Available To Minors: Mining Manufacturing explosives, brick, or tile Operating power-driven hoists Logging and saw milling Driving motor vehicles or acting as an outside helper on such vehicles (except for incidental, occasional, and school bus driving)

MORE… Slaughtering or meat packing Operating circular saws, band saws, or guillotine shears Wrecking or demolishing buildings or ships Roofing excavating