EMPLOYMENT LAW
Government regulates employment practices: Selected Compensated Benefits Accommodate Children Disabilities Terminated
Why understand HR Law? Doing the Right Thing Limitations Liabilities
EMPLOYMENT AT WILL
NINE DON’TS OF INTERVIEWING DON'T ASK IT! NINE DON’TS OF INTERVIEWING If they have kids Age Disability Height, Weight Maiden name Arrest records, been convicted Smokes AIDS, HIV-Positive Religion
Consistent incompetence. Violation of company policy Repeated unexcused absenteeism/tardiness Physical violence Drug and alcohol Illegal acts Falsified Information
WORKERS COMPENSATION
OSHA OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION Conducts inspections and investigations
FMLA FAMILY AND MEDICAL LEAVE ACT
FAIR LABOR STANDARDS ACT Minimum wage Time and a half (“overtime”) Children; 14 18
UNEMPLOYMENT COMPENSATION “BENEFITS”
WARN Worker Adjustment and Retraining Notification Act 60 days Unforseeable
SOCIAL SECURITY ACT DEATH DISABILITY RETIREMENT
SO….THAT’S WHAT THAT IS? FICA
ERISA
EQUAL EMPLOYMENT OPPORTUNITY EMPLOYER RACE RELIGION COLOR NATIONAL ORIGIN AGE SEX MARITAL STATUS DISABILITY SEXUAL ORIENTATION VETERAN STATUS LEGALLY PROTECTED CLASSES
AFFIRMATIVE ACTION
BFOQ BONA FIDE OCCUPATIONAL QUALIFICATION
ADVERSE DISPARATE IMPACT DISPARATE TREATMENT VS. ADVERSE DISPARATE IMPACT
AMERICANS WITH DISABILITIES ACT REASONABLE ACCOMMODATIONS
THE EQUAL PAY ACT (1963) SEXES
ADEA 40 AND OLDER
Discrimination and Harassment Words Pranks Signs Intimidation Offensive jokes Physical assaults or contact Cartoons Violence Pictures Derogatory statements Posters Email jokes
Unwelcome sexual. advances, requests for. sexual favors, or other Unwelcome sexual advances, requests for sexual favors, or other verbal or physical contact of a sexual nature. SEXUAL HARASSMENT
SEXUAL HARASSMENT QUID PRO QUO HOSTILE WORK ENVIRONMENT
THE FEDERAL PRIVACY ACT It gives government employees the right to know what is in their employment file, to restrict access to their files, and to fix any mistakes they might find in their files.
THE DRUG-FREE WORKPLACE ACT Fourth Amendment Some states have passed statutes that regulate drug testing in the private sector.
THE EMPLOYEE POLYGRAPH PROTECTION ACT No lie detectors It also prohibits RANDOM testing of employees. Exceptions: security, controlled substances, drug firms, private investigators.
Why do companies need written policies?
Common written policies and rules: Salaries, wages, and benefits. Attendance, absences, and punctuality. Leave – sick leave, vacation time, jury-duty leave, maternity leave, military, *bereavement. Work schedule and records, breaks, overtime. 5. Expenses and reimbursement. Due process. Probation and review. Electronic Acceptable Use Policy Sexual Harassment Dress code
UNION - Promote the welfare of its members. COLLECTIVE BARGAINING
STRIKE VS. LOCKOUT
UNION LAWS THE NORRIS-LAGUARDIA ACT (1932) THE WAGNER ACT (1935) THE TAFT-HARTLEY ACT (1947) THE LANDRUM-GRIFFIN ACT (1959)