1. Objective 3.01 Understand employment law
Day 38…….10/21
What rights do you have as an employee? List 4.

2. Employment Law Basics Employment law
Division of law that governs the relationship between employers and employees
Stems from: tort, criminal, contract, and labor law

3. Employer
Person or company who pays a person for a wage, salary, payment or fee in exchange for supervising and controlling the employee’s activities
Employee
Person who works for an employer for a wage, salary, payment or fee, guided by an express or implied agreement
The employee is under the control and supervision of the employer

4. Independent contractor
Person who works for an employer for a wage, salary, payment or fee, guided by an express or implied agreement
Person is not subject to the control or supervision of an employer

5. Express employment agreement
A formal contract, either oral or written, that specifically states the terms and conditions of employment
Implied employment agreement
An employment contract in which the terms and conditions may be inferred through the actions, comments, promises, and employment practices of either the employer or employee.

6. NC Department of Labor
Promotes the general well-being, safety, and health of NC workers by:
Enforcing occupational and health standards
Set minimum wage and maximum number of work hrs./wk.
Providing apprentice programs for the skilled trades
Conducting inspections for mines, boilers, elevators, amusement rides, and quarries.

7. Fair Labor Standards Act
a.k.a. the Wage and Hour Act
Federal law sets
minimum wage*
overtime pay*
age requirements for certain types of employees
This act does not apply to professional workers, executives, administrative, and outside sales employees.
Minimum Wage by State

8. NC Youth Employment Provisions of the Wage and Hour Act for Nonagricultural Occupations
Law that establishes labor standards and labor guidelines for youth 17 years old and younger
In general, children of any age are permitted to work for business owned by parents
This is a provision of the Fair Labor Standards Act.
Minimum Age Standards

9. Occupational Safety & Health Act
Federal act that establishes and promotes workplace safety standards for businesses
Employers should undertake specific precautions to ensure that the workplace is free of hazards that would lead to harm, permanent injury or death
Violators may be fined up to $7,000 per day

10. Americans with Disability Act
Federal act that prohibits discrimination based on a person’s disability if the person with the disability is able to perform the essential functions of the job requirements

11. Age Discrimination Act in Employment
This act prohibits discrimination against applicants and employees 40 years of age or older throughout the employment process
This act only apply to businesses employing 20 or more employees

12. Family and Medical Leave Act
This act provides eligible employees with unpaid, job-protected leave for certain family or medical conditions, such as:
The birth or adoption of a child
The employee is diagnosed with a serious health condition
The employee needs to care for a close relative with a serious health condition

13. Title VII of the Civil Rights Act of 1964
This act prohibits employment agencies, employers, and unions from discrimination against applicants and employees on the basis of race, color, religion, national origin or sex
Discrimination is prohibited throughout the employment process including hiring, compensation, promotion, training, and termination

14. Day 39…….10/22
What federal act protects you from getting paid less than $7.25/hr?

15. The Civil Rights Act of 1991
Passed to strengthen civil rights law, in particular disparate impact
Disparate impact
An employer creates a seemingly fair employment practice that has a negative impact on members of a protected class
Under this act, employers must prove that their practices are based on job qualifications

16. Employment-at-Will
Either an employer or employee can terminate employment for any reason or no reason without being liable for breach of contract
Exceptions:
Contracts
Unionized employees

17. Union
An organization of employees formed to ensure favorable: Work conditions Wages Work hours Benefits Grievance procedures

18. Types of Shops Closed shop Union shop
Employees must join the union before being hired
Union shop
Non-union employees can by hired, but must join union within a certain amount of time

19. Agency shop
Employees are not required to join the union, yet they still must pay union dues
Open shop
Employees are not required to join the union or pay union dues

20. Right to Work Law
State law prohibits employers from requiring employees to join a union or pay union dues as a condition of employment.
Airline and railway employees are not protected by this law
What are the right to work states?
Employees have the freedom to chose whether or not to join the union (or pay union dues)

21. Right to Work States

23. Unemployment Compensation
Insurance program that provides temporary income for qualified individuals who are unemployed through no fault of their own
Eligibility requirements for collecting unemployment compensation varies by state
The North Carolina Division of Employment Security handles claims.

24. Unemployment Benefits
Requirements:
In North Carolina, any individual wanting to collect or continue to collect unemployment compensation must:
Register for work through the Employment Security Commission
File a claim for each week that benefits are needed
Actively seek employment during any week unemployment benefits are received

25. U.B.
Denial of:
In NC, an individual may be denied unemployment compensation if he/she:
Quits a job
Gets fired from a job
Refuses a referral job
Turns down a job offer
Refuses to Approved Commission Training
Fails to complete Approved Commission Training

26. Social Security Social Security Act 1935
Provide financial assistance to eligible workers and their dependents in the form of retirement, disability, and death benefits
Est. Social Security
funded by the tax contributions of employees and employers

28. S.S
Disability Benefit
Replaces income when a severe long lasting disability or terminal illness prevents eligible person from doing “any substantial work”
Claim filed through Social Security Administration
Six month required elimination (waiting) period
Periodic review of status to continue benefits

29. S.S. Retirement Benefit (if eligible) Age 62 – percent of SS available
Age 65/67 - receive full benefits
A person can receive social security retirement benefits if the spouse dies
Medicare considered a benefit.

30. S.S.
Death Benefit
Lump sum payment given to the surviving spouse upon the death of a person who worked long enough to qualify for Social Security benefits
The average death benefit is $255

31. Worker’s Compensation
A government-regulated program that provides medical benefits and income to employees who are injured or who develop a disability or disease as a result of their job
Indemnifies (pays) employee for their loss of income
Insurance is paid for by employer