1. Agency – Unions – FLSA

2. ©SHRM 2008 Agency Law Employment law based on “master/servant” relationship. The “master” is responsible for the “servant”. Vicarious liability: The imposition of liability on one party for the wrongs of another. > The employer is responsible for an employees’ actions done within the course of employment.

3. ©SHRM 2008 Unions Norris-LaGuardia Act (1932): > Approval granted for the formation and operation of labor unions. National Labor Relations Act (1935): > Established procedures for collective bargaining. > Established the National Labor Relations Board (NLRB) to administer and enforce union law.

4. ©SHRM 2008 Union Membership 1983 1930 2006

5. ©SHRM 2008 Union Demographics The early years (1930s): > Private sector industrial workers. Contemporary members: > White-color public employee.

6. ©SHRM 2008 Who Is Not Covered by NLRA? > Agricultural laborers. > Domestic workers employed in a home. > Workers employed by a parent or spouse. > Independent contractors. > Supervisors. > Federal, state or local government employees. > Employees of organizations subject to the Railway Labor Act.

7. ©SHRM 2008 Fair Labor Standards Act – 1938 Established child labor laws. Set the minimum wage. Defined a 40-hour workweek. Set overtime for hours worked in excess of 40 hours in a week.

8. ©SHRM 2008 FLSA Overtime Exemptions Non-exempt employees qualify for overtime. Exempt employees do not qualify for overtime. > Executive > Administrative > Professional employees > Outside sales employees > Employees in certain computer-related occupations