Law and Ethics Chapter 12 Employment Regulation and Labor Law

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pcdembin
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186448
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Law and Ethics Chapter 12 Employment Regulation and Labor Law
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2012-12-01 20:32:43
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Law Ethics Chapter 12 Employment Regulation Labor
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Law and Ethics Chapter 12 Employment Regulation and Labor Law
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  1. Employment regulation
    federal law often works in tanden with state law in regulating employers with respect to minimum wages, overtime pay, use of child labor, sudden job loss, workplace injuries, workplace safety, and medical leaves
  2. Fair Labor Standards Act (FLSA) 1938
    • centerpiece of wage and hour law protections
    • intended to cover all employees engaged in interstate commerce
    • Primary provision: Payment of minimum wage, max 40 hr work week, overtime pay and restrictions on children working in certain occupations and during certain hours
  3. 40 hour work week
    cannot exceed 40 hours in a 7 day period, otherwise overtime compensation is requried at time and a half pay

    does not cover all employees, those are exempt
  4. child labor
    child that work in family agriculture jobs and child actors are NOT subject to the FSLA restrictions. But states require appropriate educational standards to be met through the use of tutors and home schooling.
  5. retirement
    • not required
    • typically offered in the form of a pension (monthly sum after requirement paid by employer) or through a tax deferred retirement savings plan, 401K (no tax until you take the money out)
  6. OSHA - Occupational saftey and health administration
    • practice routine or unscheduled worksite inspections
    • investigate complaints made by employees alleging that an employer violated safety standards
    • if 11+ employees, the employor MUST keep safety records ad document investigations of ANY accident
    • if death or 3+ hospitalized must tell OSHA within 8 days
    • employees have a limited right to walk off the job when faced with hazardous workplace conditions
  7. FMLA- Family Medical Leave Act
    • help society's need to provide for employees who are faced with choosing between caring for a loved one and losing a job, senority or promotion
    • sets basic protections for employees who need a brief leave from work to care for themselves or an immediate family member
  8. FMLA Scope and Coverage
    • administered by the dept of labor
    • must have 50+ full time employees
    • must be a full time employee for at least 1 year to be covered
    • includes private and public employees
    • 12 weeks unpaid in any 12 month timeframe
    • to be a health condition it must require continued treatments and the person who needs the care must not be able to care for himself for 3 consecutive days
  9. FMLA Protections
    • must maintain heathcare benefits while on leave
    • does not require pay
    • employers are restricted from taking or threatening any adverse job against the employee
    • upon returning from leave the employee is guarenteed the same or similiar job at the same rate of pay
    • must reinstate the employee immediately upon notification that the leave is over
    • NOT requried to be credited with seniority while on leave
    • IF the employee is a KEY employee, employers have a right NOT to reinstate the employee if the reinstatement would cause a "substantial and grievous economic injury"
    • they must notify the employee who is taking the leave that they are a key employee and the limits of the FMLA protections
  10. NLRA - National Labor Relations Act
    provides general protections to the rights of workers to organize, engage in collective bargaining, and use economic weapons (such as a strike) in the collective bargaining process.

    covers most all employers whose business activity involves some aspect of interstate commerce (excludes railroad and airline employees)

    worker must be current (not am applicant or retired)
  11. collective bargaining
    process of negotiating an agreement on behalf of an entire workforce instead of individuals negotiating privately on their own behalf (or not negotiating at all)

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