HR Law

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Author:
julinda
ID:
28214
Filename:
HR Law
Updated:
2010-07-28 09:44:58
Tags:
employment law
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final review
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  1. Describe four means of controlling early unionization
    • Constitutional challenges
    • Injunction
    • Antitrust laws
    • Criminal conspiracy laws
  2. Collection Bargaining Agreement (CBA)
    • If one side violations the CBA, the other side files a grievance
    • CBA usually provides for disputes to be handled through binding arbitration
    • Unappealable
  3. National Labor Relations Act (NLRB)
    violations to federal laws; enforce labor laws in the private sector
  4. Two purposes of CBAs
    • 1. concerted activities
    • 2. election of union representative
  5. Four main laws are the statutory basis for labor law and unionization
    • The Norris LaGuardia Act (attempts to control unions)
    • The Wagner/NLRA
    • The Taft-Hartley Act (amendment to NLRB - permitted right to work laws)
    • The Landrum-Griffin Act (provided a bill of rights for union members)
  6. Protection under the NLRA
    • "Concerted activity" undertaken with or on behalf of other employees
    • Undertaken "in mutual aid or support" of a group

    NOTE: Protection may be lost if it constitutes insubordination, disobedience or disloyalty
  7. NLRB handles two types of cases
    • 1. Unfair labor practices
    • 2. Election of union officers
  8. Strikes and Lockouts
    Permits if under the following conditions:

    • 1. Economic reasons
    • 2. Unfair labor practice
    • 3. CBA expires
  9. Excluded Employers
    • Federal, state or municipal
    • Federal reserve banks
    • Railroad companies under RLA, airlines
    • Labor organization in rep. capacity
  10. What are the 3 mandatory factors for bargaining?
    • Wages
    • Hours
    • Terms and conditions of employment
  11. Exempt Employees
    • agricultural workers
    • domestics within a person's house
    • employed by parent or spouse
    • independent conractors
    • supervisor
    • those subject to RLA
  12. Worker's Compensation
    • State law
    • Benefits work-related injuries or illnesses
    • Benefits paid by employer, state, or insurance co.
  13. W/C Work related injuries
    • must occur within the scope of employment
    • must not be intentional or self-inflicted
    • employee must not be drugged or intoxicated
  14. Workers' Compensation began in 1900s
    • Prior defenses before W/C statutes were:
    • negligence
    • assumption of risk
    • fellow-servant rule
  15. What does Workers' Compensation cover?
    • medical bills
    • lost income (2/3 of salary; not subject to income tax)
    • recovery for loss of body part(s)
    • rehabilitation
    • death benefits to dependent(s)
  16. Advantages / Disadvantages to Workers' Comp.
    • Advantages:
    • employer is strictly liable, less for employee to provide, paid faster

    • Disadvantages:
    • employee collect less than a lawsuit
    • employer cannot be sued in negligence
    • given up opportunity for 100% lost income, pain and suffering and punitive damages
  17. Workers' Comp. -- Who is Covered?
    • employers do not have to provide coverage if they have fewer employees than a certain number
    • (In GA, it is 3)
  18. Prima Facie for Age Discrimination
    • Member of a protected class
    • Adverse employment action
    • Qualified for position
    • Show Dissimilar treatment
  19. Employer Defense (Age Discrimination)
    • BFOQ
    • Reasonable factor other than age
    • Economic concerns
    • Benefit plans and seniority systems
    • Same factor defense
    • ERISA, OWBPA, Distinction among benefit plans
  20. Age Discrimination - Employee's Response
    • Proof of Pretext
    • - must show that employer's defense is not the true reason for the action
  21. Age Discrimination - BFOQ
    • - the age limit is reasonably necessary to the essence of business
    • - all of the individual over that age are unable to perform the job's duties
    • - some individuals over that age possess a disqualifying trait that cannot be
    • ascertained, except by reference of age
  22. Age Discrimination - Remedies
    • Front and back pay
    • compensation for pain and suffering
    • liquidated damages equal to unpaid wage liability
  23. Waivers of ADEA (validity)
    • Written and plainly worded; legal counsel
    • legal consideration for acceptance
    • employees must be given 21 days to consider (45 days for early retirees)
    • waiver agreements not final - can be revoked within 7 days of acceptance
  24. Family Medical Leave Act (FMLA)
    • coverages all government agencies
    • and private employers with 50 or more
  25. FMLA Qualifications
    • Must work for a covered employer
    • Worked for the last 12 months
    • Worked at least 1,250 hours in last 12 months
    • Qualifying event
  26. FMLA Qualified Event
    • birth of child
    • placement of child with employee for adoption or foster care
    • serious condition of spouse, parent or child
    • serious condition of employee making them
    • unable to perform work
  27. Uniformed Services Employment and Reemployment Rights Act (USERRA)
  28. –Prohibit discrimination against members of military.
    • –Leave to serve must be treated as not absent.
    • –Returning veterans must be re-employed and reasonable efforts used to place them in the position they would have attained if not for military service.
  29. Pregnancy Discrimination
  30. •Supreme Court determined that pregnancy discrimination was not gender discrimination under Title VII
    • •182 percent increase in the filing of pregnancy discrimination charges over the past 10 years
    • •Pregnancy Discrimination Act amended Title VII to include pregnancy discrimination
    • –Includes pregnancy, childbirth, or related medical conditions
  31. DOL's Wage and Hour Division
    • Regulates: Child labor, wages and hours
    • Who is covered? individuals and businesses involved
    • in interstate commerce, federal employees, and most
    • state and local governments
  32. Minimum Wage
  33. –to $5.85 per hour effective July 24, 2007;
    • –to $6.55 per hour effective July 24, 2008;
    • –and to $7.25 per hour effective July 24, 2009.
    • –(up from $.25 per hour in 1938)
  34. Exemptions from FLSA
    Two Primary Tests
  35. •Duties Test
    • –To determine whether employee’s duties are genuinely executive, administrative, or professional
    • –Not controlled by job title
    • –Must be paid a salary
    • •Salary Basis Test
    • –Must be paid a pre-specified sum of at least $455/week
    • –Pay cannot be docked for off time (pay docking rule)
  36. Child Labor in Georgia
  37. •No minor under 12 may be employed.
    • Minors under 16 who have not graduated must have a work certificate from school.
    • •Minors under 16 may not be employed between the hours of 9:00 p.m. and 6:00 a.m., more than 4 hours a day during the school year, more than 8 hours a day during vacations and not more than 40 hours a week. (May be different rules for agricultural industries.)
    • •Minors under 16 may not be employed in a “dangerous occupation.”
  38. Federal Law Does Not Cover: Lunch requirements
  39. •An employer does not have to provide lunch or coffee breaks. Also, an employer does not have to pay employees for lunch breaks that they are given.
  40. Federal Law Does Not Cover: Coffee Breaks
  41. The federal government does not require coffee breaks. However, any short breaks (usually 5-20 minutes) that you are given must be paid.
    •A few states require breaks. In these states, you generally get a 10-minute break for every 4-hour shift. These states include: California, Colorado, Illinois, Kentucky, Minnesota, Nevada, Oregon, and Washington.
  42. What benefits must employers provide?
    • Workers Compensation
    • Unemployment Insurance
    • Social Security
  43. Federal Old Age, Survivors and Disability Insurance (OASDI)
  44. Pays out monthly benefits to retired people, to families whose wage earner has died, and to workers unemployed due to sickness or accident.
  45. Employee Retirement Income Security Act (ERISA)
  46. Title I requires that employers:
    • □Advise employees regarding the benefits they offer
    • □Deliver promised benefits
    • □Provide claims and appeal procedures
    • □Manage benefits wisely and for the benefit of its employees, a fiduciary duty
    • □Not interfere with or retaliate against beneficiaries
  47. Two types of plans under ERISA
  48. □ERISA covers employee benefit plans
    • □Welfare plans
    • □Pension plans
    • □Defined benefit contribution plans
    • □Defined benefit plans

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