Unit C Objective 07.01
Employment Relationships, Protection and Equal Opportunity
Relationships between Employer-Employee Labor-Management-unions formed to in best interest of employee. Collective bargaining agreement-labor agreement between an employer and the union. Grievance procedure-steps to resolve disputes.
Relationships between Employer-Employee continued Professional contracts are generated by professional or executives who negotiate their own contracts.
Terminating the Relationship Employment-at-will occurs with the termination of the job by the employee or the employer.
Labor Laws Fair Labor Standards Act: Restricted child labor Minimum wage Time and a half overtime Equal Pay Act: equal pay for equal work
Labor Laws Social Security: contributions by employee and employer Work Compensation Laws: provides income if injured on the job (employer bears cost of compensation)
Civil Rights Acts Civil Rights Act of 1964: Prohibits discrimination Complain to the Equal Employment Opportunity Commission (EEOC) Civil Rights Act of 1991: new law that states in disparate impact cases, the employer has the burden of proving the existence of business necessity. (employee eligible for unemployment if discharged not for a â€œcauseâ€?)
Employment Acts Disparate Treatment: most obvious and direct way to discriminate (employer intentionally discriminates)
Employee or Independent Contractor Tests to determine if employee or independent contract: Pay Workers compensation Unemployment
Types of Shops Agency- receive union benefits without belonging to union Closed- must join prior to employment Union- must join with 1 year of employment
Employment Acts Age Discrimination Employment Act: Forbids discrimination against any person age 40 or older in hiring, firing, promoting, or other aspects of employment Older Workersâ€™ Benefit Protection Plan: forbids discrimination against older workers in handling their employee benefit and retirement plans
Employment Acts Americans With Disabilities Act: Forbids discrimination on the basis of a physical or mental disability if disabled individual can perform â€œessential functionâ€? of the job despite the disability.
Statutory Rights of Employees Submit workerâ€™s compensation claim Engage in legal union activities Participate in state or federal military service OSHA whistleblower protection Answer jury duty call or serve as trial witness
More Statutory Lawsâ€Ś Protection from unsafe work conditions Receive minimum wage No job discrimination based on race, color, national origin, sex, religion, age, or handicap
Hazardous Occupations Not Available To Minors: Mining Manufacturing explosives, brick, or tile Operating power-driven hoists Logging and saw milling Driving motor vehicles or acting as an outside helper on such vehicles (except for incidental, occasional, and school bus driving)
MOREâ€Ś Slaughtering or meat packing Operating circular saws, band saws, or guillotine shears Wrecking or demolishing buildings or ships Roofing excavating