BCOR 3000 1nd Edition Lecture 21 Outline of Last Lecture I What is a job offer II At Will Doctrine III At Will Doctrine Exceptions IV Fair Labor Standards Act V Overtime VI Overtime Exceptions VII Family and Medical Leave Act Outline of Current Lecture I OSHA II Worker s Compensation III Social Security IV ERISA V Employee Privacy Current Lecture OSHA Occupational Safety and Health Act and Administration Created to regulate safety in the workplace Serves judicial legislative and executive processes There is a right to appeal court case to a court outside of the agency Occupational Safety and Health These notes represent a detailed interpretation of the professor s lecture GradeBuddy is best used as a supplement to your own notes not as a substitute Act act created to regulate safety in workplace Administration in charge of developing and enforcing workplace safety Safety of Workers Specific and General Standards Many many regulations Worker s Compensation Ease of recovery for injured workers Employer loses defenses Contributory negligence if you are any at fault you get nothing Fellow servant doctrine employee is injured by another employee no recovery by employer Assumption of risk the worker assumes risk so if they are injured too bad Exclusive Remedy ONLY everyone gets same recovery can only recover injuries not medical bills that exceed the uniformity recovery for worker s compensation however you can recover from customers or co workers if they injury you on the job even though the restaurant employer did nothing but nothing over the uniformity recovery of worker s compensation Insurance funded make sure the money is there it is the state who is the insurer collect premiums and acts as insurance company OR free market where employer can shop around and pick an insurer for their workers Look at 1 how dangerous 2 how many claims have been filed to determine rates Prior to worker s comp you have to sue under negligence Worker s Comp similar injuries get similar compensation Not required to go to court set up a faster streamline hearing process this will reduce the legal costs of the whole system the trouble is that when you make it a lot easier to get worker s comp you also make it easier for people to fake their injuries In order to recover the two main things you have to prove 1 injured on the job and 2 work related Social Security More than retirement covered workers who die their children will receive a S S benefit Not a savings plan you don t put money in an account Survivors benefits survivor spouse will get roughly of the S S calculated benefit of the deceased spouse Disability benefits Payment based on work and salary history Full benefit age rising to 67 If you are married and remarry you cannot recalculate on your former spouse ERISA Relates to Pension Plans These are employer funded Complex formula time length hours salary used in calculation No one must have one To minimize the risk of not having money when you retire there are now regulations on how much money you must set aside per year if you offer pension plans But if you do Act sets requirements FIRMV Funding setting aside the money Vesting do you get the right if you quit the company question of time Reporting Investing Management Employee Privacy Rights think of it as an oxymoron Some statutory protection Business Can monitor employee business communications but not personal Employee can consent Internet use monitoring Government employer some protection Private employer privacy rights is minimal Employee Privacy Employee control oversight of off the job conduct Long been an issue but far more significant today due to Internet Also Lifestyle health issues Does cost to employer justify employer lifestyle requirements Employers can you outside information against you