BCOR 3000 1nd Edition Lecture 21 Outline of Last Lecture I. What is a job offer?II. At-Will DoctrineIII. At-Will Doctrine ExceptionsIV. Fair Labor Standards ActV. OvertimeVI. Overtime ExceptionsVII. Family and Medical Leave ActOutline of Current LectureI. OSHAII. Worker’s CompensationIII. Social SecurityIV. ERISAV. Employee PrivacyCurrent LectureOSHA—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 HealthThese 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 regulationsWorker’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 freemarket 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 ½ 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 formerspouseERISA• 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– ManagementEmployee 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 monitoringGovernment employer—some protectionPrivate employer—privacy rights is minimalEmployee 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