Ch 33 Employment and Labor Law Employment law governed by common law doctrine of employment at will employer or employee could terminate the relationship anytime Whistleblowing when an employee tells a supervisor that employer is engaged in illegal activity Whistleblower Protection Act Wrongful Discharge Constructive Discharge employee quit but still file for unemployment because their employer treated 2 Wage Hour Laws them so miserably they had to quit Not on test Davis Bacon Act the prevailing wage act Walsh Healey Act the beginning of minimum wages Fair Labor Standards Act FLSA extension of wage hour regulation to workers interstate commerce Child Labor FLSA prohibits oppressive child labor practices Overtime Exemptions certain employees executive or pro are exempt from overtime white collar Overtime rules workers earning 23660 working 40 hours week are entitled to OT applies to manual labors or blue color workers applies to cops or firefighters 3 Labor Unions Norris LaGuardia Act Protects peaceful strikes by limiting injunction powers of fed courts National Labor Relations Act established the right of workers to strike engage in collective bargaining Labor Management Relations Act Prohibits certain unfair union practices close shops Labor Management Reporting and Disclosure Act Regulates internal operations of unions outlaws hot cargo not allow use material made by union work force agreements Union Organization Elections election held if at least 30 of workers will be represented Collective Bargaining management and labor negotiate terms and conditions of employment Economic Strikes strikes over wages workers can be replaced Unfair Labor Practice Strikes strikes alleging employer has committed unfair labor practice 4 Occupational Safety and Health Act OSHA fundamental fed law aims towards safety in workplace Enforced by OSHA NIOSH and OSHRC Worker s Compensation laws Reduce employer liability to employees for workplace injuries and provide a measure of assurance that workplace injuries will be compensated regardless of the solvency of the employer By require employees make claim w insurance not sue Require most employers to carry worker s compensation insurance COBRA prohibits the discontinuance of insurance benefits of workers who have been separated from work Unless involuntary separation was on basis of misconduct FMLA require employer w over 50 employees to provide unpaid leave to employees who need to care for families Employee can t be terminated and can restore to same position after come back Employee privacy rights more than 2 3 employers use electronic monitoring of employees Lie Detector Tests prohibited except under the ongoing investigation Drug testing most gov t employees are subject to testing AIDS testing some states statues restricts AIDS testing Electronic Performance Surveillance If employer informs employees that surveillance will occur limitations can be avoided Screening Procedures application questions must be job related 8 Employment Related Immigration Laws Immigration reform and control Act prohibits the hiring of illegal aliens Immigration Act of 1990 limits of legal immigrants into the U S Chapter 34 Employment Discrimination Title Vll prohibits drimination in employment on the basis of race sex color religion and nationality Civil Rights Act of 1964 employers must reasonably accommodate an employee s religious practices Intentional Discrimination Disparate Treatment Applicant must prove applies to employers involved w interstate commerce w 15 or more employees member of protected class applied qualified reject for job and employer continued to seek applicant Negligent unintentional Discrimination Disparate Impact non protected applicant sues employer who tries to integrate members of protected classes into workplace Discrimination based on Race Color and National Origin Title VI prohibits intentional negligent discrimination Company policies that discriminate must demonstrate relationship to realistic qualifications for job Constructive Discharge employee can be constructive discharged and leave voluntarily Sexual Harrassments Hostile Work Environment when workplace is permeated with discriminatory intimidation Quid Pro Quo harassment involves demand for sexual favors by superior in exchange for work ridicule insult so severe to alter the conditions of the victim s employment Employers have defense if They took reasonable care to prevent any sexually harassing behavior by establishing harassment policies procedures And that employees suing failed to follow those policies Harassment by Co Workers Employer is liable only if employer knew fail to stop harassment Online harassment employees create hostile work environment using chat email to spread racial and Remedies under Title VII Liability may be extensive Plaintiff may receive Reinstatement back pay retroactive promotions sexual jokes and slurs using company s pc benefit damages 2 Age Discrimination The Age Discrimination in Employment Act ADEA protects individuals over age of 40 from workplace discrimination Employee must prove discrimination was based on age bias bigger the age gap the more likely the bias State Employees Not covered by the ADEA 3 Discrimination based on Disability The Americans with Disability Act ADA requires employers to offer reasonable accommodation to To prevail on a claim under ADA plaintiff must show applicants with disability Undue hardship has a disability qualified for employment was excluded from employment because of disability ADA defines disability as physical or mental impairment that limits one or more major life activities A record of such impairment or being regarded as having such an impairment ADA Reasonable Accommodation employee w disability can perform the job w out undue hardship on the employer Ex wheelchair ramps flexible working hours improved training materials 4 Defenses to Employment Discrimination Four defenses necessary of employer s business a Business necessity requires the employer to demonstrate imposition of job qualification is b Bona Fide requires an employer that particular skills is necessary c Seniority Systems distribution of job benefits on the length of time one has worked for employer only if it is a bona fide system After Acquired Evidence evidence of misconduct by an employee who is suing employer 5 Affirmative Action make up for past discrimination by giving preferential treatment to protected classes The Hopwood Case where
View Full Document
Unlocking...