d 07.01 unit_c_employment_protection_equal_opportunity

Unit CObjective 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 LawsFair Labor Standards Act:

Restricted child labor

Minimum wage

Time and a half overtime

Equal Pay Act: equal pay for equal work

Labor LawsSocial Security: contributions by employee and employer

Work Compensation Laws: provides income if injured on the job (employer bears cost of compensation)

Civil Rights ActsCivil 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 “cause”)

Employment ActsDisparate 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 ActsAge Discrimination Employment Act: Forbids discrimination against any person age 40 or older in hiring, firing, promoting, or other aspects of employment

Older Workers’ Benefit Protection Plan: forbids discrimination against older workers in handling their employee benefit and retirement plans

Employment ActsAmericans With Disabilities Act: Forbids discrimination on the basis of a physical or mental disability if disabled individual can perform “essential function” of the job despite the disability.

Statutory Rights of Employees

Submit worker’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 Laws…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:

MiningManufacturing explosives, brick, or tileOperating power-driven hoistsLogging and saw millingDriving motor vehicles or acting as an outside helper on such vehicles (except for incidental, occasional, and school bus driving)

MORE…

Slaughtering or meat packing

Operating circular saws, band saws, or guillotine shears

Wrecking or demolishing buildings or ships

Roofing

excavating