d 07.01 unit_c_employment_protection_equal_opportunity
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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