Labor Law
Describe Undocumented Workers
This act requires that employers issue I-9 form for employee eligibility verification. The purpose of the act is to prevent any illegal persons from performing work in the United States. There are criminal and financial penalties imposed to employers who are found guilty in violation of this statute.
What are the major federal statutes that regulate labor-management in the U.S.
Norris-LaGuardia Act National Labor Relations Act (NLRA) Labor Management Relations Act Labor Management Reporting and Disclosure Act Railway Labor Act
Describe Overtime Pay and how it's regulations impact employers
Overtime Pay: Under FLSA ruling, an employer is not allowed to require nonexempt employees to work over 40 hours a week without being paid 1.5 times their regular pay for each hour worked over 40 hours. Each week is treated separately.
Describe the concept of Retaliation and explain how that is implicated in the case styled, Thompson v. North American Stainless, LP
Retaliation is defined as an unlawful act taken by an employer against an employee for filing a charge of discrimination or participating in a discrimination proceeding. Retaliation in the case of Thompson V. North American Stainless, LP is implicated because Title VII grants the right of a 3rd party to bring suit against another in the case of retaliation. NAS was in the wrong, as they fired Thompson in a manner of clear retaliation due to the fact that his fiancé filed a claim to the EEOC for sex discrimination.
Describe COBRA litigation and explain how they negatively impact the firm
COBRA: Enacted in 1985, this requires that an employer must notify the employee or their beneficiaries that they are legally able to continue their group health insurance after the voluntary or involuntary termination of work for the employer due to certain qualifying events. If elected to continue these group insurance coverage post employment, they must make payment of the group premium rate. This negatively impacts the firm by holding their insurance plans still liable for any claims that noncurrent employees may file, which in return will cause for rate increases in the renewal period.
Describe collective bargaining in detail and explain the issues that may arise in the context of collective bargaining.
Collective bargaining occurs post union election. The union and employer discuss terms of employment of union members and try to negotiate a contract that embodies these terms. Once terms are agreed on a collective bargaining agreement is contracted between union and employer. The negotiation must be conducted in good faith, and it is prohibited to make take-it-or-leave-it proposals.
What can be subjects of collective bargaining?
Compulsory Subjects (wages & hours) Permissive Subjects (fringe benefits) Illegal Subjects (discrimination)
Describe the Railway Labor Act
Covers employees of the railroad and airlines carriers
Describe ERISA litigation and explain how they negatively impact the firm
ERISA: This is a federal act designed to prevent fraud and other abuses associated with private pension funds. This act requires that all pension plans be in writing and name a pension fund manager. No more than 10% of a pension fund's assets can be invested in the securities of the sponsoring employer. Vesting occurs when and employee has nonforfeitable right to receive pension benefits. First ERISA provides immediate vesting of employee's own contributions; second, it requires employers' contributions to be totally vested after 5 years or gradually vested over a seven-year period and completely vested after that. The negatives of this are that it doesn't allow for the company to gain a full investment from their employees, even if they were so to desire a higher investment option than 10%.
Describe the National Labor Relations Act (NLRA)
Enacted to establish the right of employees to form and join labor organizations
What are the key areas of Immigration law?
H-1B Foreign Guest Worker Visa EB-1 Extraordinary Ability Visa Undocumented Workers
Explain how Social Security protects workers
Social Security: Established in 1935 by Congress, this act created the federal Social Security system to provide limited retirement and death benefits to covered employees and dependents. Social Security is administered by the Social Security Administration and the benefits provided by the Social Security system include: retirement benefits, survivors' benefits to family members of deceased workers, disability benefits, and medical and hospitalization benefits (Medicare). Under the Federal Insurance Contributions Act (FICA) and Self-Employment Contributions Act, all working individuals are required to make contributions to the Social Security System.
Describe the Norris-LaGuardia Act
Stipulates that is legal for employees to organize
Describe the ADA and how it protects disabled employees and persons interacting with the business.
The ADA is a federal statute that imposes obligations on employers and providers of transportation, telecommunications, and public accommodations to accommodate individuals with disabilities. Title I of the act protects the disabled by not allowing employers to discriminate against any persons who are qualified that are disabled from job application procedures, hiring, compensation, training, promotion, and termination. Also under Title I an employer has the duty to reasonably accommodate and individual's disability and is not allowed to impose undue hardship.
Describe in your own words the Equal Employment Opportunity Commission
The EEOC stands for the Equal Employment Opportunity Commission. This is a federal agency that is responsible for enforcing anti-discrimination laws in the U.S.
Describe the Fair Labor Standards Act and how it's regulations impact employers.
The Fair Labor Standards Act (FLSA) was enacted in 1938 by Congress to protect workers. The FLSA applies to private employers and employees engaged in production of goods for interstate commerce. Private civil actions are permitted under the FLSA and The U.S. Department of Labor is empowered to enforce the rules of the FLSA. The FLSA has 3 parts to it and they are: Child Labor, Minimum Wage, and Overtime Pay.
Describe the Family Medical Leave Act.
The Family Medical Leave Act was enacted in 1993 by Congress and requires that workers are guaranteed unpaid time off from work for family and medical emergencies and other specified situations. This act applies to companies with 50+ workers, as well as federal, state, and local governments. In order to be covered by the act, an employee must: o Worked for employer for at least a year o Worked <1,250 hours of service over the past twelve-month period• Covered employers are required to provide up to 12 weeks of unpaid leave during any twelve-month period for: o The birth of and care for a child o The placement of child with an employee for adoption or foster care o A serious health condition that makes the employee unable to perform their duties o Care for a spouse, child, or parent with a serious health problem • Birth of a child or the placement of a child for adoption or foster care cannot be taken intermittently unless employer agrees • Other leaves can be take intermittently • Employer may require medical proof of claimed serious health conditions • An eligible employee who takes leave must, upon returning to work: o Be restored to either same or equivalent position o Equivalent employment benefits and pay o Not entitled to the accrual of seniority • Employer may deny restoration to a salaried employee if that employee is among the top 10% of the employer's employees if the denial is necessary to prevent "substantial and grievous economic injury" to the operations of the employer
Describe the Labor Management Relations Act
This act expands the activities that labor unions can engage in, gives employers the right to engage in free-speech efforts against unions prior to a union election, and gives the president of the United States the right to seek an injunction (for up to 80 days) against a strike that would create national emergency.
Describe the Labor Management Reporting and Disclosure Act
This act regulates internal union affairs and established the rights of union members.
What is the impact of Title VII of the Civil Rights Act of 1964?
The impact of Title VII of the Civil Rights Act of 1964 was that it eliminated discrimination in the workplace. It protected five classes: race, color, religion, sex, and national origin.
What is meant when we say that workers' compensation statutes provide the "exclusive remedy" to injured employees?
The meaning of "exclusive remedy" means that in any scenario that where an employee is injured and/or dies during the actions of their job, that they may only receive compensation from their Workers' Compensation coverage; thus meaning they are prevented from suing their employer in court for damages.
Describe H-1B Foreign Guest Worker Visa
This is a visa that allows U.S. employers to employ in the United States foreign nationals who are skilled in specialty occupations. These workers are called foreign guest workers. This allows for businesses to reach outside the U.S. for labors, which allows for an employer to have the ability to have a more highly skilled workforce.
Describe the EB-1 Extraordinary Ability Visa
This is a visa that allows U.S. employers to employ in the United States foreign nationals who possess exceptional qualifications for certain types of employment. The following are qualified workers for the visa: o Persons who can demonstrate extraordinary ability in sciences, arts, education, business, or athletics through sustained national or international acclaim o Outstanding professors and researchers who can demonstrate international recognition for outstanding achievements in a particular academic field o Multinational managers or executives employed by a firm out the United States who seek to continue work for that firm in the United States
Who is protected by Title VII of the Civil Rights Act of 1964 and what conduct is prohibited?
Title VII protects: Employers with 15+ employees, all employment agencies, labor union with 15+ employees, state and local governments and their agencies, and most federal government employment. Title VII prohibits discrimination in: housings, education, and other facets of life; along with discrimination in hiring, decisions regarding promotion or demotion, payment of compensation and fringe benefits, availability of job decisions regarding dismissal, work rules and any other "term, condition, or privilege" of employment.
What are the "government programs"
Unemployment Compensation Social Security
Explain how Unemployment Compensation protects workers
Unemployment Compensation: This act was created in 1935 by Congress to compensate workers who are temporarily unemployed. Employers under the Federal Unemployment Tax Act (FUTA), employers are required to pay the unemployment contributions (taxes). Each state establishes its' own guidelines and benefits for qualified workers.
Describe workers' compensation and how it helps employees.
Workers' compensation is a compensation that is paid from to workers and their families when an employee is injured in connection with their jobs. Workers' Compensation was enacted by the states to protect their employees, because prior to the Workers' Compensation Acts, there was nothing that help companies liable for compensation of employees who had been injured or died on the job.
Describe Child Labor and how it's regulations impact employers
oChild Labor: The FLSA prohibits the use of oppressive child labor and deems it unlawful to ship goods produced by any business that uses oppressive child labor in the production of their goods. The following regulations and standards have been set as lawful child labor: • Children under 14 cannot work except as newspaper deliverers • Children of ages 14 & 15 may work limited hours in nonhazardous jobs that must be approved by the Department of Labor • Children of ages 16 & 17 may work unlimited hours in nonhazardous jobs. • Children who work in agricultural employment and child actors and performers are exempt from these restrictions • Once a person has reached the age of 18 they are allowed to work any job, hazardous or not
Describe Minimum Wage and how it's regulations impact employers
oMinimum Wage: The FLSA establishes a minimum wage and overtime pay requirements for workers. Managers, administrative personnel, and professional employees are exempt from these regulations. The FLSA requires that workers are paid at least the federal minimum wage which has changed over time. The federal minimum wage is set by congress. It is permitted by the Department of Labor that students and apprentices can be paid less than that of the federal minimum wage, but this reduction in pay must be equal to the reasonable cost of food and lodging provided by the company to said individuals. There is a special rule that allows for employees who work a tip job to be paid less than the federal minimum wage as long as the individual's base pay and tips equal that of someone who is working the comparable amount of time and making minimum wage. If this is not true, the employer is responsible to make up the difference. Majority of the states have enacted their own state minimum wage rules; living wage rules; that are higher than that of the federal minimum wage in order to compensate for higher living costs associated with residing in that state.
Compare Disparate-Treatment discrimination and Disparate-Impact Discrimination and give an example of each (do not use an example from the textbook!).
•Disparate-Treatment discrimination occurs when an employer discriminates against a specific individual because of their race, color, national origin, sex, or religion. An example of this would be an employer refusing to higher anyone who was not of Caucasian decent. •Disparate-Impact Discrimination occurs when an employer discriminates against an entire protected class. An example of this would be an employer refusing to hire any person who affiliates themselves with a religious group other than their own.
What are the exemptions for Minimum Wage and Overtime Pay requirements?
•Executive exemption •Administrative employee exemption •Learned professional exemption •Highly compensated employee exemption •Computer employee exemption •Outside sales representative exemption
Describe various defenses that the employer might have to a lawsuit based on violations of Title VII of the Civil Rights Act of 1964.
•Merit: this defense refers to job-related experience, if someone is more highly educated than another, or by providing unbiased ability test that can prove the acts are non-discriminatory. •Seniority: Seniority defenses are capable by proof that one employee has been employed for a certain length of time. Intentional discrimination based on seniority is unlawful •Bona fide occupational qualification (BFOQ): this allows for discrimination based on sex, religion, or national origin if there is valid justification by BFOQ.
Describe the Equal Pay Act and how it impacts businesses. What are some criteria that justify wage differential?
•The Equal Pay Act is a federal statute that protects both sexes from pay discrimination based on sex. It extends to jobs that require equal skill, equal effort, equal responsibility, and similar working conditions. Justifications for differentiation in pay include, but are not limited to: o Seniority o Merit (as long as there is some identifiable measure standard) o Quantity or quality of product (i.e., commission, piecework, or quality-control-based payment systems are permitted) o "Any factor other than sex" (including shift differentials, such as night versus day shifts)
