Workplace Continued Pt. 2

Volunteer Programs

- Encourages employees to participate in charitable activities. - Some can provides employees with supplemental time off during work hours.

Federal Wage Garnishment Law of 1968

- Imposes limitations on the amount of disposable earnings that may be withheld from an employee's income in a given pay period to satisfy a wage-garnishment order for failure to pay a debt. - This law restricts the amount that can be withheld to 25 percent of an employee's disposable weekly earnings or an amount that is 30 times the FLSA minimum wage, whichever is less. - However, overdue payments to the IRS, child support in arrears, and alimony payments are a few exceptions that allow for more significant amounts to be withheld. - Employers must immediately begin income withholdings upon receipt of a garnishment order, and funds must be sent to the respective agency within seven days.

Lilly Ledbetter Fair Pay Act of 2009

- Law that allows statute of limitations to restart with each discriminatory paycheck. - Applies to all protected classes and covers both wages and pensions. - Overturned the 2007 Supreme Court decision in the Ledbetter v. Good Year Tire & Rubber Co. that started the statute of limitations after 180 days of the first discriminatory paycheck.

Employer-Imposed Exclusions to Volunteer Programs include...

- Limiting eligibility to employees with satisfactory performance. - Requiring manager approval to ensure that time off will not conflict with scheduling or productivity.

Equal Pay Act (1963)

- Prevents wage discrimination based on gender. - It requires an employer to provide equal pay to both men and women performing similar tasks unless the employer can prove that there is an acceptable reason for the difference in pay, such as merit, seniority, quantity or quality of work performed.

ERISA (Employee Retirement Income Security Act of 1974)

- Protects employees who are covered under private pensions and employee welfare benefit plans. - Ensures that employees receive promised benefits and are protected against early termination, mismanaged funds, or fraudulent activities. - Mandates that employers adhere to eligibility requirements, vesting requirements, portability practices, funding requirements, fiduciary requirements, reporting and disclosure requirements, as well as compliance testing. - Most employees who have at least 1,000 hours of work in 12 months for two consecutive years are eligible to participate in private pension plans.

FLSA of 1938 (Wagner-Connery Wages and Hours Act, or the Wage Hour Bill)

- Sets minimum wage standards, overtime pay standards, and child labor restrictions. - It is administered by the Wage and Hour Division of the Department of Labor. - FLSA separates employees as exempt or nonexempt from provisions, requires that employers calculate overtime for covered employees at one and one-half time times the regular rate of pay for all hours worked in excess of 40 hours during a week, and defines how a workweek should be measured.

There are five steps the EEOC follows when handling discrimination cases:

1) a charge filed within 180 days, 2) an attempt at a no-fault settlement, 3) an EBOC investigation, 4) an attempt to resolve through conciliation, and 5) a recommendation for or against litigation.

Examples of sex being upheld as BFOQs by the courts are

1) when social modesty morals and privacy conflicts are the main concern for clients; 2) when a position requires a defined aesthetic authenticity; or 2) when one sex is biologically unable to perform job duties. EEOC guidelines encourage employers to prepare written job descriptions listing the essential functions of a job

TAFT-HARTLEY ACT

1. Because many employers felt that the NLRA gave too much power to unions, Congress passed the Labor Management Relations Act in 1947. 2. Also known as the Taft-Hartley Act, the act sought to avoid unnecessary strikes and impose certain restrictions over union activities. 3. The act addresses four basic issues: unfair labor practices by unions, the rights of employees, the rights of employers, and national emergency strikes. 4. Moreover, the act prohibits unions from the following: Restraining or coercing employees from their right to not engage in union activities Forcing an employer to discriminate in any way against an employee to encourage or discourage union membership

Section 8 of the NRA also identifies five unfair labor practices

1. Employers shall not interfere with or coerce employees from the rights outlined in Section 7. 2. Employers shall not dominate or disrupt the formation of a labor union. 3. Employers shall not allow union membership or activity to influence hiring, firing, promotion, or related employment decisions. 4. Employers shall not discriminate against or discharge an employee who has given testimony or filed a charge with the NRA. 5. Employers cannot refuse bargaining in good faith with employee representatives.

the civil rights act of 1964 bans sexual harassment and makes it the employers responsibility to prevent it. sexual harassment can be defined as unsolicited sexual advances, requests for sexual favors, and any other conduct of sexual nature that meets any of the following conditions:

1. Obedience to such conduct is construed as a condition of employment either explicitly or implicitly 2. Obedience to or rejection of such conduct is used as the basis for employment decisions affecting an individual. 3. Such conduct produces an intimidating, hostile, or offensive working environment or otherwise has the effect of interfering with an individual's work performance.

Age Discrimination in Employment Act

1967 law that prohibits discrimination of employees 40 years and up.

Consolidated Omnibus Budget Reconciliation Act (COBRA)

Consolidated Omnibus Budget Reconciliation Act (COBRA) of 1986 requires that all employers with 20 or more employees continue the availability of healthcare benefits coverage and protects employees from the potential economic hardship from losing these benefits when they are terminated, working reduced hours, or quit. Cobra also provides coverage to the employees spouse and dependents. Typically, the employee and qualified beneficiaries are entitled to 18 months of continued coverage. There are some instances that will extend coverage for up to an additional 18 months. Coverage will be lost if the employer terminates group coverage, premium payments are not received, or new coverage becomes available.

Employee Polygraph Protection Act of 1988

Federal law that prohibits the use or suggestion of lie detector tests in most employment situations

LANDRUM-GRIFTN ACT (Also known as the labor management reporting act)

Granting equal rights to every union member with regard to nominations, attending meetings, and voting Requiring unions to submit and make available to the public a copy of its constitution, bylaws, and annual financial reports Requiring unions to hold regular elections every five years for national and every three years for local organizations Monitoring the management and investment of union funds, making embezzlement a federal crime

The FMLA has undergone some significant amendments, and human resource practitioners should be aware of the following:

If a company fails to denote an employee's leave as FMLA leave, the employee may be eligible to receive compensation for any losses incurred Prior to 2008, all FMLA disputes required Department of Labor or legal intervention. Now, employees and employers are encouraged to work any issues out in-house to avoid the cost of litigation. Light duty does not count toward FMLA taken. FMLA covers medical issues arising from preexisting conditions. Due to their unique scheduling, airline employees are eligible for FMLA after 504 or more hours worked during the preceding 12 months.

Corporate Philanthropy

Increases revenues, boosts morale and employee engagement.

The Patient Protection and Affordable Care Act (PPACA) is a comprehensive healthcare law that was passed in 2010 to establish regulation on medical services, insurance coverage, preventive services, whistle blowing, and similar practices. A few key provisions of the PPACA include the following:

Individual mandate: required all individuals to maintain health insurance or pay a penalty; however, it was removed from the statute effective tax year 2019 State healthcare exchanges: provides individuals and families a portal in which they can shop through a variety of plans and purchase healthcare coverage Employer shared responsibility: requires that employers with more than 50 employees provide affordable coverage to all employees that work 30 or more hours per week or pay a penalty Affordable coverage: does not allow employers to shift the burden of healthcare costs to employees and imposes a penalty for employees who obtain government subsidies for coverage Flexible spending accounts (FSAs): imposes a cap on pretax contributions to flexible sending accounts, health reimbursements arrangements (HRAs) and HSAs. Wellness incentives: to employers to provide premium discounts for employees who meet wellness requirements Excise tax on "Cadillac" plans: will impose excise tax on employers that provide expensive coverage beginning in 2022 W-2 reporting requirements: requires employers to report the cost of coverage under employer-sponsored group health plans on each employee's W-2 form Summary of benefits coverage: requires insurance companies and employers to provide individuals with a summary of benefits coverage (SBC) using a standard form Whistle-blower protections: amends the FLSA to prohibit employers from retaliating against an employee who applies for health benefit subsidies or tax credits

NATIONAL FEDERATION OF INDEPENDENT BUSINESS V. SEBELIUS (2012)

Opponents of the PPACA argued that certain provisions of the law, such as the individual mandate, were unconstitutional. The court ultimately ruled that PPACA was constitutional, and it remained intact until President Trump reversed the individual mandate effective 2019. Other elements of the PPACA legislation are still currently in place.

NLRA

Passed by congress in 1935 after a long period of conflict in labor relations. Also known as the Wagner Act, after the New York Senator Robert Wagner, it was intended to be an economic stabilizer and establish collective bargaining in industrial relations. Section 7 of the NLRA provides employees with the right to form, join, or assist labor organizations as well as the right to engage in concerted activities such as collective bargaining through representatives or other mutual aid.

Volunteers serve as...

Philanthropic representatives of the company in the community that can have a strong impact on the public.

GRIGGS V. DUKE POWER CO. (1971)

Prior to the 1964 Civil Rights Act, Duke Power Co. segregated employees by race. Once the act passed, the company started requiring a high school diploma and a certain score on an IQ test to qualify for any positions above manual labor. As a result, many African Americans could not obtain the higher-paying jobs. This 1971 case determined that employers must be able to demonstrate that position requirements are actually linked to being able to perform the work It also determined that employers may be charged with discrimination, even if they did not intend to discriminate. This is known as disparate impact.

Child Labor Provisions

Protect minors from positions that may be be harmful or detrimental to their health and well-being; also regulates the hours minors can legally work.

Civil rights acts

The 13th and 14th Amendments address equal protection in employment rights by state and local governments for all citizens. Moreover, major prohibitions against racial discrimination in hiring, placement and continuation of employment contracts by private employers, unions, and employment agencies date back to early Civil rights act of 1866 and 1870. National labor relations act of 1935 prohibits racial discrimination in labor unions by, requiring fair representation for all However, New York was the first state to pass additional regulations to eliminate discrimination in state employment due to race, creed, color, or national origin with their Fair Employment Practices Act of 1945. This was well before Title VII of the Civil Rights Act of 1964 prohibited employment discrimination based on race, color. religion sex or national origin to all employers with 15 or more employees. Title VII was amended by the Equal Employment Opportunity Act of 1972, which strengthened the enforcement and expanded Coverage so that one person could file suit on behalf of many affected individuals for equal damages.

ADA

The ADA was established in 1990 to protect individuals with physical or mental impairments from job discrimination. The law requires that all employers with 15 or more employees make reasonable accommodations to employ disabled people who are otherwise qualified. Amendments to the act broaden the definition of disability to include anything that severely limits a major life activity or bodily function.

FMLA

The FMLA of 1993 is a federal regulation that provides employees the right to a maximum limit of 12 weeks of unpaid leave each 12-month period for the specified care of medical conditions that affect themselves or immediate family members. To be eligible for FMLA leave, an employee must have worked for a covered employer for the preceding 12 months and for a minimum of 1,250 hours during that time. All private employers, public or government agencies, and local schools with 50 or more employees within a 75-mile radius must adhere to the regulations.

UGESP

The Uniform Guidelines on Employee Selection Procedures (UGESP), which were passed in 1978, are actually a collection of principles, techniques, and procedures designed to help employers comply with federal anti-discrimination laws.

PREGNANCY DISCRIMINATION IN EMPLOYMENT ACT OF 1978

There are two main clauses of the Pregnancy Discrimination in Employment Act of 1978, The first cause applies to Title VIls prohibition against sex discrimination, which also applies to prejudice on the basis of childbirth, pregnancy, or related medical conditions. the second clause requires that employers treat women affected by pregnancy the same as all others for all employment related reasons

NIRB VS. WEINGARTEN (1975)

This case resulted in union employees being able to request coworker presence at investigatory meetings that may involve disciplinary action. In 2000, the NLRB expanded this protection to nonunion employees. These are known as Weingarten rights.

The Purpose of Minimum Wage Standards

To ensure a living wage and to reduce poverty for low-income families, minority workers, and women.

Equal Employment Opportunity Commission (EEOC)

a federal agency designed to regulate and enforce the provisions of Title VII The primary responsibility of the EEOC is to prevent discrimination based on race, color, religion, sex, origin, disability, or age. Employers are obligated to furnish any information the EEOC requests, including annual reporting. for employers with 50 or more employees.

The Uniformed Services Employment and Re-Employment Rights Act (USERRA) of 1994

applicable to all employers. USERRA forbids employers from denying employment, reemployment, retention, promotion, or employment benefits due to service in the uniformed services. Employees absent in services for less than 31 days must report to the employer within eight hours after arriving safely home. Those who are absent between 31 and 180 days must submit an application for reemployment within 14 days. Those who are absent 181 days or more have 90 days to submit an applicant for reemployment. Employees are entitled to the positions that they would have held if they had remained continuously employed. Moreover, the escalator principle further entitles returning. employees to all of the seniority-based benefits they had when their service began plus anyadditional benefits they would have accrued with reasonable certainty if they had remained Continuously employed. Likewise, employees cannot be required to use accrued vacation or PTO during absences. USERRA requires all healthcare plans to provide COBRA coverage for up to 18 months of absence and entitles employees to restoration of coverage upon return.

The WARN Act

applies to employers with more than 100 full-time workers or more than 100 full. and part-time workers totaling at least 4,000 hours per week. The WARN Act requires that employers provide a minimum of 60 days notice to local government and affected workers in the event of a plant closing that will result in job loss for 50 or more employees during a 30-day period and mass layoffs that will result in job loss for greater than 33 percent of workers or more than 500, employees during a 30-day period. There are few situational exceptions to the WARN Act, including natural disasters and unforeseeable business circumstances.

Genetic Information Nondiscrimination Act (GINA)

is a federal law for all employers passed in 2008 that makes it illegal for genetic information about a person or a family member to be used to deny enrollment in an insured or self-insured health care plan or to change the individual's premiums or contribution rates.

The Civil Rights Act Section 703(e)

states that it is legal to discriminate on the basis of sex, religion, or national origin in special occasions where the specified characteristic is a 'bona fide occupational qualification (BFOQ) and reasonably necessary to normal operations and the survival of that particular business or enterprise." It is the employer's responsibility to prove and corroborate a BFOQ and its necessary to business operations and that no other options are available that would have less discriminatory impact.

VOCATIONAL REHABILITATION ACT

the Vocational Rehabilitation Act was intended to increase occupational opportunities for disabled individuals and to prohibit discrimination against "handicapped" persons. The Rehabilitation Act applies to federal government contractors and subcontractors holding contracts or subcontracts of $10,000 or more. Contractors and subcontractors with greater than $50.000 in contracts and more than 50 employees must develop written affirmative action plans that address hiring and promoting persons with disabilities. Although there are regulations that protect those engaged in addiction treatment, this act does not protect against individuals who currently suffer with substance abuse that prevents them from performing the duties of the job or whose employment would constitute a direct threat to the safety and property of others.

LECHMERE, INC. VS. NLRB (1992)

this case determined that non employee union organizers may solicit employees on private company property if no other reasonable alternative to contact employees exists. This preserves the employees' right to organize.

The Homeland Security Act of 2002

transferred control of immigration from the Department of Justice to the Department of Homeland Security's two bureaus: the Immigration and Customs Enforcement (ICE) and the U.S. Customs and Immigration Services (USCIS). New employees of all U.S. employers are required to complete and sign an I-9. verification form designed by the USCIS to certify that they are eligible for employment. The form requires two types of verification: 1) proof of identity and 2) evidence of employment authorization.

The Immigration Reform and Control Act (IRCA)

was passed in 1986 by Congress to reduce the volume of illegal immigrants coming into the United States for employment opportunities. The IRCA prohibits any employer from hiring illegal immigrants.

The Health Insurance Portability and Accountability Act (HIPAA)

was passed in 1996 to provide greater protections and portability in healthcare coverage. Some individuals felt locked into current employer plans and feared that they would not be able to obtain coverage from a new employer plan due to preexisting conditions. Credible coverage involves being covered under typical group health plans, and this coverage must be renewable to most groups and individuals as long as premiums are paid. Medical savings accounts were created by Congress for those who are self-employed or otherwise not eligible for credible coverage. Individuals who are self-employed are also allowed to take 80 percent of health-related expenses as a deduction. Finally, HIPAA introduced a series of several regulations that impose civil and criminal penalties on employers who disclose personal health information without consent.

The Privacy Protection Act of 1974

was passed to protect the privacy of individuals employed by government agencies or by government contractors. Although this act prohibits government agencies from disclosing individual personnel records, the Freedom of Information Act requires these agencies to release certain information, like what the organization does or how it is organized. However, requests for information that could constitute a disclosure of personal privacy are exempt and remain protected. The Privacy Act also established the Privacy Protection Study Commission, which has outlined three main policy goals: minimize intrusiveness maximize fairness create legitimate expectations of confidentiality