Chapter 4 Human Resource Law (HSCI 3200)

National Labor Relation Act (NLRA) of 1935

- Regulates union and emplyer relations in the private sector - Gives employees the right to self-organize, to form, join, or assist labor organization - Allows employees to bargain collectively through whoever they chose as their representative and to engage in other acttivies for mutual and protection

WHISTLEBLOWER PROTECTION

- most frequent alleged basis of discrimination in federal sector - unlawful to retaliate against applicant/employee

Consolidated Omnibus Budget Reconciliation Act (COBRA) of 1986

Provides continued health insurance for a certain period of time for those who have lost coverage because of termination or in some other consequence

Compensation includes

direct and indirect pay

Emplyment "at will"

employees can be terminated at any time for any reason (or no reason)

Employees

employer's right to control details

grievance procedure

handles situations such as violation of a work rule or other condition of employment, begins with the employee and the supervisor

joint employer classification

temp workers from staffing agencies ("nurse travelers")

Benefits include

- Medical, dental, life, accident insurance - child and elder care - retirement plans - longevity pay - paid time off - paid sick time

Voluntary Benefits

- Vacation Leave - Sick Leave - Family and Medical Leave - Health insurance - Retirement plans - Other (car allowance, club memberships, bonuses, severance package)

determination of employee vs independent contractor

- controls over behavior - controls over financial aspect - type of relationship (contractual benefits, permanency, etc.)

Fair Labor Standards Act of 1938 (and amendments)

- establishes federal minimum wage and rules for overtime pay - age limitation on hiring children - worker's right to form unions and enagge in collective bargaining

importance of employee classification

- tax implication (Social security, medicare contributions, unemployment compensation, worker's compensation, voluntary benefits) - labor relations

Consequences of Joint employer classification

Both could be liable for violations of law, unfair, labor practices

Equal Employment Opportunity Commission (EEOC)

Enforces federal laws that discriminate against employee or job applicant on basis of: - age - disability - race - etc.

The Occupational Safety and Health Administration (OSHA)

Provide a safe work environment that comply with health standards

Goal of Workplace Law

To strike a balance between employee and employer that protects the employee from personal injury, prejudice, duress, and unwanted sexual advances while allowing the employer to pursue desired business outcomes

Occupational Exposure to Bloodborne Pathogens of 1991 and Needlestick Safety and Prevention Act of 2001

both apart of OSHA

temporary/part-time

can work for multiple employer

aggrieved employees argue the HR manual =

implied contract of fairness

Arbitration

issues that are not settled go to hearings by a third party to settle an agreement

Independent contractors

not subject to detailed, day-to-day control; only controls end result of work

nonexempt employees

paid minimum wage and time-and-a-half for overtime

Title VII of the Civil RIghts Act of 1866 and 1964

prohibits discrimination based on age, race, color, national origin, sex, religion, age, disability, political beliefs, and marital or familial status

"statutory employees" are

rare in healthcare organization

union steward

represents the employee

Employment Retirement Income Security Act of 1974 (ERISA)

sets minimum standard for most voluntarily established pension and health plans in private industry to provide protection for individuals in these plans

Sexual harassment

unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature OR when quid pro quo (I will promote you if you return something for me) is involved