Workplace Laws

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Workplace Laws
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Fair Labor Standards Act (FLSA)

• FLSA sets standards for minimum wage and overtime
  pay.
• Sets dangerous occupations for children under 18
• Sets working requirements for 14 and 15 year olds
• Federal Minimum Wage 5.85, Illinois Minimum Wage
  7.50

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Minimum Wage

• The minimum amount an employer must pay an
  employee
• Illinois minimum wage is 7.50 and will be 8.50
  by July 1st 2010.
• Most states have minimum wage laws, and the
  federal government has a minimum wage of 5.85
• Employee is entitled to the higher of the two
  wages.
• Tipped Employers can be exempt from minimum wage

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Child Labor Laws

• Protect youth from unfair labor practices.
• FLSA sets wage, hours worked, and safety
  requirements for minors
• Protects minors from working in dangerous
  occupations
• Regulates 14-15 and anyone under 18 years old
• Child Labor Laws can vary from state to state

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Overtime Pay

• An employer who requires or permits an employee
  to work overtime is generally required to pay the
  employee premium pay for such overtime work.
• If an employee works in excess of 40 hours per
  workweek, the employer shall pay a premium of at
  least time and a half.
• In a 44 hour workweek at 10 an hour would mean
  15/hr for the 4 hours over 40.
• Not required for weekend, night, or double-time
  pay

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Unemployment Insurance

• Provides unemployment benefits to workers who are
  unemployed through no fault of their own.
• Eligibility is based on wages earned and
  unemployment through no fault of your own.
• Must file a claim with the State Unemployment
  Insurance agency
• Must prove you are looking for work, and benefits
  are based on a percentage of income lost.

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Sexual Harassment

• Any unwelcome sexual advance.
• It isnt just rude behavior, it is a criminal
  activity
• Based on how its perceived. Not necessarily the
  intention of the harasser
• Gender is not an issue
• Includes inappropriate behavior

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Workers Compensation

• Provides compensation for employees disabled
  (temporarily or permanently) on the job.
• Can pay benefits to dependents of the disabled or
  deceased.
• Will not pay benefits if employee intentionally
  injured his or her self, or if under the
  influence of drugs or alcohol.

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Fair Employment Act Equal Employment Opportunity
Commission

• Fair Employment Act protects against
  discrimination of any age, disability, race,
  color, creed, or nationality in matters of
  employment.
• The EEOC enforces the Fair Employment Act.
• Civil Rights Act of 1964, Equal Pay Act of 1963,
  Age Discrimination Act of 1967, Americans with
  Disabilities of 1990, Rehabilitation Act of 1973,
  and Civil Rights Act of 1991 are all laws to
  protect Equal Employment Opportunities

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Occupational Safety and Health ActOSHA

• OSHA has two regulatory functions setting
  standards and conducting inspections to ensure
  that employers are providing safe and healthful
  workplaces.
• A couple of exemptions include
• Self-employed
• Farms only employing immediate family
• Working Conditions overseen by other government
  agencies (Mostly mining, nuclear energy, and
  transportation industries)

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Family and Medical Leave Act

• Provides employees with up to 12 weeks of unpaid,
  job-protected leave per year.
• Medical benefits must be maintained during the
  absence.
• Reasons for leave include
• Birth of a child
• Adoption or foster care placement
• Immediate family member with serious health
  condition
• Employee unable to work because of serious health
  issue

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Uniformed Services Employment and Reemployment
Rights Act

• USERRA - protects service members' reemployment
  rights when returning from a period of service in
  the uniformed services, and prohibits employer
  discrimination based on military service or
  obligation.
• Some Criteria
• Must have had a job and given notice.
• Cumulative period of service must not exceed 5
  years
• Must have been released of duty in good standing,
  and returned to work in a timely fashion.

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Labor Unions

• A labor union is an organization of workers
  dedicated to protecting their interests and
  improving wages, hours and working conditions.
• Workers negotiate and agree to a Collective
  Bargaining Agreement (Must have a majority)
• Pay Dues to help run the Union
• Generally have more power negotiating as a group
  rather than an individual.

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Workplace Safety
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Employers Role

• Provide a workplace free from recognized health
  and accident hazards.
• Provide equipment and materials needed to do the
  work safely and teach employees how to use them.
• Inform employees when materials or conditions are
  hazardous
• Keep Records of job-related illnesses and
  injuries

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Workers Responsibilities

• Learn to perform a job safely
• Know how to operate, maintain, and troubleshoot
  tools and equipment safely
• Report unsafe conditions or practices immediately

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On-The-Job

• What safety precautions or concerns are
  associated with your job?