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Describe four means of controlling early unionization
- Constitutional challenges
- Injunction
- Antitrust laws
- Criminal conspiracy laws
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Collection Bargaining Agreement (CBA)
- If one side violations the CBA, the other side files a grievance
- CBA usually provides for disputes to be handled through binding arbitration
- Unappealable
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National Labor Relations Act (NLRB)
violations to federal laws; enforce labor laws in the private sector
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Two purposes of CBAs
- 1. concerted activities
- 2. election of union representative
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Four main laws are the statutory basis for labor law and unionization
- The Norris LaGuardia Act (attempts to control unions)
- The Wagner/NLRA
- The Taft-Hartley Act (amendment to NLRB - permitted right to work laws)
- The Landrum-Griffin Act (provided a bill of rights for union members)
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Protection under the NLRA
- "Concerted activity" undertaken with or on behalf of other employees
- Undertaken "in mutual aid or support" of a group
NOTE: Protection may be lost if it constitutes insubordination, disobedience or disloyalty
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NLRB handles two types of cases
- 1. Unfair labor practices
- 2. Election of union officers
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Strikes and Lockouts
Permits if under the following conditions:
- 1. Economic reasons
- 2. Unfair labor practice
- 3. CBA expires
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Excluded Employers
- Federal, state or municipal
- Federal reserve banks
- Railroad companies under RLA, airlines
- Labor organization in rep. capacity
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What are the 3 mandatory factors for bargaining?
- Wages
- Hours
- Terms and conditions of employment
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Exempt Employees
- agricultural workers
- domestics within a person's house
- employed by parent or spouse
- independent conractors
- supervisor
- those subject to RLA
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Worker's Compensation
- State law
- Benefits work-related injuries or illnesses
- Benefits paid by employer, state, or insurance co.
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W/C Work related injuries
- must occur within the scope of employment
- must not be intentional or self-inflicted
- employee must not be drugged or intoxicated
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Workers' Compensation began in 1900s
- Prior defenses before W/C statutes were:
- negligence
- assumption of risk
- fellow-servant rule
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What does Workers' Compensation cover?
- medical bills
- lost income (2/3 of salary; not subject to income tax)
- recovery for loss of body part(s)
- rehabilitation
- death benefits to dependent(s)
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Advantages / Disadvantages to Workers' Comp.
- Advantages:
- employer is strictly liable, less for employee to provide, paid faster
- Disadvantages:
- employee collect less than a lawsuit
- employer cannot be sued in negligence
- given up opportunity for 100% lost income, pain and suffering and punitive damages
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Workers' Comp. -- Who is Covered?
- employers do not have to provide coverage if they have fewer employees than a certain number
- (In GA, it is 3)
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Prima Facie for Age Discrimination
- Member of a protected class
- Adverse employment action
- Qualified for position
- Show Dissimilar treatment
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Employer Defense (Age Discrimination)
- BFOQ
- Reasonable factor other than age
- Economic concerns
- Benefit plans and seniority systems
- Same factor defense
- ERISA, OWBPA, Distinction among benefit plans
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Age Discrimination - Employee's Response
- Proof of Pretext
- - must show that employer's defense is not the true reason for the action
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Age Discrimination - BFOQ
- - the age limit is reasonably necessary to the essence of business
- - all of the individual over that age are unable to perform the job's duties
- - some individuals over that age possess a disqualifying trait that cannot be
- ascertained, except by reference of age
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Age Discrimination - Remedies
- Front and back pay
- compensation for pain and suffering
- liquidated damages equal to unpaid wage liability
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Waivers of ADEA (validity)
- Written and plainly worded; legal counsel
- legal consideration for acceptance
- employees must be given 21 days to consider (45 days for early retirees)
- waiver agreements not final - can be revoked within 7 days of acceptance
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Family Medical Leave Act (FMLA)
- coverages all government agencies
- and private employers with 50 or more
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FMLA Qualifications
- Must work for a covered employer
- Worked for the last 12 months
- Worked at least 1,250 hours in last 12 months
- Qualifying event
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FMLA Qualified Event
- birth of child
- placement of child with employee for adoption or foster care
- serious condition of spouse, parent or child
- serious condition of employee making them
- unable to perform work
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Uniformed Services Employment and Reemployment Rights Act (USERRA)
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–Prohibit discrimination against members of military.
- –Leave to serve must be treated as not absent.
- –Returning veterans must be re-employed and reasonable efforts used to place them in the position they would have attained if not for military service.
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•Supreme Court determined that pregnancy discrimination was not gender discrimination under Title VII
- •182 percent increase in the filing of pregnancy discrimination charges over the past 10 years
- •Pregnancy Discrimination Act amended Title VII to include pregnancy discrimination
- –Includes pregnancy, childbirth, or related medical conditions
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DOL's Wage and Hour Division
- Regulates: Child labor, wages and hours
- Who is covered? individuals and businesses involved
- in interstate commerce, federal employees, and most
- state and local governments
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–to $5.85 per hour effective July 24, 2007;
- –to $6.55 per hour effective July 24, 2008;
- –and to $7.25 per hour effective July 24, 2009.
- –(up from $.25 per hour in 1938)
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Exemptions from FLSA
Two Primary Tests
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•Duties Test
- –To determine whether employee’s duties are genuinely executive, administrative, or professional
- –Not controlled by job title
- –Must be paid a salary
- •Salary Basis Test
- –Must be paid a pre-specified sum of at least $455/week
- –Pay cannot be docked for off time (pay docking rule)
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•No minor under 12 may be employed.
- •Minors under 16 who have not graduated must have a work certificate from school.
- •Minors under 16 may not be employed between the hours of 9:00 p.m. and 6:00 a.m., more than 4 hours a day during the school year, more than 8 hours a day during vacations and not more than 40 hours a week. (May be different rules for agricultural industries.)
- •Minors under 16 may not be employed in a “dangerous occupation.”
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Federal Law Does Not Cover: Lunch requirements
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•An employer does not have to provide lunch or coffee breaks. Also, an employer does not have to pay employees for lunch breaks that they are given.
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Federal Law Does Not Cover: Coffee Breaks
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•The federal government does not require coffee breaks. However, any short breaks (usually 5-20 minutes) that you are given must be paid.
•A few states require breaks. In these states, you generally get a 10-minute break for every 4-hour shift. These states include: California, Colorado, Illinois, Kentucky, Minnesota, Nevada, Oregon, and Washington.
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What benefits must employers provide?
- Workers Compensation
- Unemployment Insurance
- Social Security
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Federal Old Age, Survivors and Disability Insurance (OASDI)
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Pays out monthly benefits to retired people, to families whose wage earner has died, and to workers unemployed due to sickness or accident.
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Employee Retirement Income Security Act (ERISA)
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□Title I requires that employers:
- □Advise employees regarding the benefits they offer
- □Deliver promised benefits
- □Provide claims and appeal procedures
- □Manage benefits wisely and for the benefit of its employees, a fiduciary duty
- □Not interfere with or retaliate against beneficiaries
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Two types of plans under ERISA
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□ERISA covers employee benefit plans
- □Welfare plans
- □Pension plans
- □Defined benefit contribution plans
- □Defined benefit plans
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