HR Law

• Constitutional challenges
• Injunction
• Antitrust laws
• Criminal conspiracy laws

• If one side violations the CBA, the other side files a grievance
• CBA usually provides for disputes to be handled through binding arbitration
• Unappealable

violations to federal laws; enforce labor laws in the private sector

• 1. concerted activities
• 2. election of union representative

• 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)

• "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

• 1. Unfair labor practices
• 2. Election of union officers

Permits if under the following conditions:

• 1. Economic reasons
• 2. Unfair labor practice
• 3. CBA expires

• Federal, state or municipal
• Federal reserve banks
• Railroad companies under RLA, airlines
• Labor organization in rep. capacity

• Wages
• Hours
• Terms and conditions of employment

• agricultural workers
• domestics within a person's house
• employed by parent or spouse
• independent conractors
• supervisor
• those subject to RLA

• State law
• Benefits work-related injuries or illnesses
• Benefits paid by employer, state, or insurance co.

• must occur within the scope of employment
• must not be intentional or self-inflicted
• employee must not be drugged or intoxicated

• Prior defenses before W/C statutes were:
• negligence
• assumption of risk
• fellow-servant rule

• 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)

• 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

• employers do not have to provide coverage if they have fewer employees than a certain number
• (In GA, it is 3)

• Member of a protected class
• Adverse employment action
• Qualified for position
• Show Dissimilar treatment

• BFOQ
• Reasonable factor other than age
• Economic concerns
• Benefit plans and seniority systems
• Same factor defense
• ERISA, OWBPA, Distinction among benefit plans

• Proof of Pretext
• - must show that employer's defense is not the true reason for the action

• - 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

• Front and back pay
• compensation for pain and suffering
• liquidated damages equal to unpaid wage liability

• 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

• coverages all government agencies
• and private employers with 50 or more

• Must work for a covered employer
• Worked for the last 12 months
• Worked at least 1,250 hours in last 12 months
• Qualifying 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

• –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.

• •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

• Regulates: Child labor, wages and hours
• Who is covered? individuals and businesses involved
• in interstate commerce, federal employees, and most
• state and local governments

• –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)

• –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)

• •_{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.”

•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.

• Workers Compensation
• Unemployment Insurance
• Social Security

• □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

• □Welfare plans
• □Pension plans
• □Defined benefit contribution plans
• □Defined benefit plans