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Employment Law

Employment Law. Day 38 …….10/21 What rights do you have as an employee? List 4 . Objective 3.01 Understand employment law. Employment Law Basics. Employment law Division of law that governs the relationship between employers and employees

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Employment Law

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  1. Employment Law Day 38…….10/21 What rights do you have as an employee? List 4. Objective 3.01 Understand employment law

  2. Employment Law Basics • Employment law • Division of law that governs the relationship between employers and employees • Stems from: tort, criminal, contract, and labor law

  3. Employer • Person or company who pays a person for a wage, salary, payment or fee in exchange for supervising and controlling the employee’s activities • Employee • Person who works for an employer for a wage, salary, payment or fee, guided by an express or implied agreement • The employee is under the control and supervision of the employer

  4. Independent contractor • Person who works for an employer for a wage, salary, payment or fee, guided by an express or implied agreement • Person is not subject to the control or supervision of an employer

  5. Express employment agreement • A formal contract, either oral or written, that specifically states the terms and conditions of employment • Implied employment agreement • An employment contract in which the terms and conditions may be inferred through the actions, comments, promises, and employment practices of either the employer or employee.

  6. NC Department of Labor Promotes the general well-being, safety, and health of NC workers by: • Enforcing occupational and health standards • Set minimum wage and maximum number of work hrs./wk. • Providing apprentice programs for the skilled trades • Conducting inspections for mines, boilers, elevators, amusement rides, and quarries.

  7. Fair Labor Standards Act a.k.a. the Wage and Hour Act Federal law sets • minimum wage* • overtime pay* • age requirements for certain types of employees This act does not apply to professional workers, executives, administrative, and outside sales employees. Minimum Wage by State

  8. NC Youth Employment Provisions of the Wage and Hour Act for Nonagricultural Occupations • Law that establishes labor standards and labor guidelines for youth 17 years old and younger • In general, children of any age are permitted to work for business owned by parents Minimum Age Standards

  9. Occupational Safety & Health Act Federal act that establishes and promotes workplace safety standards for businesses Employers should undertake specific precautions to ensure that the workplace is free of hazards that would lead to harm, permanent injury or death Violators may be fined up to $7,000 per day

  10. Americans with Disability Act Federal act that prohibits discrimination based on a person’s disability if the person with the disability is able to perform the essential functions of the job requirements

  11. Age Discrimination Act in Employment This act prohibits discrimination against applicants and employees 40 years of age or older throughout the employment process This act only apply to businesses employing 20 or more employees

  12. Family and Medical Leave Act • This act provides eligible employees with unpaid, job-protected leave for certain family or medical conditions, such as: • The birth or adoption of a child • The employee is diagnosed with a serious health condition • The employee needs to care for a close relative with a serious health condition

  13. Title VII of the Civil Rights Act of 1964 This act prohibits employment agencies, employers, and unions from discrimination against applicants and employees on the basis of race, color, religion, national origin or sex Discrimination is prohibited throughout the employment process including hiring, compensation, promotion, training, and termination

  14. Day 39…….10/22 What federal act protects you from getting paid less than $7.25/hr?

  15. The Civil Rights Act of 1991 Passed to strengthen civil rights law, in particular disparate impact • Disparate impact • An employer creates a seemingly fair employment practice that has a negative impact on members of a protected class Under this act, employers must prove that their practices are based on job qualifications

  16. Employment-at-Will Either an employer or employee can terminate employment for any reason or no reason without being liable for breach of contract Exceptions: • Contracts • Unionized employees

  17. Union An organization of employees formed to ensure favorable: Work conditions Wages Work hours Benefits Grievance procedures

  18. Types of Shops Closed shop • Employees must join the union before being hired Union shop • Non-union employees can by hired, but must join union within a certain amount of time

  19. Agency shop • Employees are not required to join the union, yet they still must pay union dues Open shop • Employees are not required to join the union or pay union dues

  20. Right to Work Law State law prohibits employers from requiring employees to join a union or pay union dues as a condition of employment. Airline and railway employees are not protected by this law What are the right to work states?

  21. Right to Work States

  22. Unemployment Compensation Insurance program that provides temporary income for qualified individuals who are unemployed through no fault of their own Eligibility requirements for collecting unemployment compensation varies by state The North Carolina Division of Employment Security handles claims.

  23. Unemployment Benefits Requirements: In North Carolina, any individual wanting to collect or continue to collect unemployment compensation must: • Register for work through the Employment Security Commission • File a claim for each week that benefits are needed • Actively seek employment during any week unemployment benefits are received

  24. U.B. Denial of: • In NC, an individual may be denied unemployment compensation if he/she: • Quits a job • Gets fired from a job • Refuses a referral job • Turns down a job offer • Refuses to Approved Commission Training • Fails to complete Approved Commission Training

  25. Social Security Social Security Act 1935 Provide financial assistance to eligible workers and their dependents in the form of retirement, disability, and death benefits • Est. Social Security • funded by the tax contributions of employees and employers

  26. S.S Disability Benefit • Replaces income when a severe long lasting disability or terminal illness prevents eligible person from doing “any substantial work” • Claim filed through Social Security Administration • Six month required elimination (waiting) period • Periodic review of status to continue benefits

  27. S.S. Retirement Benefit (if eligible) Age 62 – percent of SS available Age 65/67 - receive full benefits A person can receive social security retirement benefits if the spouse dies Medicare considered a benefit.

  28. S.S. Death Benefit Lump sum payment given to the surviving spouse upon the death of a person who worked long enough to qualify for Social Security benefits The average death benefit is $255

  29. Worker’s Compensation A government-regulated program that provides medical benefits and income to employees who are injured or who develop a disability or disease as a result of their job Indemnifies (pays) employee for their loss of income Insurance is paid for by employer

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