1 / 22

Chapter 15

Chapter 15. Important Statutes in Employer-Employee Relations . Statutes Affecting Employer-Employee Relations. 1900 – Worker’s compensation 1935 – Social Security Act 1938 – Fair Labor Standards Act 1963 – Equal Pay Act 1970 – OSHA 1974 – ERISA 1985 – COBRA

cili
Télécharger la présentation

Chapter 15

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Chapter 15 Important Statutes in Employer-Employee Relations

  2. Statutes Affecting Employer-Employee Relations 1900 – Worker’s compensation 1935 – Social Security Act 1938 – Fair Labor Standards Act 1963 – Equal Pay Act 1970 – OSHA 1974 – ERISA 1985 – COBRA 1993 – Family and Medical Leave Act

  3. Workers’ Compensation • Purpose is to pay workers or dependents for work-related injuries, diseases, or death • Common law fault • Contributory negligence • Assumption of risk • Fellow servant rule

  4. Shift to Workers’ Compensation • Common law rules were too harsh • Employer is now insurer of work-related risks such as injuries, diseases, and deaths • Represents mechanism for imposing human cost on employers

  5. Features of Workers’ Compensation Laws • State laws • Work-related injury • Back injury most common • Certain but limited recovery • Exclusivity of remedy

  6. Features of Workers’ Compensation Laws • Nonapplication to independent contractors • Funding • Administration • Employees covered • Mandatory or elective

  7. Occupational Safetyand Health Act (OSHA) • Passed in 1970 • Objectives • Keep workplace safe and healthy for employees • Preserve human resources

  8. Occupational Safetyand Health Act • Administration and records • Enforcement records • Research records • Job-related injury and accident records • Records of job hazards • OSHA standards • Regulations: interim, permanent, and temporary emergency

  9. Occupational Safetyand Health Act • Steps in OSHA’s operation • OSH Act passed • OSHA issues regulations • OSHA inspectors conduct visits • Citations are issued for violations • Administrative law judge hearing • Appeal to OSH Review Commission • Appeal to U.S. Court of Appeals • Possible appeal to U.S. Supreme Court

  10. Occupational Safetyand Health Act • Criticisms of OSHA • Vague regulations • Detailed regulations about trivial matters • Cost to businesses for compliance • Adversarial attitudes of some administrators • Triviality that may actually hurt real safety concerns

  11. Fair Labor Standards Act • Purpose was to eliminate labor conditions that did not allow employees to maintain minimum living standards • Main provisions • Direct employers to pay their workers minimum wages • Establishes equal pay, record keeping, and child labor standards

  12. Covered WorkersUnder FLSA • Laundries or dry cleaners • Constructions firms • Hospitals • School • Certain retail or service businesses • Businesses having certain annual gross sales

  13. FLSA Exemptions • Executive, administrative, and professional employees • Employees of certain individually owned small retail or service businesses • Employees of certain seasonal amusement or recreational businesses • Farm workers • Casual babysitters or sitters of the elderly

  14. FLSA • Enforcement • Wage and Hour Division of the U.S. Department of Labor • Sanctions • Civil and criminal consequences for violation • Recovery of back wages

  15. Unemployment Compensation • Where does money come from • Which employers are covered • Which employees are covered • Amount of benefits • Experience rating • Exhaustion of unemployment benefits

  16. Social Security • Social Security Act passed in 1935 and covered only workers in industry and commerce then • Act provided for administration by Social Security Administration • Originally gave nothing to workers’ dependents or disabled workers

  17. Social Security • Types of benefits • Retirement benefits • Disability and survivors’ benefits • Factors influencing size of retirement benefits • Average yearly earnings covered by Social Security • Age at retirement • Number of dependents

  18. Social Security Features • Benefits are not subject to state or local income taxes • Social Security payments may not be garnished by the beneficiary’s creditors • Social Security benefits increase if the cost of living increases • Persons must survive to get Social Security retirement benefits

  19. Regulation ofEmployee Pensions • Separate from Social Security • Employer contributions • Coverage requirement • Defined contributions • Defined benefit plans

  20. Employment Retirement Income Security Act of 1974 • Fiduciary duties • Creates fiduciary duty for plan managers and advisors • Requires records and reports • Sets plan investment restrictions • Creates federal corporation to insure employee benefits • Requires vesting of employer and employee contributions • Places funding requirements on certain plans

  21. Consolidated Omnibus Budget Reconciliation Act • To provide temporary health insurance for workers who are terminated from their jobs • No coverage if the worker is dismissed for gross misconduct • Does not require employers to provide health insurance for workers

  22. Recap – Terms to Know • Workers’ Compensation • OSHA • Fair Labor Standard Act • Equal Pay Act • Unemployment Compensation • Social Security • ERISA • COBRA

More Related