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Chapter 5 Labor and Employment Laws and Regulations

Chapter 5 Labor and Employment Laws and Regulations

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Chapter 5 Labor and Employment Laws and Regulations

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  1. Chapter 5 Labor and Employment Laws and Regulations BCN 4772 Summer 2006

  2. Labor Laws and Regulations • Congress • Federal regulations • Imports and exports • Labor mobility • The State Government • Florida State Legislature • State Constitution • Employee rights become broader • Continuously adding new requirements to employers

  3. Labor Laws and Regulations • Major Laws and Regulations: • Labor Management Relations Act (LMRA) • The Fair Labor Standards Act • Title VII of the Civil Rights Act of 1964 • The Age Discrimination in Employment Act • The Americans Disability Act • Occupational Health and Safety Act • Florida State Laws • Davis Bacon Related Acts

  4. Labor Laws and Regulations • LMRA • Creates the rights of employees to bargain collectively for labor disputes • Does not pertain to railroads and airline industries • Does not provide protection for public employees, independent contractors, supervisors or agricultural employees

  5. Labor Laws and Regulations • Florida Right-to-Work Laws • Florida is a Right-to-Work State • Florida prohibits collective bargaining agreements that would require union membership as a condition of employment • Union shop • Agency shop • Maintenance of membership

  6. Labor Laws and Regulations • Fair Labor Standards Act • Sets the minimum wage currently 6.40 per hour • Also sets overtime compensation at time and one-half of the employees’ regular rate • Equal pay for equal work between sexes • Child Labor Standards • Record keeping requirements • Exemption is available under certain circumstances

  7. Labor Laws and Regulations • Overtime pay requirements • Based on hours work in excess of 40 per week • Workweek is a fixed and regular reoccurring period • Each workweek stands alone • Overtime pay must be calculated on salary employees differently

  8. Labor Laws and Regulations • Payments other than cash • Goods or facilities regarded as wages • Reasonable cost to the employer • Fair value • Includes lodging

  9. Labor Laws and Regulations • Commissions paid on a workweek basis • Must determine hours worked • Calculate overtime payments

  10. Labor Laws and Regulations • Bonuses • Discretionary bonuses • Gifts on special occasions • Long period of time

  11. Labor Laws and Regulations • Salary for workweek exceeding 40 hours • Example:

  12. Labor Laws and Regulations • Overtime pay • Must be paid after 40 hours of work in a week • May not be waived by an agreement between an employer and employee

  13. Labor Laws and Regulations • Record keeping • Identifying Information • Time related Information • Wage information

  14. Labor Laws and Regulations • Identifying Information • Full name and social security number • Address • Birth date • Sex • Occupation

  15. Labor Laws and Regulations • Time related Information • Day and week of time that workweek begins • Total hours worked each day • Total hours worked per week

  16. Labor Laws and Regulations • Wage information • Basis of wages • Regularly hour rate and overtime rate • Additions or deductions from the employees’ wages • Date of payment and the pay period

  17. Labor Laws and Regulations • Construction Industry Child Labor Restriction • Minimum of 18 years for work declared particularly hazardous • General age limitation of 16 • Limits hours anyone 16 or 17 • May not work more than 6 consecutive days in a week • No more than 30 hours per week • No more than 8 hours in one day • Limits time to 6:30am to 11:00pm

  18. Labor Laws and Regulations • Davis-Bacon Related Acts • Requires $2000+ on contract • Covers wages on federal government contracts

  19. Labor Laws and Regulations • Title VII of the Civil Rights Act of 1964 • Employer cannot discriminate on the grounds of the following: • Race • Color • Sex • Religion • National Origin

  20. Labor Laws and Regulations • Florida Human Rights Act of 1992 • Variation of the Civil Rights Act • Includes AIDS, Alcoholism and Drug Abuse

  21. Labor Laws and Regulations • Family and Medical Leave Act of 1993 • Subjected to employers with 50 or more employees • Allows up to 12 weeks of unpaid leave during any 12 month period for birth • Also covers adoption, foster care of a child, serious health condition of a family member or an employee’s own condition

  22. Labor Laws and Regulations • Public Whistle-Blowers Act • Protects employees from retaliation for disclosing employer’s violations • Americans with Disabilities Act • Must accommodate

  23. Labor Laws and Regulations • Veterans’ Re-employment Laws • Guarantees military leave of absence • Must meet specific requirements for eligibility

  24. Labor Laws and Regulations • The Employment and Training of Veterans Act • Must employ an advance qualified disabled veterans

  25. Labor Laws and Regulations • Occupational Safety and Health Act • Covers all employers engaged in business affecting commerce • Requires safe and healthful working conditions • Prohibits work in surroundings or under working conditions which are unsanitary, hazardous or dangerous • Governed by established safety and health standards imposed by OSHA • OSHA conducts workplace inspections for compliance

  26. Labor Laws and Regulations • Florida Right-to-Know Act • Employer must obtain and maintain a material safety data sheet for every toxic substance, which is present in the workplace • Must be readily available upon request • Must provide instructions on the nature and affects of each toxic substance

  27. Labor Laws and Regulations • Drug Free Workplace Act of 1988 • Covers employers on all government contracts over 25,000

  28. Labor Laws and Regulations • Workers Compensation Law • Requires employees to carry insurance covering employees-economic losses due to on the job injuries • Covers employees subject to gross negligence • Unemployment Laws

  29. Labor Laws and Regulations • Consolidated Omnibus Budget Reconciliation Act • Requires group health plan to offer coverage to qualified employees who would otherwise lose coverage under the health plan

  30. Labor Laws and Regulations • Immigration Reform and Control Act of 1986 • Prohibits hiring and retention of unauthorized aliens • Requires employment verification • Applies to all employers

  31. Labor Laws and Regulations • Worker Adjustment and Retraining Notification Act • Applies to employers who employ one hundred or more employees • Requires employers to give 60 days advanced notice of a plant closing or mass layoff

  32. Labor Laws and Regulations • What is your concern? • Owner • Manager