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Employment Law

Employment Law. Chapter 20.2 “Legislation Affecting Employment”. Regulating Collective Bargaining. Government has played an active role in regulating collective bargaining In the past, courts held that collective bargaining to be an illegal conspiracy

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Employment Law

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  1. Employment Law

    Chapter 20.2 “Legislation Affecting Employment”
  2. Regulating Collective Bargaining Government has played an active role in regulating collective bargaining In the past, courts held that collective bargaining to be an illegal conspiracy Attitudes changed and the courts did too Now the government encourages collective bargaining People started to feel that the government should regulate the process to some extent
  3. Wagner Act The first law addressing collective bargaining AKA “The National Labor Relations Act of 1935” Purpose was to encourage collective bargaining Discourage certain unfair labor practices Provide federal assistance in obtaining fair bargaining Established guidelines for employment concerns States that employers must negotiate “wages, hours, and conditions of employment”
  4. Taft-Hartley Act AKA “Labor-Movement Relations Act (an amendment to the Wagner Act) Purpose was to equalize the power of labor and management Provided a “cooling off” period (President could postpone a strike for up to 60 days) Made ‘closed shop’ illegal – business that requires you to be in a union “featherbedding’ – assigning more employees than needed for a job – illegal by this act
  5. Landrum-Griffin Act Wagner Act further amended in 1959 became the “Labor Management Reporting and Disclosure” AKA Landrum-Griffin Act Primary goal was to stop corruption in the unions All unions must register their constitutions and bylaws with the Secretary of Labor Must submit yearly reports on their financial condition
  6. Regulating Employment of Minors Laws enacted to protect children who enter the labor force State Child Labor Laws Federal Child Labor Laws Industry-Education Cooperation
  7. State Child Labor Laws These laws developed slowly 1842, Massachusetts and Connecticut passed laws limited the hours a child could work As early as 1930, only 44 states had child labor laws Many states specify certain types of activities that cannot be performed by minors on the job Example: dangerous machinery
  8. Federal Child Labor Laws Positive step was the child labor portion of the Fair Labor Standard Act of 1938 –updated in 1974 Prohibits the interstate or foreign trade shipment of any goods produced in factories in which “oppressive child labor” had been used within 30 days of the removal of the goods There are federal guidelines and individual state guidelines for children between the ages of 14 and 16 mainly
  9. Industry-Education Cooperation Many industries have their own codes that restrict child labor Other industries conform only if forced by law One of the problems with child labor is its interference with education Work permits are used to regulate child labor from state to state
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