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Chapter 5 Labor and Employment Laws and Regulations

Chapter 5 Labor and Employment Laws and Regulations. BCN 4772 Summer 2006. Labor Laws and Regulations. Congress Federal regulations Imports and exports Labor mobility The State Government Florida State Legislature State Constitution Employee rights become broader

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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

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