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Agency – Unions – FLSA . Agency Law. Employment law based on “master/servant” relationship. The “master” is responsible for the “servant”. Vicarious liability : The imposition of liability on one party for the wrongs of another.
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Agency Law • Employment law based on “master/servant” relationship. • The “master” is responsible for the “servant”. • Vicarious liability: The imposition of liability on one party for the wrongs of another. • The employer is responsible for an employees’ actions done within the course of employment. ©SHRM 2008
Unions • Norris-LaGuardia Act (1932): • Approval granted for the formation and operation of labor unions. • National Labor Relations Act (1935): • Established procedures for collective bargaining. • Established the National Labor Relations Board (NLRB) to administer and enforce union law. ©SHRM 2008
Union Membership 1983 1930 2006 ©SHRM 2008
Union Demographics • The early years (1930s): • Private sector industrial workers. • Contemporary members: • White-color public employee. ©SHRM 2008
Who Is Not Covered by NLRA? • Agricultural laborers. • Domestic workers employed in a home. • Workers employed by a parent or spouse. • Independent contractors. • Supervisors. • Federal, state or local government employees. • Employees of organizations subject to the Railway Labor Act. ©SHRM 2008
Fair Labor Standards Act – 1938 • Established child labor laws. • Set the minimum wage. • Defined a 40-hour workweek. • Set overtime for hours worked in excess of 40 hours in a week. ©SHRM 2008
FLSA Overtime Exemptions • Non-exempt employees qualify for overtime. • Exempt employees do not qualify for overtime. • Executive • Administrative • Professional employees • Outside sales employees • Employees in certain computer-related occupations ©SHRM 2008