The Law in the Workplace

1. The Law in the Workplace Know Your Rights

2. Discrimination • Most labor laws were passed to protect workers from various forms of discrimination. • DEFINITION: treating a person or group of people differently • NOTE- Discrimination in any form in the workplace is illegal!

3. Minimum Wage • An amendment to the Fair Labor Standards Act (to be discussed later) • Established the lowest hourly wage that must be paid to employees • It is changed periodically to keep pace with inflation- Current MW is $7.30 per hour • Exceptions- Food service workers who earn tips, training periods, work/study programs at schools

4. The Fair Labor Standards Act • Protects employees from unfair treatment by employers • Covers all workers involved in international and interstate commerce • Also covers workers in education and health care • Violations reported to Employment Standards Administration or Wage & Hour Divisionof U.S. Department of Labor

5. Equal Employment Opportunity Act • Makes it illegal for discrimination in the workplace based on: •Race •Color •Religion •Sex •National Origin

6. EEOA- Con’t. • This law specifically prohibits employers from treating employees differently in the following areas: -hiring -marital status -promotions -disabilities -training -age -firings -all other workplace practices

7. EEOA- Con’t • Examples: an employer cannot reserve a secretarial position for just women, a car dealer cannot offer mechanics positions to only men, a fast food restaurant cannot refuse to hire a person based upon his/her age or religious beliefs

8. EEOA- Con’t • Employers are not discriminating when they select workers based upon the right skills and qualifications. • Examples: a school can refuse to hire a person who does not hold a teaching certificate, an office can require that a secretary be able to type 60 wpm, a car dealer can require that mechanics be certified, etc.

9. Equal Pay Act • This law was originally designed to help women get equal pay for equal work. • It applies to all workers! • This law does the following: *Prohibits unequal pay for doing essentially the same work for the same employer *Prevents the employer from lowering the wages of either sex to comply with the law

10. Equal Pay Act- Con’t. *Prevents labor organizations from causing an employer to violate the law •Any violation to this law should be reported to the Equal Employment Opportunity Commission (EEOC)

11. Americans with Disabilities Act • Prohibits employers from discriminating against people with physical disabilities • Employers must attempt to make accom-modations for an applicant with disabilities • Medical & physical requirements must be related to the business being conducted • Employers cannot ask applicants about disabilities, but can ask about his/her ability to perform the duties of the job

12. Age Discrimination Act • Prohibits employers from not hiring someone because they are older (Note: It is now being interpreted by the courts to stop people from not hiring due to youthfulness of applicant) • This law applies to all employers with 20 or more employees • When age restrictions are in place, they must apply to everyone

13. Family and Medical Leave Act • Passed to allow flexibility in normal work routines to allow employees to handle special family situations • The law addresses four conditions: -having or caring for a new baby -adopting or adding a foster child to the family -caring for a sick child, spouse, or parent -being unable to work due to serious illness

14. Family and Medical Leave Act- Con’t . • Applies to employers with 50 or more employees • Covers employees who have worked for the company for at least 12 months • Provides a total of 12 weeks off without pay, employees can keep health insurance, can return to job without loss of benefits or pay reductions

15. Child Labor Standards • 18 year old can work at any job for any number of hours • 16 & 17 year olds can work at any non-hazardous job for any number of hours (Hazardous jobs include: operating motor vehicles or power driven machinery, working with explosives or nuclear materials, and many jobs in the construction, demolition, meat processing, and other fields)

16. Child Labor Standards- Con’t. • 16 & 17 year olds cannot work before 7AM, Mon.-Fri. and after 11PM, Sun.-Thurs. when school is in session • 14 & 15 year olds can work in various non-manufacturing nonmining, and nonhazardous jobs • 14 & 15 year olds are restricted to no more than 3 hours per school day or 18 hours per week, also they can’t work before 7AM or after 7 PM

17. Child Labor Standards- Con’t. • 14 & 15 year olds during non-school periods may work no longer than 8 hours a day and no more than 40 hours per week • 14 & 15 year olds who are enrolled in an approved work experience program (CBI is one) may work up to 23 hours per school week and no more than 3 hours per school day

18. Sexual Harassment • Sexual Harassment is unwelcome sexual advancements and is illegal in the workplace. • It can be a request for sexual favors or verbal/ physical conduct of a sexual nature. • The Civil Rights Act and many state laws make this an illegal act. • 2 basic kinds of harassment- Something for something & hostile environment

19. Sexual Harassment- con’t. • Something for something- this type of harassment is usually initiated by someone in authority. Normally, some sort of threat is expressed or implied. i.e.: no promotion, no pay raise, better schedule, etc. • Keep in mind sexual harassment is often the result of someone wanting or exerting power over another.

20. Sexual Harassment- con’t. • Hostile environment- this type is not necessarily overt. It can take the form of pictures, calendars, & objects. It also includes offensive language, jokes, gestures, and comments. • Identifying a hostile environment is not easy. It can be confusing and hard to prove.

21. Sexual Harassment- con’t. • Physical harassment- is touching, holding, grabbing, and all other unwanted physical contact. It also includes the movement of another into one’s “personal space” or comfort zone. • Verbal harassment- is telling offensive jokes, using offensive language, and making suggestions or threats of a sexual nature.

22. Sexual Harassment- con’t. • Nonverbal harassment- involves offensive gestures and actions, such as: staring at a person’s body or circulating letters, e-mails, cartoons, or other material of a sexual nature. • REMEMBER- Most employers want to provide a workplace free of harassment because it is a more productive workplace. Constant tensions cause productivity to drop dramatically.

23. Discouraging Sexual Harassment • Dress appropriately for the job • Become aware of your rights and know the company’s harassment policy • Know the procedure for reporting harassment • Conduct yourself in a professional, businesslike manner at all times • NOTE- you should receive a copy of the company’s harassment policy within the 1st wk.

24. Taking Action • Remain professional-avoid being too emotional • Speak to the offender- let him/her know that you are uncomfortable and that what they are doing is illegal and you want it stopped. If it continues, send them a letter outlining your complaint and again ask them to stop. Keep a copy and file it in a safe place.

25. Taking Action- con’t. • Record the facts- write down all the important dates and details of events as soon after they occur as possible. Include who, what, when, where, and how of the incident. Be prepared to provide names of witnesses who can support your claim. • Report the offense if it continues- Report it to your supervisor, unless he/she is the problem. Then go to his/her boss.

26. Taking Action- con’t. • Outside of company report it to the EEOC or the state Department of Human Rights. • You can take your case to court. • The law prohibits employers from retaliating against employers who file a complaint or testify as a witness.

27. Violations • The Occupational Safety and Health Administration (OSHA) is responsible for setting and enforcing safety and health standards for workers. • Violations or suspected violations of workplace safety or health issues should be reported to OSHA

28. Violations- Con’t. • Problems with discrimination issues should be reported to the Equal Employment Opportunity Commission (EEOC) of the U.S. Dept. of Labor. • Problems with salary/wages or number of hours worked should be reported to the Wages and Hour Division of the U.S. Dept. of Labor.

29. Violations- Con’t. • Problems with fair treatment or fair pay should be reported to the Employment Standards Administration or Wage & Hour Division of the U.S. Department of Labor. Created by Loren E. Taber- CBI Coordinator, KCCC/Clear Fork High School