The employment relationship is a contractual relationship between what parties? (Check all that apply.)
The Federal Unemployment Tax Act (FUTA), passed in 1935 , created a state system to provide to qualified employees who lose their jobs.
Employers in covered industries are required under the FLSA to pay a federal wage.
The employer and employee are covered under the state workers' compensation system.
An illegal labor action in which unionized employees who have a labor dispute with their employer boycott another company to force it to cease doing business with their employer.
A boycott against an employer with whom the union is directly engaged in a labor dispute.
An exception to the employment at-will doctrine which provides that an implied employment contract may arise from statements the employer makes in an employment handbook or materials advertising the position.
Federal legislation designed to curtail some of the powers that unions had acquired under the Wagner Act; designates certain union actions as unfair. Also called Labor-Management Relations Act.
Labor Law The Wagner Act of 1935 The first major piece of federal legislation adopted explicitly to encourage the formation of labor unions and provide for collective bargaining between employers and unions as a means of obtaining the peaceful settlement of labor dispute was the Wagner Act The key sections of the Wagner Act: 1. Section 7, which provides, “Employees shall have the right to self-organization, to join, form or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in concerted activities for the purpose of collective bargaining or other mutual aid and protection.”2. Section 8 (a), which specifies the actions that are prohibited as employer unfair labor practices. The Wagner Act also created an administrative agency, the National Labor Relations Board (NLRB), to interpret and enforce the NLRA. Finally, it provides for judicial review in designated federal courts of appeal. The Taft- Hartley Act of 1947 Taft-Hartley Act also known as the Labor-Management Relations Act, designed to curtail some of the powers the unions had acquired under the Wagner Act. Just as Section 8 (a) of the Wagner Act designated certain employer actions as unfair, Section 8 (b) of the Taft-Hartley Act designed certain union actions as unfair. The Landrum-Griffin Act of 1959 The Landrum-Griffin Act primarily governs the internal operations of labor unions. This act, a response to evidence of certain undesirable internal labor union practices, requires financial disclosures by unions and establishes civil and criminal penalties for financial abuses by union officials. “Labor’s Bill of Rights,” contained in the act, protects employees from their own unions.The National Labor Relations Board The National Labor Relations Board (NLRB) interprets and enforces the National Labor Relations Act (NLRA). The NLRB’s three primary functions areto: 1. Monitor the conduct of the employer and the union during an election to determine whether workers want to be represented by a union2. Prevent and remedy unfair labor practices by employers or unions 3. Establish rules interpreting the act.
Ch.42 Employment and Labor LawIntroduction to Labor and Employment Law The employment relationship is a contractual relationship between the employer and the employee: The employer agrees to pay the employee a certain amount of money in exchange for the employee’s agreement to render specific servicesFair Labor Standards Act The Fair Labor Standards Act (FLSA) covers all employers engaged in interstate commerce or the production of goods for interstate commerce FLSA requires that a minimum wage of a specified amount be paid to all employees in covered industries. The specified amount of periodically raised by Congress to compensate for increases in the cost of living caused by inflation. FLSA mandates that employees who work more than 40 hours in a week be paid no less than one and one half times their regular wage for all the hours they work beyond 40 hours during a given week. Four categories of employees are excluded: -Executives-Administrative employees-Professional employees -Outside salespersonsLegal Principle: Employers in covered industries are required to pay a federal minimum wage.Family and Medical Leave Act When the Family and Medical Leave Act (FMLA) went into effect in 1993, it was hailed by its supporters as a “breakthrough” and feared by its opponents as anunwieldy encumbrance on business. FMLA covers all public employers, as well as private employers with 50 or more employees. It guarantees all eligible employees (those who have worked at least 25 hours a week for each of 12 months before the leave) up to 12 weeks of unpaid leave during any 12-month period for any of the following family-related occurrences: -The birth of a child-The adoption of a child-The placement of a foster child in the employee’s care -The care of a seriously ill spouse, parent, or child-A serious health condition that renders the employee unable to perform any of the essential functions of his or her job To exercise rights under FMLA, an employee whose need is foreseeable (such as for childbirth) must advise the employer at least 30 days before the leave needs to begin. If the leave is unforeseeable, the employee must give notice as soon as practicable, defined as within one or two business days after the need becomes known. When their FMLA leaves terminate, employees must be restored to the same position they held, or one with substantially equivalent skills, effort, responsibility, and authority
Unemployment Compensation The Federal Unemployment Tax Act (FUTA) passed in 1935, created a state system to provide unemployment compensation to qualified empliyees who lose their jobs. Under this law, employers pay taxes to the states, which deposit the money into the federal government’s Unemployment Insurance Fund. Each state has an account from which it can access money in accordance with state eligibility rules. Consolidated Omnibus Budget Reconciliation Act of 1985 TheConsolidated Omnibus Budget Reconciliation Act (COBRA) ensures that employees who lose their jobs or have their hours reduces to a level at which they are no longer eligible to receive medical, dental, or optical benefits can continue receiving benefits for themselves and their dependents under the employer’s policy. The employee must pay the premiums for the policy, plus up to a 2% administration fee, to maintain coverage up to 18 month, or 29 months if disabled. COBRA benefits do not arise under either of two conditions: 1. The employee is fired for gross misconduct 2. The employer decides to eliminate benefits for all current employees
Employee Retirement Income Security Act of 1974 The Employee Retirement Income Security Act (ERISA) is “a federal law that sets minimum standards for most voluntarily established pension and health plans in private industry to provide protection for individuals in these plans.” Under ERISA, employers must provide participants with all the following: 1. Plan information (features and funding)2. Assurances that those in charge of managing plan assets have fiduciary responsibility3. A grievance and appeals process for participants to get benefits from their plans 4. The right to sue for benefits and breaches of fiduciary dutyLegal Principle: ERISA requires that private employers keep employees informed about voluntarily established pension and health plans Occupational Safety and Health Act of 1970 The federal government regulates workplace safety primarily through the Occupational Safety and Health ACT (OSHA), which requires that every employer “furnish to each of his employees… employment… free from recognized hazards that are likely to cause death or serious physical harm.” The Occupational Safety and Health Administration promulgates workplace safety standards, inspects facilities for compliance, and brings enforcement actions against violators.Employment-at-Will Doctrine and Wrongful Termination Unless an employee belongs to a union or has an employment contract with his or her employer, the employment relationship is governed by the employment-at- will doctrine This doctrine provides that a contract of employment for an indeterminate period of time may be terminated at will by either party, at any time, for any reason.