Chapter 21.1: Employment Conditions & Benefit Laws Section 21.1 Health & Safety Fair Wages & Benefits Privacy

Chapter 21.1: Employment Chapter 21.1: Employment Conditions & Benefit LawsConditions & Benefit Laws

Section 21.1Section 21.1

Health & SafetyHealth & Safety

Fair Wages & BenefitsFair Wages & Benefits

PrivacyPrivacy

Employment Condition Employment Condition LawsLaws

• There are 3 areas covered by Employment There are 3 areas covered by Employment Law:Law:

• Health & SafetyHealth & Safety• Fair Wages & BenefitsFair Wages & Benefits• PrivacyPrivacy


• Health & SafetyHealth & Safety

• Occupational Safety & Health Act of Occupational Safety & Health Act of 19701970• Ensures employees are protected in Ensures employees are protected in

workplaceworkplace• Established Established Occupational Safety & Occupational Safety &

Health Administration (OSHA) Health Administration (OSHA) - an - an agency of the federal governmentagency of the federal government that sets that sets safety & health standards for safety & health standards for companiescompanies


• OSHAOSHA uses 2 approaches to accomplish its mission uses 2 approaches to accomplish its mission

• 1. Imposes upon employers the duty to maintain a 1. Imposes upon employers the duty to maintain a safe & healthy work environmentsafe & healthy work environment

• 2. Creates rules that outline the safety steps 2. Creates rules that outline the safety steps businesses must maintainbusinesses must maintain

• DONE THROUGH DONE THROUGH

****random workplace inspections ****random workplace inspections

(worksite visits after a death, disaster or (worksite visits after a death, disaster or employee complaint)employee complaint)

****fines****fines


• Wages, Hours & BenefitsWages, Hours & Benefits

• The Federal Gov’t. has passed laws that set The Federal Gov’t. has passed laws that set standards for employers regarding the standards for employers regarding the above:above:• Fair Labor Standards Act (FLSA)Fair Labor Standards Act (FLSA)• Equal Pay Act (EPA)Equal Pay Act (EPA)• Employment Retirement Income Security Employment Retirement Income Security

ActAct• Family & Medical Leave Act (FMLA)Family & Medical Leave Act (FMLA)


• Fair Labor Standards ActFair Labor Standards Act

• Requires certain employers to pay their Requires certain employers to pay their works a works a legal minimum hourly wage legal minimum hourly wage raterate

• PLUS time and a half PLUS time and a half (overtime) (overtime) for all for all work over 40 hours per weekwork over 40 hours per week

• Regulates the employment of Regulates the employment of minorsminors



• Equal Pay Act - 1963Equal Pay Act - 1963

• Amendment to FLSAAmendment to FLSA

• Established Established Equal Pay Rule - Equal Pay Rule - employers employers engaged in interstate commerce must pay engaged in interstate commerce must pay women the same rate of pay as men women the same rate of pay as men holding same type of jobholding same type of job – – This is a This is a GENDERGENDER law not a RACE law.law not a RACE law.

Hourly workersHourly workers Executives & Executives & AdministratorsAdministrators

Salaried salespeopleSalaried salespeople Professional employeesProfessional employees


• Employment Retirement Income Security Employment Retirement Income Security ActAct

Prevents abuse of employee retirement moneyPrevents abuse of employee retirement money

• Pension Plan Pension Plan - program established by an - program established by an employer or union designed to provide income employer or union designed to provide income to employees after they retire (not controlled to employees after they retire (not controlled by employer but outside fund)by employer but outside fund)

Before…Before…funds in retirement plans were funds in retirement plans were mismanaged or used for other business expenses mismanaged or used for other business expenses resulting in loss of benefits for employeesresulting in loss of benefits for employees


• Family & Medical Leave ActFamily & Medical Leave Act

Employees of companies with 50+ Employees of companies with 50+ workers are entitled to 12 weeks of workers are entitled to 12 weeks of leave during any 12 month periodleave during any 12 month period

Examples:Examples:Birth or adoption of a childBirth or adoption of a child

Care for spouse, child or parent who has a Care for spouse, child or parent who has a serious medical conditionserious medical condition


• Employee Privacy RightsEmployee Privacy Rights• 3 areas of concern:3 areas of concern:

• Privacy for government employeesPrivacy for government employees• Testing employees for drug useTesting employees for drug use• Using polygraphs (lie detectors) in Using polygraphs (lie detectors) in

making hiring/firing decisionsmaking hiring/firing decisions

• 3 Laws related to Employee Privacy:3 Laws related to Employee Privacy:• Federal Privacy ActFederal Privacy Act• Drug-Free Workplace ActDrug-Free Workplace Act• Employee Polygraph Protection ActEmployee Polygraph Protection Act


• Federal Privacy ActFederal Privacy Act

The privacy of government employees is often The privacy of government employees is often given greater emphasis than privacy of given greater emphasis than privacy of employees in private sector. People want employees in private sector. People want lessless government in their life.government in their life.

Under Federal Privacy Act Under Federal Privacy Act government government employees employees are given are given the right tothe right to::

Restrict inspection of their employment filesRestrict inspection of their employment files

Be informed of employment files & their contentsBe informed of employment files & their contents

Fix any mistake they might find in their filesFix any mistake they might find in their files


• Drug-Free Workplace ActDrug-Free Workplace Act

Firms must have a plan to be sure Firms must have a plan to be sure employees don’t use drugs on the job.employees don’t use drugs on the job.

It does It does notnot order companies to include order companies to include drug testing.drug testing.

If a drug test is performed improperly If a drug test is performed improperly it it can violate 4can violate 4thth amendment prohibiting amendment prohibiting unreasonable search & seizure.unreasonable search & seizure.


• Employee Polygraph Protection ActEmployee Polygraph Protection Act

Just like drug testing, polygraph use can violate Just like drug testing, polygraph use can violate employee privacy rights (4employee privacy rights (4thth Amendment) Amendment)

This law This law prohibits employers from using lie prohibits employers from using lie detector tests for screening of employment detector tests for screening of employment applicants or for random testing of employeesapplicants or for random testing of employees


• Laws Providing Worker BenefitsLaws Providing Worker Benefits

These laws protect workers who have left the These laws protect workers who have left the job because of retirement, injury or disabilityjob because of retirement, injury or disability

… … as well as provides assistance to workers as well as provides assistance to workers who have been laid off or discharged.who have been laid off or discharged.

Laws include:Laws include:

Social SecuritySocial Security Unemployment InsuranceUnemployment Insurance

Work OpportunityWork Opportunity Worker’s CompensationWorker’s Compensation


• Social Security ActSocial Security Act – Government – Government program that provides continuing but program that provides continuing but limited income to workers and their limited income to workers and their dependentsdependents

• Provides benefits to employees and their Provides benefits to employees and their families when their earnings stop or are families when their earnings stop or are reduced because of retirement, disability reduced because of retirement, disability or deathor death


• Unemployment Compensation LawsUnemployment Compensation Laws

is is a system of government payments to a system of government payments to people who are out of work and looking people who are out of work and looking for a jobfor a job

Payments are made from an Payments are made from an unemployment insurance fund unemployment insurance fund financed financed by payroll taxesby payroll taxes or unemployment or unemployment insurance paid by employersinsurance paid by employers


• Worker’s Compensation LawsWorker’s Compensation Laws

Is Is an insurance program that provides income an insurance program that provides income for workers who are injured or develop a for workers who are injured or develop a disability or disease as a result of their jobdisability or disease as a result of their job

Paid by Employers!Paid by Employers!

Employers typically pay a tax on their Employers typically pay a tax on their payrolls to fund the state’s workers payrolls to fund the state’s workers compensation fundcompensation fund


• Work Opportunity LawsWork Opportunity Laws

• WelfareWelfare – a government system providing – a government system providing assistance to poor Americans with assistance to poor Americans with dependent childrendependent children

• -- Criticized for many reasons. Criticized for many reasons.

• As A Result….As A Result….In 1996 Congress passed the In 1996 Congress passed the Personal Responsibility & Work Opportunity Personal Responsibility & Work Opportunity ActAct


• Work Opportunity LawsWork Opportunity Laws

• Also as a result of welfare criticism… Also as a result of welfare criticism…

• Temporary Assistance to Needy Temporary Assistance to Needy Families (TANF)Families (TANF)• A majority of all welfare recipients A majority of all welfare recipients must must

hold a jobhold a job, enter career programs or face , enter career programs or face a loss of payments. This is a 2-year period.a loss of payments. This is a 2-year period.

Documents

Chapter 21.1: Employment Conditions & Benefit Laws Section 21.1 Health & Safety Fair Wages & Benefits Privacy