Transcript Chapter 5
BCN 4772 Summer 2006 Chapter 5 Labor and Employment Laws and Regulations 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 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 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 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 Labor Laws and Regulations • Fair Labor Standards Act – Sets the minimum wage currently 6.40 per hour – Also sets overtime compensation at time and onehalf of the employees’ regular rate – Equal pay for equal work between sexes • Child Labor Standards – Record keeping requirements – Exemption is available under certain circumstances 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 Labor Laws and Regulations • Payments other than cash – Goods or facilities regarded as wages – Reasonable cost to the employer – Fair value – Includes lodging Labor Laws and Regulations • Commissions paid on a workweek basis – Must determine hours worked – Calculate overtime payments Labor Laws and Regulations • Bonuses – Discretionary bonuses – Gifts on special occasions – Long period of time Labor Laws and Regulations • Salary for workweek exceeding 40 hours – Example: 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 Labor Laws and Regulations • Record keeping – Identifying Information – Time related Information – Wage information Labor Laws and Regulations • Identifying Information – Full name and social security number – Address – Birth date – Sex – Occupation 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 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 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 Labor Laws and Regulations • Davis-Bacon Related Acts – Requires $2000+ on contract – Covers wages on federal government contracts 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 Labor Laws and Regulations • Florida Human Rights Act of 1992 – Variation of the Civil Rights Act – Includes AIDS, Alcoholism and Drug Abuse 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 Labor Laws and Regulations • Public Whistle-Blowers Act – Protects employees from retaliation for disclosing employer’s violations • Americans with Disabilities Act – Must accommodate Labor Laws and Regulations • Veterans’ Re-employment Laws – Guarantees military leave of absence – Must meet specific requirements for eligibility Labor Laws and Regulations • The Employment and Training of Veterans Act – Must employ an advance qualified disabled veterans 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 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 Labor Laws and Regulations • Drug Free Workplace Act of 1988 – Covers employers on all government contracts over 25,000 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 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 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 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 Labor Laws and Regulations • What is your concern? – Owner – Manager