Management 4540 Chapter 33 - Employment And Labor Law

Front 1

Wrongful discharge - employment for a term:

Back 1

An employee may be discharged for cause only

Front 2

Wrongful discharge - employment at will:

Back 2

An employee may be discharged without cause, for any reason with the following exceptions.

1. Public policy exceptions
a. refusal to commit something illegal
b. refusal to violate a professional duty
c. whistleblowing

2. Illegal discrimination exceptions

3. Implied contract exceptions

Front 3

Occupational Safety and Health Act

Back 3

1. Administered by the Occupational Safety and Health Administration

2. Employer must keep workplace free of recognized hazards

3. Requires record keeping by employers with more than 10 employees.

Front 4

Workers' compensation laws

Back 4

A worker injured on the job is entitled to compensation from covered employers

1. Negligence is usually irrelevant

2. Applies to injuries to employees in the scope and course of employment

3. Provides payment of medical expenses and for disability payments

Front 5

Social Security

Back 5

Mandatory withholding totals 15.3%, including Medicare. Self employed persons pay the whole amount.

Front 6

ERISA

Back 6

Regulates private, qualified pension plans

1. requires vesting within 5 years

2. Forbids discrimination in favor of highly paid employees

3. Regulates group health plans

Front 7

Unemployment laws

Back 7

1. Provides benefits to employees who are terminated without cause

2. Not if the employee was fired with cause or voluntarily quit.

Front 8

Cobra

Back 8

1. Allows employees to keep coverage under group health plans after leaving employment

2. Must make election within 60 days of leaving

3. Coverage lasts for 18 months, often expensive

Front 9

Family and medical leave act

Back 9

1. Allows leave without pay for up to 12 weeks per year for family emergencies, along with reinstatement

2. Applies to employers with 50 or more employees

3. Excludes to 10% of wage earners

Front 10

FLSA - Fair Labor Standards Act - History

Back 10

1. At one time, the decision to hire or not and the right to negotiate with wished the employer wished were considered property rights of the employer.

2. Because of various oppressive practices by employers, starting during the great depression, various statutes were enacted to shorten the workweek, allow collective bargaining and eventually prevent discrimination in hiring.

Front 11

Fair Labor Standards Act - Child Labor

Back 11

1. Under 14: Available employment: newspapers, agriculture, entertainment and for parents

2. 14-15: Limited types and hours of work allowed with a work permit.

3. 16-17: Still no hazardous jobs allowed

Front 12

Fair Labor Standards Act - overtime

Back 12

Time and 1/2 pay for over 40 hours.

Employees not covered include white collared, management employees

Front 13

Fair Labor Standards Act - Minimum Wage

Back 13

$5.85 nationally

$6.50 in missouri

People not covered include servers and people in outside sales

Front 14

1932 Norris LaGuardia Act

Back 14

Allows peaceful strikes, boycotts and picketting - courts could not issue injunctions

Front 15

1935 NLRA - national labor relations act - provided what rights?

Back 15

1. To form, join and assist unions.

2. To obtain legal relief from unfair labor practices of management.

3. To select unions by election
a. 30% of employees in trade must sign union authorization cards to force election
b. Majority of employees must approve union

4. To bargain collectively through employee selected unions

Front 16

1947 labor management relations act

Back 16

1. Restored more neutral federal stance on labor

2. Forbade unfair labor practices of union

Front 17

Five unfair management practices

Back 17

1. Discrimination against union members or organizers

2. Interfering with attempts to unionize

3. Interfering with union elections

4. Yellow dog contracts - forcing employees to agree not to join a union

5. Refusing to bargain in good faith with a NLRB certified union

Front 18

Five unfair union practices

Back 18

1. Closed shops
a. Contract says only union members may be hired
b. Union Shops: anyone may be hired, but nonunion employees must join the union within a certain period of time
c. Open shops: Nonunion employees never have to join the union: only legal option in right to work states

2. Unauthorized or violent strikes

3. Interfering with union elections

4. Failure to adequately represent union members

5. Failure to bargain in good faith with the employer