Chapter 15-Employment And Labor Laws

Front 1

The Fair Labor Standards Act

(FLSA)

Back 1

how the government regulates wages and hours

Front 2

Overtime

Back 2

1 1/2 times the hourly rate of the employees compensation

Front 3

IBP vs Alvarez

Back 3

meat packing workers putting on (donning and taking off (doffing) required protective gear

also time it takes to walk from the locker room to the production area
-- calculation of the workday (distinguishing between regular hours and overtime hours)

-ruled that they need to pay them because the donning and doffing was unique to the jobs and it was indispensableto the work of the employees who wore the equiptment/ walking time was also compensable

court of appeals agreed with the district court

Front 4

Portal to Portal Act

Back 4

emphasizes that the workday begins when workers engage in their principal activities

Front 5

portal to portal in different cases besides IBP

Back 5

...they hold that any walking time that occurs after the beginning of the employee's first principal activity and before the end of the employee's last principal activity is covered by the Fair Labor Standards Act

Front 6

The WARN act

Back 6

requires employers to provide notice of plant closings and mass layoffs

Front 7

The family and medical leave act (FMLA)

Back 7

workers can take up to 12 weeks of unpaid leave during any 12 month period if one or more of the following occur:

1. birth and care of a newborn
2. placement of adoption
3. care of an immediate family member with a serious health condition
4. employee is unable to work due to a serious health problem

* must notify the employees that they are eligible for FMLA and the employer can ask for medical varification

Front 8

immediate family under the FMLA is

Back 8

a spouse minor child or parent of the employee

if child is over 18 they must be incapable of self care as defined by the American with disabilities act (ADA)

Front 9

Executive Employee Exemption

(concerning overtime)

Back 9

1.The employee must be compensated on a salary basis (as defined in the regulations) at a rate not less than $455 per week

2. The employee’s primary duty must be managing the enterprise, or managing a recognized department or subdivision of the enterprise

3.The employee must customarily and regularly direct the work of at least two or more other full-time employees.

4.the employee must have the authority to hire or fire other

Front 10

The Learned Professional Exemption

(concerning overtime)

Back 10

Bar overtime compensation for architects, attorneys, CPA’s, veterinarians and certain other professionals.
1. The employee must be compensated on a salary or fee basis (as defined in the regulations) at a rate not less than $455 per week;
2.The employee’s primary duty must be the performance of work requiring advanced knowledge, defined as work which is predominantly intellectual in character.

3. The advanced knowledge must be in a field of science or learning

4.The advanced knowledge must be customarily acquired by a prolonged course of specialized intellectual instruction.

Front 11

Companies can monitor employee phone and email communications under the ______ ________ ________ _____

Back 11

Electronic Communications Privacy Act

Front 12

What legal requirements must be met prior to the layoff of workers?

Back 12

must be given in writing and be delivered 60 days prior to closing a work site or doing mass layoffs

required for employers with 100 or more employees

Notice is given to the employees, bargaining unit ( union ) and local government official.

• All workers are entitled to receive such notice….hourly and salaried….even part time.

**WARN notice is not required if an employer is replacing large numbers of striking workers.

Front 13

For a company to use the Electronic Communications Privacy Act they must

Back 13

Employer’s policies must be written and clear about use of company phone and internet systems.
***Random drug testing is possible with exception of public employees.

Front 14

Two laws that congress created to correct inequalities between the labor management relationship

Back 14

1. The Clayton Act
2. The railway Labor Act

Front 15

The Clayton Act:

Back 15

oprimarily passed to strengthen the anti trust laws)

omanagement argued that employees working together were restraining trade illegally under the Sherman act

oexempted union activity from anti trust laws

BUT the Clayton Act stated that anti trust laws regulating anti competitive contracts did not apply to labor unions or their members

Front 16

The Railway Labor Act

Back 16

-encouraged collective bargaining among railroad and later, airline workers to prevent disruptive labor disputes.

- goal was to resolve labor disputes that might disrupt transportation

Front 17

The Railway Labor act established a three member _______

Back 17

National Mediation Board

Front 18

National Mediation Board

Back 18

-designed to arbitrate labor disputes

-although it has not true judicial power….after 60 days of investigating and negotiating, a lockout or strike will be legal.

Front 19

Wagner Act (1935)

Back 19

congress affirmed labor's right to organize and to bargain collectively

*recognized that cause of industrial strife was the inequality of bargaining power

.....by 1946, many felt that unions has become too strong.

Front 20

Taft-Hartley (1947)

(amendment to the Wagner)

Back 20

-Helped balance the scale because labor had gained too much bargaining power

-its purpose was to ensure the free flow of commerce and make sure union activity does not adversely affect the health and safety of the country.

Front 21

Unions after the Wagner act could demand ________ where as the Taft Hartley allowed them to ________

Back 21

unions were able to insist that employers hire only union members…..a "closed shop practice."

Taft-Hartley allows those states with Right to Work Laws to provide an employee the choice to join or not join an existing union.

Front 22

"The right to work laws"

Back 22

An employee being hired into a unionized environment cannot be forced to join the union…..in particular, pay the union dues.

However, the union must represent such a worker’s grievance.

Front 23

Unfair Labor Practices by Management

(**possible essay style question?)

Back 23

Interfering with unionization activities by employees.

Financially contributing to a union.

Discriminating against employees on the basis of union affiliation.

Discriminating against employees seeking to enforce Wagner Act rights.

Refusing to bargain in good faith
Agreeing with a labor organization to engage in a secondary boycott.

Front 24

Unfair labor practices by unions:

(**possible essay style question?)

Back 24

Coercing an employee to join a union. (the right to work laws)

Causing an employer to discriminate against a non union member.

Refusing to bargain in good faith.

Striking for illegal purposes.

Charging excessive dues

Causing an employer to pay for work not performed.

Picketing to force an employer to bargain with an uncertified union.

Agreeing with an employer to engage in a secondary boycott.