Understanding Business and Personal Law Laws Relating to Employment Conditions and Benefits Section...

Understanding Business and Personal Law

Laws Relating to Employment Conditions and

Benefits

Section 21.1

Employment Protection and Equal Opportunity

• Unit 7 Test on Tuesday, May 14 – study the Terms.

• Turn in each chapter notes and assignment as you get them done and after the quiz. Staple each chapter’s assessment questions to the back of the notes handout.

• All chapter notes, assignments, and extra credit are due the day of the test (if you have not already turned them in).



Benefits

Section 21.1


BELL QUIZ ON CHAPTER 191. True/False - Actual authority is the real power a principal

gives to an agent to act on the principals’ behalf.

2. True/False - Implied authority includes all of the orders, commands or directions a principal directly states to an agent.

3. Name ONE of the Agent’s Duties to the Principal

4. Name ONE of the Principal’s Duties to the Agent

5. When a principal fails to notify third parties, what may they be liable for?



Benefits

Section 21.1


ANSWERS TO BELL QUIZ

1. True

2. False (Express Authority)

3. Obedience, Good Faith, Loyalty, Account for Money, Judgment and Skill

4. Compensation, Reimbursement, Indemnification, Cooperation

5. Future acts of the agent.



Benefits

Section 21.1


Employment conditions can be divided into three areas

Employment Conditions

health and safety

right to fair wages and benefits

privacy rights



Benefits

Section 21.1


The federal Occupational Safety and Health Act of 1970 was

enacted by Congress to ensure that employees are protected in

the workplace.

Health and Safety



Benefits

Section 21.1


The act established the Occupational Safety and Health

Administration (OSHA), the agency within the federal

government that sets safety and health standards for many

companies within the United States.

Health and Safety



Benefits

Section 21.1


NOTES: Businesses with 11 or more employees that engage in

interstate commerce must meet OSHA’s health and safety

standards.

Health and Safety



Benefits

Section 21.1


OSHA uses two approaches to accomplish its mission.

Health and Safety

1. Imposes upon employers the affirmative duty to maintain a

safe and healthy work environment.



Benefits

Section 21.1


2. Creates rules that outline the safety steps that businesses

must maintain.

Health and Safety



Benefits

Section 21.1


NOTES: To make certain that employers adhere to OSHA

regulations, the agency randomly inspects workplaces. OSHA also

endeavors to inspect a business when a death or a disaster has

occurred or an employee files a complaint.

Inspections



Benefits

Section 21.1


The law protects employees who file OSHA complaints.

Employers may be fined for each violation reported by an

employee or discovered during an inspection.

Inspections

Example 1



Benefits

Section 21.1


In order to regulate wages, hours, and benefits, the government

has passed several laws that set standards for employment in

American business.

Wages, Hours, and Benefits



Benefits

Section 21.1


These laws include

Wages, Hours, and Benefits

Fair Labor Standards Act

Equal Pay Act

Employment Retirement Income Security Act

Family and Medical Leave Act



Benefits

Section 21.1


NOTES: The Fair Labor Standards Act requires certain employers

to pay their workers a legal minimum hourly wage rate, plus time-

and-a-half for all work over 40 hours per week. It also regulates

the employment of minors.

Fair Labor Standards Act



Benefits

Section 21.1


NOTES: In 1963, Congress passed the Equal Pay Act as an

amendment to the Fair Labor Standards Act. The amendment

established the equal pay rule.

Equal Pay Act



Benefits

Section 21.1


The equal pay rule states that employers engaged in interstate

commerce must pay women the same rate of pay as men holding

the same type of job.

Equal Pay Act



Benefits

Section 21.1


The equal pay rule covers

Equal Pay Act

hourly workers

executives

administrators

professional employees

outside salespeople who receive salaries and/or commission



Benefits

Section 21.1


A pension plan is a program established by an employer or a

union that is designed to provide income to employees after they

retire.

Employment Retirement

Income Security Act



Benefits

Section 21.1


Previously, funds in some employee pension plans were poorly

invested or used for other business expenses. These practices

resulted in losses of retirement benefits to workers and severe

economic hardship for them.


Income Security Act



Benefits

Section 21.1


The Employment Retirement Income Security Act (ERISA) was

passed to prevent such abuse.


Income Security Act



Benefits

Section 21.1


NOTES: One requirement of the act is that employers must place

employee contributions to pension plans in a trust fund that is

independent of the employer’s control.


Income Security Act



Benefits

Section 21.1


Family and Medical Leave Act

NOTES: Under the Family and Medical Leave Act, an employee of a

company with at least 50 employees is entitled to 12 weeks of leave during

any 12-month period because of the birth or adoption of a child, or to care

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



Benefits

Section 21.1


Three areas of primary concern include

Employee Privacy Rights

privacy for governmental employees

testing employees for drug use

using polygraph (lie detector) test results in the hiring and

firing of employees



Benefits

Section 21.1


Three laws that relate to these areas of concern are

Employee Privacy Rights

Federal Privacy Act

Drug-Free Workplace Act

Employee Polygraph Protection Act



Benefits

Section 21.1


NOTES: Because of our general aversion to governmental

interference in personal rights, the privacy of government

employees is often given greater emphasis than the privacy of

employees in the private sector.

Federal Privacy Act



Benefits

Section 21.1


Under the Federal Privacy Act government employees are given

the right to

Federal Privacy Act

restrict inspection of their employment files

be informed of their employment files



Benefits

Section 21.1


be informed of the contents of their employment files

fix any mistake that they might find in those files

Federal Privacy Act



Benefits

Section 21.1


The Drug-Free Workplace Act applies to companies that have

contracts with the federal government and aims to create a drug-

free work environment.




Benefits

Section 21.1


NOTES: Under this act, firms must initiate a plan to make sure

that employees do not use drugs on the job; however, it does not

order companies to include drug testing in their plans.


Example 2



Benefits

Section 21.1


If a drug test is performed improperly, it can violate the Fourth

Amendment to the U.S. Constitution, which prohibits unreasonable

search and seizure.




Benefits

Section 21.1


As with drug testing, polygraph or lie detector testing can violate

the privacy rights of employees. Congress passed the Employee

Polygraph Protection Act to regulate such testing procedures.

Employee Polygraph

Protection Act



Benefits

Section 21.1


NOTES: This act prohibits employers from using lie detector tests

either for screening of employment applicants or for random

testing of employees.

Employee Polygraph

Protection Act



Benefits

Section 21.1


NOTES: The law attempts to protect workers who have left the job

because of retirement, injury, or disability.

The law also provides assistance to workers who have been laid

off or discharged.

Laws Providing Worker Benefits



Benefits

Section 21.1


Government initiatives to protect workers include

Laws Providing Worker Benefits

social security

unemployment insurance

worker’s compensation

work opportunity



Benefits

Section 21.1


Social security is a government program that provides continuing

but limited income to workers and their dependents.

Social Security Act



Benefits

Section 21.1


NOTES: It provides benefits to employees and their families when

their earnings stop or are reduced because of retirement,

disability, or death.

Social Security Act



Benefits

Section 21.1


Unemployment compensation is a system of government

payments to people who are out of work and looking for a job.

Unemployment

Compensation Laws



Benefits

Section 21.1


NOTES: Payments are made from an unemployment insurance

fund financed by payroll taxes on employers or unemployment

insurance premiums paid by employers.

Unemployment

Compensation Laws



Benefits

Section 21.1


Workers’ Compensation Laws

Workers’ compensation is an insurance program that provides

income for workers who are injured or develop a disability or

disease as a result of their job.



Benefits

Section 21.1


Workers’ Compensation Laws

NOTES: Employers bear the cost of workers’ compensation. In

most states, employers must pay a tax on their payrolls to fund the

state’s workers’ compensation insurance fund.



Benefits

Section 21.1


Work Opportunity Laws

Welfare, a government system to provide assistance to poor

Americans with dependent children, was criticized for many

reasons. As a result, in 1996, Congress passed the Personal

Responsibility and Work Opportunity Act.



Benefits

Section 21.1



This act instituted a new program entitled Temporary Assistance to

Needy Families (TANF).



Benefits

Section 21.1



NOTES: Under TANF, a majority of all welfare recipients must hold

a job, enter career programs or face a loss of payments. This

requirement becomes effective after a recipient has received

benefits during a two-year period.



Benefits

Section 21.1


During the second half of the twentieth century, Congress enacted

legislation to discourage employment opportunity discrimination.

Section 21.2 Discrimination



Benefits

Section 21.1


Discrimination is the unequal treatment of individuals based on

sex, age, race, nationality, or religion.

Discrimination



Benefits

Section 21.1


Congress enacted the following legislation:

Discrimination

The Civil Rights Act of 1964

Civil Rights Act of 1991

Pregnancy Discrimination Act



Benefits

Section 21.1


Age Discrimination in Employment Act

Americans with Disabilities Act

Discrimination



Benefits

Section 21.1


NOTES: Title VII of the Civil Rights Act of 1964 prohibits

discrimination in employment based on race, color, religion, sex,

or national origin.

These five categories, along with age, are often referred to as

protected classes.




Benefits

Section 21.1


The Equal Employment Opportunity Commission (EEOC) has the

power to stop unfair employment practices by seeking a court

injunction or by suing the employer for damages.




Benefits

Section 21.1


Discrimination can take place through disparate treatment and

disparate impact.

Disparate Treatment



Benefits

Section 21.1


Under disparate treatment, the employer intentionally

discriminates against an individual or a group of individuals

belonging to one of the protected classes.

Disparate Treatment

Example 4



Benefits

Section 21.1


Employers have a defense against the charge of disparate

treatment, which is bona fide occupational qualification

(BFOQ).

Disparate Treatment



Benefits

Section 21.1


NOTES: If the employer can show that the qualification in question

is a bona fide (good faith) employment qualification, then the

discrimination may be justified.

Disparate Treatment



Benefits

Section 21.1


Discrimination can also take place via disparate impact, which is

indirect discrimination.

Disparate Impact



Benefits

Section 21.1


NOTES: This occurs when an employer has an employment policy

or criteria that appears neutral but has an unfair impact on the

members of one or more of the protected classes.

Disparate Impact

Example 5



Benefits

Section 21.1


Employers have a defense against a charge of disparate impact,

known as business necessity.

Disparate Impact



Benefits

Section 21.1


If the employer can show that qualification is required to perform

the job, then it may be permitted despite its disparate impact on a

protected class.

Disparate Impact



Benefits

Section 21.1


21.2

Equal Protection in Employment

Employers are not permitted

to discriminate in hiring

practices either directly

through disparate treatment or

indirectly through disparate

impact.

The protection granted to

employees under the Civil

Rights Act includes not only

hiring practices but also

treatment on the job.




Benefits

Section 21.1


The Civil Rights Act of 1991 was enacted by Congress:


to strengthen the doctrine of disparate impact

to allow plaintiffs to recover not only back pay but also

compensatory and punitive damages



Benefits

Section 21.1


NOTES: Sexual harassment can occur either through quid pro

quo harassment or through the creation of a hostile work

environment.

Sexual Harassment



Benefits

Section 21.1


Quid pro quo harassment occurs when one worker demands

sexual favors from another worker in exchange for some

employment-related decision, such as a raise or a promotion.

Sexual Harassment



Benefits

Section 21.1


In contrast, the creation of a hostile working environment occurs

when a pattern of severe and pervasive sexually demeaning

behavior has altered the workplace, making it a distressing,

humiliating, or hostile place.

Sexual Harassment



Benefits

Section 21.1


To ensure the fair and equal treatment of pregnant women, the

Pregnancy Discrimination Act was enacted.




Benefits

Section 21.1


NOTES: The law makes it unlawful to discriminate against a

woman because of childbirth or physical problems associated with

pregnancy or childbirth.




Benefits

Section 21.1


This act (the ADEA) prohibits employment agencies, employers

with 20 or more employees, and labor unions of more than 25

members from discriminating on the basis of age.

Age Discrimination

in Employment Act



Benefits

Section 21.1


NOTES: The act forbids discrimination against any person age 40

or older in hiring, firing, promotion, or other aspects of

employment.

Age Discrimination

in Employment Act



Benefits

Section 21.1



NOTES: This act forbids discrimination on the basis of a disability

if the disabled individual can do the “essential functions” of a job.



Benefits

Section 21.1



The act defines disability as any “physical or mental impairment

that substantially limits one or more of the major life activities.”

Example 6

End of Chapter 21



Benefits

Section 21.1


NOTES: Review Section 22.3 Managing Your Debts Terms on

the Unit 7 Terms Handout

Date post:	29-Jan-2016
Category:	Documents
Upload:	alvin-cooper
View:	217 times
Download:	1 times

Understanding Business and Personal Law Laws Relating to Employment Conditions and Benefits Section...

Documents