2 Employment Law Basics Employment law Division of law that governs the relationship between employers and employeesEmployment law stems from various forms of law including tort, criminal, contract, and labor law
3 Employment Law Basics Employer Person or company who pays a person for a wage, salary, payment or fee in exchange for supervising and controlling the employee’s activities
4 Employment Law Basics Employee Person who works for an employer for a wage, salary, payment or fee, guided by an express or implied agreementThe employee is under the control and supervision of the employer
5 Employment Law Basics Independent contractor Person who works for an employer for a wage, salary, payment or fee, guided by an express or implied agreementPerson is not subject to the control or supervision of an employer
6 Employment Law Basics Express employment agreement A formal contract, either oral or written, that specifically states the terms and conditions of employment
7 Employment Law Basics Implied employment agreement An employment contract in which the terms and conditions may be inferred through the actions, comments, promises, and employment practices of either the employer or employee.
8 NC Department of LaborPromotes the general well-being, safety, and health of NC workers by:Enforcing occupational and health standardsSetting the minimum wage and maximum number of work hours per weekProviding apprentice programs for the skilled tradesConducting inspections for mines, boilers, elevators, amusement rides, and quarries
9 Fair Labor Standards Act Also referred to as the Wage and Hour ActFederal law that sets the minimum wage, overtime pay, and age requirements for certain types of employeesThis act does not apply to the minimum wage or overtime pay of professional workers, executives, administrative, and outside sales employees
10 Fair Labor Standards Act North Carolina Youth Employment Provisions of the Wage and Hour Act for Nonagricultural OccupationsLaw that establishes labor standards and labor guidelines for youth 17 years old and youngerIn general, children of any age are permitted to work for business owned by parentsThis is a provision of the Fair Labor Standards Act.
11 Occupational Safety & Health Act Federal act that establishes and promotes workplace safety standards for businessesEmployers should undertake specific precautions to ensure that the workplace is free of hazards that would lead to harm, permanent injury or deathViolators may be fined up to $7,000 per day
12 Americans with Disability Act Federal act that prohibits discrimination based on a person’s disability if the person with the disability is able to perform the essential functions of the job requirements
13 Age Discrimination Act in Employment This act prohibits discrimination against applicants and employees 40 years of age or older throughout the employment processThis act only apply to businesses employing 20 or more employees
14 Family and Medical Leave Act This act provides eligible employees with unpaid, job-protected leave for certain family or medical conditions, such as:The birth or adoption of a childThe employee is diagnosed with a serious health conditionThe employee needs to care for a close relative with a serious health condition
15 Title VII of the Civil Rights Act of 1964 This act prohibits employment agencies, employers, and unions from discrimination against applicants and employees on the basis of race, color, religion, national origin or sexDiscrimination is prohibited throughout the employment process including hiring, compensation, promotion, training, and termination
16 The Civil Rights Act of 1991The purpose of this act was to strengthen civil rights law, in particular disparate impactDisparate impactOccurs when an employer creates a seeming fair employment practice that has a negative impact on members of a protected classUnder this act, employers must prove that their practices are based on job qualifications
17 Employment-at-WillAn employer or employee can terminate employment “at-will” for any reason or no reason without being liable for breach of contractCertain types of employees are not subject to employment-at-will laws including employees with contracts and unionized employees.
18 UnionAn organization of employees formed to ensure favorable work conditions, wages, work hours, benefits and grievance procedures
19 Types of Shops Closed shop Union shop Employees must join the union before being hiredUnion shopNon-union employees can by hired, but must join union within a certain amount of time
20 Types of Shops Agency shop Open shop Employees are not required to join the union, yet they still must pay union duesOpen shopEmployees are not required to join the union or pay union dues
21 Right to Work LawState law that prohibits employees from requiring employees to join a union or pay union dues as a condition of employmentAirline and railway employees are not protected by this lawWhat are the right to work states?Employees have the freedom to chose whether or not to join the union (or pay union dues)
23 Unemployment Compensation Insurance program that provides temporary income for qualified individuals who are unemployed through no fault of their ownEligibility requirements for collecting unemployment compensation varies by stateThe North Carolina Division of Employment Security handles unemployment claims
24 Unemployment Benefit Requirements In North Carolina, any individual wanting to collect or continue to collect unemployment compensation must:Register for work through the Employment Security CommissionFile a claim for each week that benefits are neededActively seek employment during any week unemployment benefits are received
25 Denial of Unemployment Benefits In North Carolina, an individual may be denied unemployment compensation if he/she:Quits a jobGets fired from a jobRefuses a referral jobTurns down a job offerRefuses to Approved Commission TrainingFails to complete Approved Commission Training
26 Social Security ActEnacted in 1935 to provide financial assistance to eligible workers and their dependents in the form of retirement, disability, and death benefitsThe act established the social insurance program commonly called Social SecurityFederal insurance program funded by the tax contributions of employees and employers
27 Social Security Disability Benefit Replaces income when a severe long lasting disability or terminal illness prevents eligible person from doing “any substantial work”Claim is filed through the through Social Security AdministrationSix month required elimination (waiting) periodPeriodic review of status to continue benefits
28 Social Security Retirement Benefit Eligible persons can receive a percentage of social security by age 62, but the individual can receive full benefits at either age 65 or 67A person can receive social security retirement benefits if the spouse diesMedicare is also considered a social security benefit
29 Social Security Death Benefit Lump sum payment given to the surviving spouse upon the death of a person who worked long enough to qualify for Social Security benefitsThe average death benefit is $255
30 Worker’s Compensation A government-regulated program that provides medical benefits and income to employees who are injured or who develop a disability or disease as a result of their jobIndemnifies (pays) employee for their loss of incomeInsurance is paid for by employer
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