Presentation on theme: "Objective 3.01 Understand employment law"— Presentation transcript:
1 Objective 3.01 Understand employment law Day 38…….10/21What rights do you have as an employee? List 4.
2 Employment Law Basics Employment law Division of law that governs the relationship between employers and employeesStems from: tort, criminal, contract, and labor law
3 EmployerPerson or company who pays a person for a wage, salary, payment or fee in exchange for supervising and controlling the employee’s activitiesEmployeePerson 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
4 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
5 Express employment agreement A formal contract, either oral or written, that specifically states the terms and conditions of employmentImplied employment agreementAn 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.
6 NC Department of LaborPromotes the general well-being, safety, and health of NC workers by:Enforcing occupational and health standardsSet minimum wage and maximum number of work hrs./wk.Providing apprentice programs for the skilled tradesConducting inspections for mines, boilers, elevators, amusement rides, and quarries.
7 Fair Labor Standards Act a.k.a. the Wage and Hour ActFederal law setsminimum wage*overtime pay*age requirements for certain types of employeesThis act does not apply to professional workers, executives, administrative, and outside sales employees.Minimum Wage by State
8 NC Youth Employment Provisions of the Wage and Hour Act for Nonagricultural Occupations Law 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.Minimum Age Standards
9 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
10 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
11 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
12 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
13 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
14 Day 39…….10/22What federal act protects you from getting paid less than $7.25/hr?
15 The Civil Rights Act of 1991Passed to strengthen civil rights law, in particular disparate impactDisparate impactAn employer creates a seemingly 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
16 Employment-at-WillEither an employer or employee can terminate employment for any reason or no reason without being liable for breach of contractExceptions:ContractsUnionized employees
17 UnionAn organization of employees formed to ensure favorable: Work conditions Wages Work hours Benefits Grievance procedures
18 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
19 Agency shopEmployees 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
20 Right to Work LawState law prohibits employers from requiring employees to join a union or pay union dues as a condition of employment.Airline 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 claims.
24 Unemployment Benefits 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 U.B.Denial of:In NC, 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 Social Security Act 1935 Provide financial assistance to eligible workers and their dependents in the form of retirement, disability, and death benefitsEst. Social Securityfunded by the tax contributions of employees and employers
28 S.SDisability BenefitReplaces income when a severe long lasting disability or terminal illness prevents eligible person from doing “any substantial work”Claim filed through Social Security AdministrationSix month required elimination (waiting) periodPeriodic review of status to continue benefits
29 S.S. Retirement Benefit (if eligible) Age 62 – percent of SS available Age 65/67 - receive full benefitsA person can receive social security retirement benefits if the spouse diesMedicare considered a benefit.
30 S.S.Death BenefitLump 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
31 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