1. Chapter 31 Employment, Worker Protection, and Immigration Law

2. Workers’ Compensation Acts
Workers’ compensation: Compensation paid to workers and their families when workers are injured in connection with their jobs
These acts help workers receive compensation for injuries that occur on the job
Workers file a claim with the agency
Agency determines legitimacy of claim
Compensation benefits are paid accordingly
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3. Workers’ Compensation Insurance
States require employers to:
Purchase workers’ compensation insurance, or
Self-insure by making payments, if they have the ability to pay compensation claims
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4. Employment-Related Injury
Injury to an employee that arises out of and in the course of employment
Workers’ compensation insurance covers:
Physical injuries
Stress
Mental illness, that are employment related
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Exclusive Remedy
Workers’ compensation is an exclusive remedy
Workers cannot sue their employers in court for damages, except when employer intentionally injures an employee
Workers can sue third parties to recover damages
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6. Case 31.1:Workers’ Compensation
Kelley v. Coca-Cola Enterprises, Inc.
Web 2010 Ohio App. Lexis 1269 (2010)
Court of Appeals of Ohio
Issue
Is Kelley entitled to workers’ compensation benefits?
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7. Occupational Safety and Health Act
Promotes safety in the workplace
Established the Occupational Safety and Health Administration (OSHA)
Imposes record-keeping and reporting requirements on employers
Requires employers to post notices in the workplace, informing employees of their rights
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8. Occupational Safety and Health Administration (OSHA)
Empowered to enforce the Occupational Safety and Health Act
Empowered to adopt rules and regulations to interpret and enforce the act
Adopted thousands of regulations to enforce the safety standards established by the act
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9. Types of OSHA Standards
Specific duty standards: Developed and apply to specific equipment, procedures, type of work, individual industry, unique work conditions, and the like
General duty standards: Imposes on an employer a duty to provide a work environment that is free from recognized hazards
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10. Fair Labor Standards Act (FLSA)
Prohibits child labor
Establishes minimum wage requirements
Establishes overtime pay requirements
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Child Labor
The Fair Labor Standards Act forbids
the use of oppressive child labor
shipping of goods produced by businesses that use oppressive child labor
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12. Department of Labor Regulations
Age(in years)
Occupation
Less than 14
Newspaper deliverers
14–15
Non-hazardous jobs; limited hours
16–17
Non-hazardous jobs; unlimited hours
18 and above
Any job
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13. Minimum Wage and Overtime Pay
Employees should be paid the federal minimum wage for all hours worked
Students and apprentices can be paid less than the minimum wage
Employees should be paid overtime pay of one-and- a-half times their regular pay for each hour worked in excess of 40 hours that week
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14. Case 31.2: U.S. Supreme Court Fair Labor Standards Act
IBP, Inc. v. Alvarez
546 U.S. 21, 126 S.Ct. 514, 163 L.Ed.2d 288, Web 2005 U.S. Lexis 8373 (2005)
Supreme Court of the United States
Issue
Is the time spent by employees walking between the locker room and production area compensable under the Fair Labor Standards Act?
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15. Exemptions from Minimum Wage and Overtime Pay Requirements
Executives
Administrative employees
Learned professionals
Highly compensated employees
Computer employees
Outside sales representatives
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16. Family and Medical Leave Act
Guarantees workers unpaid time off from work for family and medical emergencies
Applies to companies with 50 or more workers, federal, state, and local government workers
Employee must have worked for employer for at least one year
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17. Family and Medical Leave Act
Provides up twelve weeks of unpaid leave for:
Birth of child
Placement of child for adoption or foster care
Serious health condition
Care for spouse, child, or parent with serious health condition
Employee must be restored to same or equivalent position upon return
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18. Consolidated Omnibus Budget Reconciliation Act (COBRA)
Terminated employee must be offered the opportunity to continue group health insurance
Employer must notify covered employees of their rights under COBRA
Group rate premium should be paid to continue coverage
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19. Employee Retirement Income Security Act (ERISA)
Applies to employer-offered pension plans
Designed to prevent fraud and abuses in private pension plans
Employers are subjected to record-keeping and disclosure requirements
Provides for vesting
Vesting: occurs when an employee has a nonforfeitable right to receive pension benefits
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Government Programs
Unemployment compensation: paid to workers who are temporarily unemployed
Employers pay unemployment taxes
To collect benefits, applicants must be available for work
Workers fired due to bad conduct or workers who quit voluntarily, are not eligible
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Government Programs
Social security: provide limited retirement and death benefits to certain employees and their dependents
Retirement benefits
Survivors’ benefits
Disability benefits
Medicare benefits
Failure to submit taxes results in interest payments, penalties, and criminal liability
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Immigration Law
Administered by U.S. Citizenship and Immigration Services(USCIS)
H-1B visa: allows U.S. employers to employ in the United States foreign nationals who are skilled in specialty occupations
EB-1 visa: allows U.S. employers to employ in the United States foreign nationals who possess extraordinary ability for certain types of employment
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Immigration Law
The Immigration Reform and Control Act(IRCA) requires the employer to:
Obtain a completed Form I-9 for every employee
Examine evidence of employee’s identity
The IRCA imposes criminal and financial penalties on employers who knowingly hire undocumented workers
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