Employment Conditions and Benefits

OSHA Occupational Safety and Health Administration Interstate Businesses with 11 or more employees. Businesses must maintain safe and healthy work environment Businesses must maintain a list of safety steps. OSHA enforces by inspections and fines Random inspections Random inspections After an accident or death on the job After an accident or death on the job After a complaint has been made After a complaint has been made

Wages Hours and Benefits FLSA – Fair Labor Standards Act FLSA – Fair Labor Standards Act Regulates hours an employee can work, employment of minors and the equal pay rule Regulates hours an employee can work, employment of minors and the equal pay rule Covers non-exempt employees (not management) Covers non-exempt employees (not management) Equal Pay Act Equal Pay Act Women and Men must earn the same Women and Men must earn the same Covers exempt and non-exempt employees Covers exempt and non-exempt employees

ERISA – Employee Retirement Income Security Act ERISA – Employee Retirement Income Security Act Pension – Money that is given to an employee based on their salary. Contributions made by employer and employee. Employers with pension plans must invest the funds for employees in independent interests Employers with pension plans must invest the funds for employees in independent interests Good faith management Good faith management

Family Medical Leave Act – Family Medical Leave Act – employee of a company with 50 or more employees is entitled to 12 weeks leave to care for a newborn, adopted or ill family member. They must get their job back.

Employee Privacy Federal Privacy Act -protects the privacy of govt employees. “Right to know” Federal Privacy Act -protects the privacy of govt employees. “Right to know” Drug Free Workplace Act – companies with govt contracts must provide a plan to keep employees off drugs Drug Free Workplace Act – companies with govt contracts must provide a plan to keep employees off drugs Employee Polygraph Protection Act – lie detector test cannot be used to hire or random testing Employee Polygraph Protection Act – lie detector test cannot be used to hire or random testing

Worker Benefits Social Security Act – 1935 – govt funded program that provides income to workers and their families when retiring retiring disabled disabled death death

Unemployment compensation – government payments to workers that have been laid off from work. Unemployment compensation – government payments to workers that have been laid off from work. Cannot get if you have quit or have been fired from your job for just cause. Cannot get if you have quit or have been fired from your job for just cause. Not for those on strike Not for those on strike Must show you are actively seeking work in your field of qualifications.

Workers compensation – insurance program employers fund that pays workers that are out of work because of an injury, disability or a disease acquired on the job. Workers compensation – insurance program employers fund that pays workers that are out of work because of an injury, disability or a disease acquired on the job.

Work Opportunity Laws Welfare Welfare Personal Responsibility and Work Opportunity Act Personal Responsibility and Work Opportunity Act TANF – Temporary Assistance to needy families. TANF – Temporary Assistance to needy families.

Regulating Employment Discrimination The Civil Rights Act of 1964 – prohibits dicrimination in employment based on race, religion, color, sex, national origin. The Civil Rights Act of 1964 – prohibits dicrimination in employment based on race, religion, color, sex, national origin. EEOC Equal Employment Opportunity Commission enforces. Disparate treatment – intentional discrimination Disparate treatment – intentional discrimination Diparate impact – discrimnation occurs as a by-product Diparate impact – discrimnation occurs as a by-product Defense: business necessity

Sexual Harassment Sexual Harassment Courts have recognized Quid Pro Quid Hostile working environment An employer may be liable for sexual harassment occurring in the workplace. Employers may reduce liability by having anti- harassment policy in place.

Examples of Sexual Harassment Jokes, gestures or comments of a sexual nature Jokes, gestures or comments of a sexual nature Displaying sexually-suggestive objects or pictures Displaying sexually-suggestive objects or pictures Flirting Flirting Repeated and unwanted sexual advances Repeated and unwanted sexual advances Touching and other unwanted bodily contact, or impeding or blocking movements Touching and other unwanted bodily contact, or impeding or blocking movements

Pregnancy Discrimination Act Pregnancy Discrimination Act Age Discrimination Act – protects >40 Age Discrimination Act – protects >40 Americans with Disability Act – cannot discriminate against someone with a physical or mental impairment. Employers should accommodate. Americans with Disability Act – cannot discriminate against someone with a physical or mental impairment. Employers should accommodate.