Contextual Influences on Compensation Practice

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Presentation transcript:

Contextual Influences on Compensation Practice Chapter #3

Compensation and the social good What does the term social good mean? Employers Goals #48 Employees Goals Governments Goals

The Law

The Constitution Article 1 Section 8 First Amendment Fifth Amendment Congress has power to regulate trade First Amendment Freedom of speech Fifth Amendment No one shall be deprived of life and liberty Thirteenth Amendment Freed slaves Fourteenth Amendment No state abridgement of freedoms.

Three Branches Legislative branch Executive Branch Judicial Branch

Fair Labor Standards Act of 1938 (FLSA) Minimum Wage Overtime Pay Child Labor protection Enforced by the US Department of Labor Class Exercise Look www. FLSA.gov Find the most common mistakes that you have observed in your experience

Fair Play Rules 2004

Portal to Portal Act 1947 Defines the meaning of the terms “hours worked”

Review from earlier classes Equal Pay Act 1963 Compensable Factors Comparable Worth McNamara Service Contract Act Defines the word “contractor” Bennett Amendment Allows employees to charge employers with Title VII violations Pay Discrimination Civil Right Act Disparate Treatment Disparate Impact Executive Order 11246 Affirmative Action

More Review #62 Pregnancy Discrimination Act 1978 American With Disabilities Act 1990 Family Medical Leave Act 1993 Davis Bacon Act 1931 Walsh Healey Public Contracts Act 1936

Laws That Guide Discretionary Employee Benefits #63 Internal Revenue Code (Taxes) Federal Insurance Contributions Act (FICA) Federal Unemployment Tax Act (FUTA) Nondiscrimination rules Highly compensated employee rules

Contextual Influences on the Federal Government as an Employer #67 Executive Order 11478 Prohibits discrimination; race4, color, religion, sex, etc/. Executive Order 11935 Prohibits employment of non residence of USA in civil service The Rehabilitation Act The Viet Nam Veterans Readjustment Act Government Employee Rights Act Family and Medical Leave Act

Labor Unions As Contextual Influences #68 Reduced influence of National Labor Relations Act l935 7.4 % in private sector Government workers 36.2 % 15 million workers in all in US are in unions Right to Collective bargaining Spillover effect Concessionary Bargaining

Market Influences

More Benefits Laws for Review Employee Income Retirement Act (ERISA) vesting Consolidated Omnibus Budget Reconciliation Act (COBRA) Health Insurance Portability Act (HIPPA) Pension Protection Act (PBGC)