1. Objective 3.01 Understand employment law

2. Employment Law Basics Employment law
Division of law that governs the relationship between employers and employees
Employment 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 agreement
The 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 agreement
Person 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. Employment Acts Wagner Act (National Labor Relations Act) Taft-Hartley
First federal law dealing with collective bargaining
Encourage collective bargaining, discouraged unfair labor practices
Equalize power of labor and management
Taft-Hartley
Prevents labor union from requiring an employer to retain employees who are no longer need
Pres to postpone strike

9. Employment Acts Landrum-Griffin Act Fair Labor Standards Act of 1938
Unions must register with Sec. of Labor and submit year financial reports.
Fair Labor Standards Act of 1938
Restricted child labor

10. Fair Labor Standards Act
Also referred to as the Wage and Hour Act
Federal law that sets the minimum wage, overtime pay, and age requirements for certain types of employees
This act does not apply to the minimum wage or overtime pay of professional workers, executives, administrative, and outside sales employees
Reference:
Wage & Hour Act

11. Child Labor Do’s & Don’ts
NC Department of Labor
Promotes the general well-being, safety, and health of NC workers by:
Enforcing occupational and health standards
Setting the minimum wage and maximum number of work hours per week
Providing apprentice programs for the skilled trades
Conducting inspections for mines, boilers, elevators, amusement rides, and quarries
Reference:
NC Labor Laws
Reference:
NC Youth Labor Laws
Reference:
Child Labor Do’s & Don’ts

12. NC Department of Labor
North Carolina 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 younger
In general, children of any age are permitted to work for business owned by parents
This is a provision of the Fair Labor Standards Act.
WEB Reference:
Work Permits
Reference:
Youth Employment
Certificate
WORKSHEET:
Minimum Wage
Youth Employment

13. Occupational Safety & Health Act
Federal act that establishes and promotes workplace safety standards for businesses
Employers should undertake specific precautions to ensure that the workplace is free of hazards that would lead to harm, permanent injury or death
Violators may be fined up to $7,000 per day
Reference:
Guide to OSHA

14. Hazardous Occupations Not Available To Minors:
Mining
Manufacturing explosives, brick, or tile
Operating power-driven hoists
Logging and saw milling
Driving motor vehicles or acting as an outside helper on such vehicles (except for incidental, occasional, and school bus driving)

15. Hazardous Occupations Not Available To Minors:
Slaughtering or meat packing
Operating circular saws, band saws, or guillotine shears
Wrecking or demolishing buildings or ships
Roofing
Excavating
Reference:
Hazardous Occupations
Minors

16. 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

17. 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 child
The employee is diagnosed with a serious health condition
The employee needs to care for a close relative with a serious health condition

18. Age Discrimination Act in Employment
This act prohibits discrimination against applicants and employees 40 years of age or older throughout the employment process
This act only apply to businesses employing 20 or more employees

19. 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 sex
Discrimination is prohibited throughout the employment process including hiring, compensation, promotion, training, and termination - EEOC
WORKSHEET:
Employment Discrimination
Presentation
WORKSHEET:
Employment Discrimination
Lawsuit
WORKSHEET:
Employment Discrimination

20. The Civil Rights Act of 1991
The purpose of this act was to strengthen civil rights law, in particular disparate impact
Disparate treatment impact
Occurs when an employer creates a seeming fair employment practice that has a negative impact on members of a protected class
Under this act, employers must prove that their practices are based on job qualifications

21. Employment-at-Will
An employer or employee can terminate employment “at-will” for any reason or no reason without being liable for breach of contract
Unjust Dismissal - Employees have legal grounds against employers who have treated them unfairly
Due Process is a grievance procedure for government employees.
Certain types of employees are not subject to employment-at-will laws including employees with contracts and unionized employees.

22. Statutory Rights of Employees
Submit worker’s compensation claim
Engage in legal union activities
Participate in state or federal military service
OSHA whistleblower protection
Answer jury duty call or serve as trial witness

23. More Statutory Rights…
Protection from unsafe work conditions
Receive minimum wage
No job discrimination based on race, color, national origin, sex, religion, age, or handicap

24. Union
An organization of employees formed to ensure favorable work conditions, wages, work hours, benefits and grievance procedures.
Only per the Union Contract
Contract expires, is renegotiated and new contract goes into effect.

25. Types of Shops Closed shop Union shop
Employees must join the union before being hired
Union shop
Non-union employees can by hired, but must join union within a certain amount of time

26. Types of Shops Agency shop Open shop
Employees are not required to join the union, yet they still must pay union dues
Open shop
Employees are not required to join the union or pay union dues

27. Restrictive Employment Contracts
Non-Compete
Type of work prohibited
Length of work
Extent of geographic area

28. Right to Work Law
State law that prohibits employees 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 law
What are the right to work states?

29. Right to Work States

30. Unemployment Compensation
Insurance program that provides temporary income for qualified individuals who are unemployed through no fault of their own
Eligibility requirements for collecting unemployment compensation varies by state
The North Carolina Division of Employment Security handles unemployment claims

31. 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 Commission
File a claim for each week that benefits are needed
Actively seek employment during any week unemployment benefits are received

32. Denial of Unemployment Benefits
In North Carolina, an individual may be denied unemployment compensation if he/she:
Quits a job
Gets fired from a job
Refuses a referral job
Turns down a job offer
Refuses to Approved Commission Training
Fails to complete Approved Commission Training

33. Social Security Act
Enacted in 1935 to provide financial assistance to eligible workers and their dependents in the form of retirement, disability, and death benefits
The act established the social insurance program commonly called Social Security
Federal insurance program funded by the tax contributions of employees and employers

34. 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 Administration
Six month required elimination (waiting) period
Periodic review of status to continue benefits

35. 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 67
A person can receive social security retirement benefits if the spouse dies
Medicare is also considered a social security benefit

36. 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 benefits
The average death benefit is $255

37. 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 job
Indemnifies (pays) employee for their loss of income
Insurance is paid for by employer
WORKSHEET:
Employment Law FIB
WORKSHEET:
Name the Act