1. Chapter 21.1: Employment Conditions & Benefit Laws Section 21.1 Health & Safety Fair Wages & Benefits Privacy

2. Employment Condition Laws There are 3 areas covered by Employment Law:There are 3 areas covered by Employment Law: Health & SafetyHealth & Safety Fair Wages & BenefitsFair Wages & Benefits PrivacyPrivacy

3. Employment Condition Laws Health & Safety Health & Safety Occupational Safety & Health Act of 1970 Occupational Safety & Health Act of 1970 Ensures employees are protected in workplaceEnsures employees are protected in workplace Established Occupational Safety & Health Administration (OSHA) - an agency of the federal government that sets safety & health standards for companiesEstablished Occupational Safety & Health Administration (OSHA) - an agency of the federal government that sets safety & health standards for companies

4. Employment Condition Laws OSHA uses 2 approaches to accomplish its mission OSHA uses 2 approaches to accomplish its mission 1. Imposes upon employers the duty to maintain a safe & healthy work environment1. Imposes upon employers the duty to maintain a safe & healthy work environment 2. Creates rules that outline the safety steps businesses must maintain2. Creates rules that outline the safety steps businesses must maintain DONE THROUGHDONE THROUGH ****random workplace inspections (worksite visits after a death, disaster or employee complaint) ****fines

5. Employment Condition Laws Wages, Hours & Benefits Wages, Hours & Benefits The Federal Gov’t. has passed laws that set standards for employers regarding the above:The Federal Gov’t. has passed laws that set standards for employers regarding the above: Fair Labor Standards Act (FLSA) Fair Labor Standards Act (FLSA) Equal Pay Act (EPA) Equal Pay Act (EPA) Employment Retirement Income Security Act Employment Retirement Income Security Act Family & Medical Leave Act (FMLA) Family & Medical Leave Act (FMLA)

6. Employment Condition Laws Fair Labor Standards Act Fair Labor Standards Act Requires certain employers to pay their works a legal minimum hourly wage rateRequires certain employers to pay their works a legal minimum hourly wage rate PLUS time and a half (overtime) for all work over 40 hours per weekPLUS time and a half (overtime) for all work over 40 hours per week Regulates the employment of minorsRegulates the employment of minors

7. Employment Condition Laws

8. Equal Pay Act - 1963 Equal Pay Act - 1963 Amendment to FLSAAmendment to FLSA Established Equal Pay Rule - employers engaged in interstate commerce must pay women the same rate of pay as men holding same type of job – This is a GENDER law not a RACE law.Established Equal Pay Rule - employers engaged in interstate commerce must pay women the same rate of pay as men holding same type of job – This is a GENDER law not a RACE law. Hourly workersExecutives & Administrators Salaried salespeopleProfessional employees

9. Employment Condition Laws Employment Retirement Income Security Act Employment Retirement Income Security Act Prevents abuse of employee retirement money Pension Plan - program established by an employer or union designed to provide income to employees after they retire (not controlled by employer but outside fund) Pension Plan - program established by an employer or union designed to provide income to employees after they retire (not controlled by employer but outside fund) Before… funds in retirement plans were mismanaged or used for other business expenses resulting in loss of benefits for employees

10. Employment Condition Laws Family & Medical Leave Act Family & Medical Leave Act Employees of companies with 50+ workers are entitled to 12 weeks of leave during any 12 month period Examples: Birth or adoption of a child Care for spouse, child or parent who has a serious medical condition

11. Employment Condition Laws Employee Privacy Rights Employee Privacy Rights 3 areas of concern: 3 areas of concern: Privacy for government employees Privacy for government employees Testing employees for drug use Testing employees for drug use Using polygraphs (lie detectors) in making hiring/firing decisions Using polygraphs (lie detectors) in making hiring/firing decisions 3 Laws related to Employee Privacy: 3 Laws related to Employee Privacy: Federal Privacy Act Federal Privacy Act Drug-Free Workplace Act Drug-Free Workplace Act Employee Polygraph Protection Act Employee Polygraph Protection Act

12. Employment Condition Laws Federal Privacy Act Federal Privacy Act The privacy of government employees is often given greater emphasis than privacy of employees in private sector. People want less government in their life. Under Federal Privacy Act government employees are given the right to : Restrict inspection of their employment files Be informed of employment files & their contents Fix any mistake they might find in their files

13. Employment Condition Laws Drug-Free Workplace Act Drug-Free Workplace Act Firms must have a plan to be sure employees don’t use drugs on the job. It does not order companies to include drug testing. If a drug test is performed improperly it can violate 4 th amendment prohibiting unreasonable search & seizure.

14. Employment Condition Laws Employee Polygraph Protection Act Employee Polygraph Protection Act Just like drug testing, polygraph use can violate employee privacy rights (4 th Amendment) This law prohibits employers from using lie detector tests for screening of employment applicants or for random testing of employees

15. Employment Condition Laws Laws Providing Worker Benefits Laws Providing Worker Benefits These laws protect workers who have left the job because of retirement, injury or disability … as well as provides assistance to workers who have been laid off or discharged. Laws include: Social SecurityUnemployment Insurance Work OpportunityWorker’s Compensation

16. Employment Condition Laws Social Security Act – Government program that provides continuing but limited income to workers and their dependents Social Security Act – Government program that provides continuing but limited income to workers and their dependents Provides benefits to employees and their families when their earnings stop or are reduced because of retirement, disability or deathProvides benefits to employees and their families when their earnings stop or are reduced because of retirement, disability or death

17. Employment Condition Laws Unemployment Compensation Laws Unemployment Compensation Laws is a system of government payments to people who are out of work and looking for a job Payments are made from an unemployment insurance fund financed by payroll taxes or unemployment insurance paid by employers

18. Employment Condition Laws Worker’s Compensation Laws Worker’s Compensation Laws Is an insurance program that provides income for workers who are injured or develop a disability or disease as a result of their job Paid by Employers! Employers typically pay a tax on their payrolls to fund the state’s workers compensation fund

19. Employment Condition Laws Work Opportunity Laws Work Opportunity Laws Welfare – a government system providing assistance to poor Americans with dependent children Welfare – a government system providing assistance to poor Americans with dependent children -  Criticized for many reasons. -  Criticized for many reasons. As A Result…. In 1996 Congress passed the Personal Responsibility & Work Opportunity Act As A Result…. In 1996 Congress passed the Personal Responsibility & Work Opportunity Act

20. Employment Condition Laws Work Opportunity Laws Work Opportunity Laws Also as a result of welfare criticism…Also as a result of welfare criticism… Temporary Assistance to Needy Families (TANF) Temporary Assistance to Needy Families (TANF) A majority of all welfare recipients must hold a job, enter career programs or face a loss of payments. This is a 2-year period.A majority of all welfare recipients must hold a job, enter career programs or face a loss of payments. This is a 2-year period.