1. Workplace Legal Matters
Chapter 12

2. 12.1: Laws About the Workplace
LABOR LAWS
Designed to protect you from unfair treatment on the job
Ensure everyone has equal opportunities
Protect you in times of personal/economic change
It is IMPORTANT that you know your rights and responsibilities concerning labor laws

3. 12.1: Laws About the Workplace
Work & Pay Laws – Fair Labor Standards Act
Minimum Wage – lowest minimum wage an employer can legally pay you
Passed in 1938
Part of the Fair Labor Standards Act (FLSA)
The FLSA also set the 40 hour work week
Set Child Labor Laws
Compensatory Time – paid time off from work rather than cash in exchange for working overtime

4. 12.1: Laws About the Workplace

5. 12.1: Laws About the Workplace
Labor Union Laws
Wagner Act (National Labor Relations Act)
Passed in 1935
Made it legal for workers to organize in unions
Labor Union– when workers group together to fight for their rights collectively.
Collective Bargaining– when unions use their power of numbers to bargain for work improvements (wages, benefits, safety, etc)

6. 12.1: Laws About the Workplace
Family & Medical Leave
Family & Medical Leave Act
Passed in 1993
Guarantees employees (in company’s with 50+) up to 12 weeks of leave for family/personal medical care or birth/adoption of a child
Before this workers risked losing their jobs

7. 12.1: Laws About the Workplace
Immigrant Workers
Immigration Reform & Control Act
Passed in 1990
Makes it difficult for illegal immigrants to find work
Stresses the need for paperwork and identification before hiring employees
Fines are given to those who break this law

8. 12.1: Laws About the Workplace
Discrimination
Discrimination is unequal treatment based on race, religion, nationality, gender, age or physical appearance
Civil Rights Act of 1964
Bans discrimination based on 5 protected classes
Age Discrimination Act of 1967
Makes it illegal to discriminate against people over 40 years old
Americans with Disabilities Act of 1990
Protects the rights of people with physical or mental disabilities
Equal Pay Act
Requires equal pay to women for equal work. Not a race law.

9. 12.1: Laws About the Workplace
Miscellaneous Laws
Sexual Harrassment
Any unwelcome behavior of a sexual nature
Jokes, Gestures, Unwanted Touching
Repeated/threatening requests to date
Most victims are female but can happen to males too
If you think you are a victim then:
Tell the person to stop
Write down what happened (including date, time, place)
Tell a trusted supervisor or HR manager
If nothing changes, call the US Equal Employment Opportunity Commission

10. 12.2: You & the Legal System The Legal Battlefield Civil Law
Cases that apply to conflicts between private parties concerning rights & obligations
Goal is compensation ($ or change in something)
Civil Law handles a case between an individual and another individual or company. These are not cases involving crimes
Divorce
Custody
Personal Injury
Contract disagreements

11. 12.2: You & the Legal System Lawsuit Procedures
Step 1: File an official complaint with the court
Step 2: Court clerk sends a summons – an order to appear in court – to the receiving party
Step 3: The receiving party (defendant) files an answer
Step 4: Case is assigned to a court
Small Claims Court – cases involving less than $5,000
Local/District Court – where most cases begin

12. 12.2: You & the Legal System Settling Out of Court
Mediation – when cases are brought before a neutral 3rd party who helps both sides come to an agreement
Arbitration – when cases are brought before an arbitrator (3rd party) who issues a written decision similar to what a jury or judge would have done

13. 12.2: You & the Legal System When It Is A Crime?
Crimes involve the government (the police)
Goal is punishment.
Indictment – list of charges brought against someone in a criminal case
Felony – major crime which carries a major punishment (Murder, Arson, Rape)
Misdemeanor – minor crime carrying a less serious penalty (shoplifting, traffic ticket)

14. 12.2: You & the Legal System Lawyers
Match your potential lawyer to their specialty (just as you would see a dentist for a toothache)
Use internet, phone book, referrals from friends
Most lawyers will hold a meeting first to determine how to help you. This is when you make sure they are a good match for you!
Contingency Fee – Payment given to lawyers based on $ you win in court