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Workplace Legal Matters

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Presentation on theme: "Workplace Legal Matters"— Presentation transcript:

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

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