Chapter 5 Labor and Employment Laws and Regulations

Chapter 5 Labor and Chapter 5 Labor and Employment Laws and Employment Laws and

RegulationsRegulations

BCN 4772 Summer 2006BCN 4772 Summer 2006

Labor Laws and Regulations Labor Laws and Regulations

• Congress – Federal regulations– Imports and exports– Labor mobility

• The State Government– Florida State Legislature– State Constitution

• Employee rights become broader• Continuously adding new requirements to

employers


• Major Laws and Regulations:– Labor Management Relations Act (LMRA)– The Fair Labor Standards Act– Title VII of the Civil Rights Act of 1964– The Age Discrimination in Employment Act– The Americans Disability Act– Occupational Health and Safety Act– Florida State Laws– Davis Bacon Related Acts


• LMRA– Creates the rights of employees to

bargain collectively for labor disputes – Does not pertain to railroads and airline

industries– Does not provide protection for public

employees, independent contractors, supervisors or agricultural employees


• Florida Right-to-Work Laws• Florida is a Right-to-Work State• Florida prohibits collective bargaining

agreements that would require union membership as a condition of employment

• Union shop• Agency shop• Maintenance of membership


• Fair Labor Standards Act– Sets the minimum wage currently 6.40 per hour– Also sets overtime compensation at time and one-

half of the employees’ regular rate– Equal pay for equal work between sexes

• Child Labor Standards

– Record keeping requirements– Exemption is available under certain

circumstances


• Overtime pay requirements – Based on hours work in excess of 40 per

week– Workweek is a fixed and regular

reoccurring period– Each workweek stands alone– Overtime pay must be calculated on salary

employees differently


• Payments other than cash– Goods or facilities regarded as wages– Reasonable cost to the employer – Fair value– Includes lodging


• Commissions paid on a workweek basis– Must determine hours worked – Calculate overtime payments


• Bonuses– Discretionary bonuses– Gifts on special occasions– Long period of time


• Salary for workweek exceeding 40 hours– Example:


• Overtime pay– Must be paid after 40 hours of work in a

week – May not be waived by an agreement

between an employer and employee


• Record keeping– Identifying Information– Time related Information– Wage information

Labor Laws and Regulations Labor Laws and Regulations • Identifying Information

– Full name and social security number– Address– Birth date– Sex– Occupation


• Time related Information– Day and week of time that workweek

begins– Total hours worked each day– Total hours worked per week


• Wage information– Basis of wages– Regularly hour rate and overtime rate– Additions or deductions from the

employees’ wages– Date of payment and the pay period

Labor Laws and Regulations Labor Laws and Regulations • Construction Industry Child Labor

Restriction– Minimum of 18 years for work declared

particularly hazardous– General age limitation of 16 – Limits hours anyone 16 or 17– May not work more than 6 consecutive days in a

week – No more than 30 hours per week– No more than 8 hours in one day– Limits time to 6:30am to 11:00pm


• Davis-Bacon Related Acts– Requires $2000+ on contract– Covers wages on federal government

contracts


• Title VII of the Civil Rights Act of 1964– Employer cannot discriminate on the grounds of

the following:– Race– Color– Sex– Religion– National Origin


• Florida Human Rights Act of 1992– Variation of the Civil Rights Act – Includes AIDS, Alcoholism and Drug

Abuse


• Family and Medical Leave Act of 1993– Subjected to employers with 50 or more

employees– Allows up to 12 weeks of unpaid leave

during any 12 month period for birth– Also covers adoption, foster care of a

child, serious health condition of a family member or an employee’s own condition


• Public Whistle-Blowers Act– Protects employees from retaliation for

disclosing employer’s violations

• Americans with Disabilities Act– Must accommodate


• Veterans’ Re-employment Laws– Guarantees military leave of absence– Must meet specific requirements for

eligibility


• The Employment and Training of Veterans Act– Must employ an advance qualified

disabled veterans


• Occupational Safety and Health Act– Covers all employers engaged in business

affecting commerce– Requires safe and healthful working conditions– Prohibits work in surroundings or under working

conditions which are unsanitary, hazardous or dangerous

– Governed by established safety and health standards imposed by OSHA

– OSHA conducts workplace inspections for compliance


• Florida Right-to-Know Act– Employer must obtain and maintain a

material safety data sheet for every toxic substance, which is present in the workplace

– Must be readily available upon request– Must provide instructions on the nature

and affects of each toxic substance


• Drug Free Workplace Act of 1988– Covers employers on all government

contracts over 25,000


• Workers Compensation Law– Requires employees to carry insurance

covering employees-economic losses due to on the job injuries

– Covers employees subject to gross negligence

• Unemployment Laws


• Consolidated Omnibus Budget Reconciliation Act– Requires group health plan to offer

coverage to qualified employees who would otherwise lose coverage under the health plan


• Immigration Reform and Control Act of 1986– Prohibits hiring and retention of

unauthorized aliens– Requires employment verification– Applies to all employers


• Worker Adjustment and Retraining Notification Act – Applies to employers who employ one

hundred or more employees– Requires employers to give 60 days

advanced notice of a plant closing or mass layoff


• What is your concern?– Owner – Manager

Chapter 5 Labor and Employment Laws and Regulations

Documents

Transcript of Chapter 5 Labor and Employment Laws and Regulations