Chapter 12

12.1: Laws About the WorkplaceLABOR LAWS

Designed to protect you from unfair treatment on the job

Ensure everyone has equal opportunitiesProtect you in times of personal/economic

change

It is IMPORTANT that you know your rights and responsibilities concerning labor laws

12.1: Laws About the WorkplaceWork & Pay Laws – Fair Labor Standards

Act

Minimum Wage – lowest minimum wage an employer can legally pay youPassed in 1938Part 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

12.1: Laws About the Workplace

12.1: Laws About the WorkplaceLabor Union Laws

Wagner Act (National Labor Relations Act)Passed in 1935Made 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)

12.1: Laws About the WorkplaceFamily & Medical Leave

Family & Medical Leave ActPassed in 1993Guarantees 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

12.1: Laws About the WorkplaceImmigrant Workers

Immigration Reform & Control ActPassed in 1990Makes 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

12.1: Laws About the WorkplaceDiscrimination

Discrimination is unequal treatment based on race, religion, nationality, gender, age or physical appearanceCivil Rights Act of 1964

Bans discrimination based on 5 protected classesAge 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

disabilitiesEqual Pay Act

Requires equal pay to women for equal work. Not a race law.

12.1: Laws About the WorkplaceMiscellaneous Laws

Sexual HarrassmentAny 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

12.2: You & the Legal SystemThe Legal Battlefield

Civil LawCases that apply to conflicts between private

parties concerning rights & obligationsGoal is compensation ($ or change in

something)Civil Law handles a case between an individual and

another individual or company. These are not cases involving crimesDivorceCustodyPersonal InjuryContract disagreements

12.2: You & the Legal SystemLawsuit 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 courtSmall Claims Court – cases involving less than

$5,000Local/District Court – where most cases begin

12.2: You & the Legal SystemSettling 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

12.2: You & the Legal SystemWhen 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)

12.2: You & the Legal SystemLawyers

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