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MSHR 605 Employment Law Project Summary
- 1. MSHR 605 TERM PROJECT HEATHER MCNALLY
- 2. Welcome Objectives 1. Working understanding of laws 2. Understanding of how to protect our organization Laws to be covered Civil Rights Act/Title VII, ADEA, ADA, EPA, FLSA, FMLA, NLRA/THA, OSHA and the WARN act.
- 3. The Civil Rights Act/Title VII Outlaws discrimination based off of sex, color, national origin, race or religion Hiring, firing, disciplinary, promotion and compensation benefits decisions cannot be based off of those characteristics Those decisions MUST be based off of quality of work, seniority and merit.
- 4. Age Discrimination in Employment Act Outlaws discrimination of people over forty Focused on age discrimination in layoffs You cannot base layoff decisions on age All layoff decisions MUST be made off of quality of work, seniority and merit
- 5. Americans With Disabilities Act Prohibits discrimination against people with disabilities in the area of employment as well as transportation, public accommodations, state and local programs and communications. Disability is defined as a physical or mental condition that causes substantial limitations on one or more life events Employee can request a reasonable accommodation and we MUST take affirmative steps to make the accommodation work Reasonable accommodation can only be denied if it causes undue harm, a safety issue or interferes with essential job duties Hiring, firing, discipline, promotion or compensation cannot be made based on disability status Again, all of those decisions can only be made off of quality of work, seniority and merit
- 6. The Equal Pay Act Outlaws sex based discrimination in compensation Requires equal pay for equal work Equal work means equal skill level, responsibilities, effort and working conditions Compensation CANNOT be based off of sex Compensation MUST be based off merit, seniority or quality of work
- 7. The Fair Labor Standards Act Federal minimum wage is $7.25/hour Overtime must be paid when non-salaried employees work more than forty hours in a seven day period Overtime is not required to be paid for hours worked on holidays, weekends or normal days of rest No federal limit on hours that can be worked for workers over 16 Requires accurate record keeping of all employee time and pay Requires signage to be displayed in the workplace We must follow ALL of these requirements
- 8. Family Medical Leave Act Allows employees to take up to 12 weeks of leave for a qualifying condition in a 12 month period Leave is unpaid and the employees job must be protected during the leave In order to qualify employees must have worked for the company for at least 12 months and have worked 1250 hours in the last year Leave can be for serious illness of self or other, family expansion or military deployment
- 9. National Labor Relations Act/Taft-Hartley Act Establishes workers rights to organize unions and collective bargaining Outlaws retaliation against employees for doing so Does not apply to salaried workers, independent contractors, agricultural workers, those employed by family or a spouse, domestic service workers, workers covered by the Railway Labor Act and government employees Unfair labor practices for employers Taft-Hartley act focuses on unions and sets unfair labor practices for them
- 10. Occupational Safety and Health Act Created health and safety standards for all businesses engaging in interstate commerce Established organization to uphold these standards Employers have a general duty to provide a workplace free from recognized hazards that can cause death or injury Deaths must be reported to OSHA within 8 hours Injuries must be reported within 24 hours Safety training is required for all workers OSHA signage is mandatory to post in the workplace
- 11. The Worker Adjustment and Retraining Notification Act Requires workers are given 60 days notice before a plant closing or mass layoff Company must have at least 100 workers with certain exceptions Applies to private for profit and non profit organizations Covers hourly, salaried and managerial roles Does NOT apply to business partners
- 12. Conclusion Thank you for participating in this training If you have any further questions please reach out to me