Employment Law VIII

BHR 3565, Employment Law 1

Course Learning Outcomes for Unit VIII Upon completion of this unit, students should be able to:

2. Examine the responsibilities of the parties to an employment contract. 2.1 Validate your argument as to why you support or are against an increase in minimum wage. 2.2 Discuss whether managers should be given a higher minimum wage or be paid overtime. 2.3 Express what the minimum weekly salary should be for bona fide executives, administrators, or

professionals.

Course/Unit Learning Outcomes

Learning Activity

2 Unit Lesson Chapter 20

2.1 Unit Lesson Chapter 22 Unit VIII Scholarly Activity

2.2 Chapter 22 Unit VIII Scholarly Activity

2.3 Chapter 22 Unit VIII Scholarly Activity

Reading Assignment Chapter 20: Occupational Safety and Health Chapter 22: The Fair Labor Standards Act

Unit Lesson Occupational Safety and Health There is another category of federal laws that deal with the employment relationship, that is, the laws that deal with the obligation of employers to insure the health and safety of their employees while those

employees are on the job. The Occupational Safety and Health Administration (OSHA) was created after the enactment of the OSH Act in 1970 with the intent to make working conditions safer for employees. In carrying out that responsibility, OSHA has established regulations relating to employee safety, ranging from when safety helmets must be worn to how employees working on roofs must be secured to keep from falling to how laboratories using hazardous materials must be vented. OSHA has the legal authority to establish these rules, inspect workplaces to ensure that the rules are being followed, investigate accidents that occur in workplaces, and fine employers who are found to have violated the rules. Since the enactment of OSH Act, workplace deaths have decreased 65 percent and injuries have decreased 67 percent (Cihon & Castagnera, 2016). OSHA, under the direction of the Secretary of Labor, has the right to set standards, conduct inspections, issue citations for violations, and recommend penalties. If an employee files a compliant with OSHA or testifies against the employer in an action because of OSHA violations, he

UNIT VIII STUDY GUIDE

Employment Law Issues

(U.S. Department of Labor, 2011)

BHR 3565, Employment Law 2

UNIT x STUDY GUIDE

Title

or she cannot be discriminated against for doing so. It is important for employers to keep records of workplace injuries or accidents for OSHA inspections. Course Overview After studying the various employment issues in the last seven units, it is imperative to know the laws that affect your employees and management. Having policies and procedures in place and educating management and staff are important aspects. The most common charge brought against employers is for retaliation. It is illegal to punish employees for excising their rights under the law. Sometimes the employer shrouds its retaliation by blaming downsizing or citing the needs of the company. The underlying issue may be sexual harassment, gender discrimination, or age discrimination, but when the employer retaliates for an employee complaint, charges may ensue. Other common charges are for race and gender discrimination. Management that is knowledgeable about these issues and laws is less likely to violate the laws and cause fines and damages to the employer. The reputation of the employer and the goodwill of the company cannot always be measured in dollars and cents. It takes time and money to litigate these types of claims. If the employee files suit or if the union files a grievance, it is important to know the proper response and the information that is needed to defend the employer. A good risk management or human relations team tries to prevent such actions but knows how to deal with them when they happen. Working with attorneys and union representatives is an important part of the job. Another important aspect is not to view employees and unions as the enemy. Having good working relationships goes a long way toward prevention of problems and creation of a healthy working environment. When employees are happy, productivity is not stalled, strikes are prevented, and grievances are avoided. A good risk management or human relations department keeps good records of events. Certain agencies require updated documentation for all instances. It is also important to document and keep records for defense of future lawsuits or charges. If there is a bona fide reason for the employer action, this may be a defense to potential discrimination charges that may be filed. Information to prove these defenses is important to document. When there is an employee disagreement, it is important to gather the facts and be ready for a potential dispute or charges. What are the company policies and procedures? Are these policies in compliance with the laws and statutes? Simply writing policies, as we saw in the Costco case involving electronic communication, may be a violation of certain statutes. Communications in writing or even oral communication can be used against the company if they are discriminatory or against statutorily protected rights of employees. Having good working relations with the unions or employee representatives is imperative. As demonstrated in Unit VII, the employer and the union may be liable for the breach of duty of fair representation. Reflection This course covered eight course-level competencies:

1. Differentiate the relationship statuses between the employer, employee, and independent contractor. 2. Examine the responsibilities of the parties to an employment contract. 3. Explain the types of federally prohibited discrimination in the workplace environment. 4. Discuss Affirmative Action policies. 5. Discuss the Equal Employment Opportunity Commission. 6. Explain the authority of unions in the workplace. 7. Discuss workplace sexual harassment under Title VII of the Civil Rights Act of 1964. 8. Explain the causes of action under federal antidiscrimination laws.

After completing the assignments and readings, you should have a good understanding of these eight competencies. Try to take the information and use it in future courses and in the workplace. You should be able to look at case law and determine the case history and the process of the case through the court systems. It is important to look at the cases critically. What do the decisions say? How will this apply to your work environment or company? Understanding the different federal and state statutes will enable you to apply good judgment in the workplace. Additionally, you will have the knowledge of how to look up cases and follow legal decisions to find

BHR 3565, Employment Law 3

UNIT x STUDY GUIDE

Title

answers. Working with unions and employees can be challenging. It may be a balancing act when trying to do what is right for the employees, such as raising minimum wage and what is right for the company, like making a profit.

References Cihon, P. J., & Castagnera, J. O. (2017). Employment and labor law (9th ed.). Boston, MA: Cengage

Learning. U.S. Department of Labor. (2011, July 25). Photograph by Randy Mollohan [Image]. Retrieved from

https://flic.kr/p/a6YuvL

Suggested Reading You are also encouraged to read Chapter 21 of the textbook in order to gain a full understanding of the unit concepts. Chapter 21: The Employee’s Safety Nets: Unemployment and Workers’ Compensation, Social Security, and Retirement Plans