The Law in the Workplace

1
The Law in the Workplace

• Know Your Rights

2
Discrimination

• Most labor laws were passed to protect workers
  from various forms of discrimination.
• DEFINITION treating a person or group of people
  differently
• NOTE- Discrimination in any form in the workplace
  is illegal!

3
Minimum Wage

• An amendment to the Fair Labor Standards Act (to
  be discussed later)
• Established the lowest hourly wage that must be
  paid to employees
• It is changed periodically to keep pace with
  inflation- Current MW is 5.15/hour
• Exceptions- Food service workers who earn tips,
  training periods, work/study programs at schools

4
The Fair Labor Standards Act

• Protects employees from unfair treatment by
  employers
• Covers all workers involved in international and
  interstate commerce
• Also covers workers in education and health care
• Violations reported to Employment Standards
  Administration or Wage Hour Division of U.S.
  Department of Labor

5
Equal Employment Opportunity Act

• Makes it illegal for discrimination in the
  workplace based on
• Race
• Color
• Religion
• Sex
• National Origin

6
EEOA- Cont.

• This law specifically prohibits employers from
  treating employees differently in the following
  areas
• -hiring -marital status
• -promotions -disabilities
• -training -age
• -firings
• -all other workplace practices

7
EEOA- Cont

• Examples an employer cannot reserve a
  secretarial position for just women, a car dealer
  cannot offer mechanics positions to only men, a
  fast food restaurant cannot refuse to hire a
  person based upon his/her age or religious beliefs

8
EEOA- Cont

• Employers are not discriminating when they select
  workers based upon the right skills and
  qualifications.
• Examples a school can refuse to hire a person
  who does not hold a teaching certificate, an
  office can require that a secretary be able to
  type 60 wpm, a car dealer can require that
  mechanics be certified, etc.

9
Equal Pay Act

• This law was originally designed to help women
  get equal pay for equal work.
• It applies to all workers!
• This law does the following
• Prohibits unequal pay for doing essentially the
  same work for the same employer
• Prevents the employer from lowering the wages
  of either sex to comply with the law

10
Equal Pay Act- Cont.

• Prevents labor organizations from causing an
  employer to violate the law
• Any violation to this law should be reported to
  the Equal Employment Opportunity Commission (EEOC)

11
Americans with Disabilities Act

• Prohibits employers from discriminating against
  people with physical disabilities
• Employers must attempt to make accom-modations
  for an applicant with disabilities
• Medical physical requirements must be related
  to the business being conducted
• Employers cannot ask applicants about
  disabilities, but can ask about his/her ability
  to perform the duties of the job

12
Age Discrimination Act

• Prohibits employers from not hiring someone
  because they are older (Note It is now being
  interpreted by the courts to stop people from not
  hiring due to youthfulness of applicant)
• This law applies to all employers with 20 or more
  employees
• When age restrictions are in place, they must
  apply to everyone

13
Family and Medical Leave Act

• Passed to allow flexibility in normal work
  routines to allow employees to handle special
  family situations
• The law addresses four conditions
• -having or caring for a new baby
• -adopting or adding a foster child to the family
• -caring for a sick child, spouse, or parent
• -being unable to work due to serious illness

14
Family and Medical Leave Act- Cont .

• Applies to employers with 50 or more employees
• Covers employees who have worked for the company
  for at least 12 months
• Provides a total of 12 weeks off without pay,
  employees can keep health insurance, can return
  to job without loss of benefits or pay reductions

15
Child Labor Standards

• 18 year old can work at any job for any number of
  hours
• 16 17 year olds can work at any non-hazardous
  job for any number of hours (Hazardous jobs
  include operating motor vehicles or power driven
  machinery, working with explosives or nuclear
  materials, and many jobs in the construction,
  demolition, meat processing, and other fields)

16
Child Labor Standards- Cont.

• 16 17 year olds cannot work before 7AM,
  Mon.-Fri. and after 11PM, Sun.-Thurs. when school
  is in session
• 14 15 year olds can work in various
  non-manufacturing nonmining, and nonhazardous
  jobs
• 14 15 year olds are restricted to no more than
  3 hours per school day or 18 hours per week, also
  they cant work before 7AM or after 7 PM

17
Child Labor Standards- Cont.

• 14 15 year olds during non-school periods may
  work no longer than 8 hours a day and no more
  than 40 hours per week
• 14 15 year olds who are enrolled in an approved
  work experience program (CBI is one) may work up
  to 23 hours per school week and no more than 3
  hours per school day

18
Sexual Harassment

• Sexual Harassment is unwelcome sexual
  advancements and is illegal in the workplace.
• It can be a request for sexual favors or verbal/
  physical conduct of a sexual nature.
• The Civil Rights Act and many state laws make
  this an illegal act.
• 2 basic kinds of harassment- Something for
  something hostile environment

19
Sexual Harassment- cont.

• Something for something- this type of harassment
  is usually initiated by someone in authority.
  Normally, some sort of threat is expressed or
  implied. i.e. no promotion, no pay raise, better
  schedule, etc.
• Keep in mind sexual harassment is often the
  result of someone wanting or exerting power over
  another.

20
Sexual Harassment- cont.

• Hostile environment- this type is not necessarily
  overt. It can take the form of pictures,
  calendars, objects. It also includes offensive
  language, jokes, gestures, and comments.
• Identifying a hostile environment is not easy.
  It can be confusing and hard to prove.

21
Sexual Harassment- cont.

• Physical harassment- is touching, holding,
  grabbing, and all other unwanted physical
  contact. It also includes the movement of
  another into ones personal space or comfort
  zone.
• Verbal harassment- is telling offensive jokes,
  using offensive language, and making suggestions
  or threats of a sexual nature.

22
Sexual Harassment- cont.

• Nonverbal harassment- involves offensive gestures
  and actions, such as staring at a persons body
  or circulating letters, e-mails, cartoons, or
  other material of a sexual nature.
• REMEMBER- Most employers want to provide a
  workplace free of harassment because it is a more
  productive workplace. Constant tensions cause
  productivity to drop dramatically.

23
Discouraging Sexual Harassment

• Dress appropriately for the job
• Become aware of your rights and know the
  companys harassment policy
• Know the procedure for reporting harassment
• Conduct yourself in a professional, businesslike
  manner at all times
• NOTE- you should receive a copy of the companys
  harassment policy within the 1st wk.

24
Taking Action

• Remain professional-avoid being too emotional
• Speak to the offender- let him/her know that you
  are uncomfortable and that what they are doing is
  illegal and you want it stopped. If it
  continues, send them a letter outlining your
  complaint and again ask them to stop. Keep a
  copy and file it in a safe place.

25
Taking Action- cont.

• Record the facts- write down all the important
  dates and details of events as soon after they
  occur as possible. Include who, what, when,
  where, and how of the incident. Be prepared to
  provide names of witnesses who can support your
  claim.
• Report the offense if it continues- Report it to
  your supervisor, unless he/she is the problem.
  Then go to his/her boss.

26
Taking Action- cont.

• Outside of company report it to the EEOC or the
  state Department of Human Rights.
• You can take your case to court.
• The law prohibits employers from retaliating
  against employers who file a complaint or testify
  as a witness.

27
Violations

• The Occupational Safety and Health Administration
  (OSHA) is responsible for setting and enforcing
  safety and health standards for workers.
• Violations or suspected violations of workplace
  safety or health issues should be reported to OSHA

28
Violations- Cont.

• Problems with discrimination issues should be
  reported to the Equal Employment Opportunity
  Commission (EEOC) of the U.S. Dept. of Labor.
• Problems with salary/wages or number of hours
  worked should be reported to the Wages and Hour
  Division of the U.S. Dept. of Labor.

29
Violations- Cont.

• Problems with fair treatment or fair pay should
  be reported to the Employment Standards
  Administration or Wage Hour Division of the
  U.S. Department of Labor.

Created by Loren E. Taber- CBI Coordinator,
KCCC/Clear Fork High School