U.S. Labor and employment law

1. LBS 3001 January 13, 2010 Marc Weinstein, Ph.D. U.S. Labor and employment law

2. Class Agenda • 6:25-6:45 – Introduction to the wiki • 6:45-7:15 – Group work • 7:15-8:00 – Debrief/Lecture • 8:00-8:45 – Film clip discussion • 8:45-9:00 – Discussion of assignment for January 20.

3. The Wiki

4. Group activity • Compare papers • Fill in areas where they are incomplete • Develop broad categories • Prepare for presentation to class

5. U.S. Employment Law • Patchwork • Federal system • Broad areas • Wages and work hours (FLSA, MSPA, DBRA, OSHA, MSHA) • Equal opportunity and access (EPA, ADEA, ADA) • Benefits (ERISA) • Representation (NLRA, Taft-Hartley ACT, State employment laws)

6. xxx Are the laws violated frequently? What kind of employers violate the laws? Which categories of people are most commonly victimized? What recourse do victimized individuals have?

7. From Kim Bobo (p. 7) • Frequency • The violators • Large and small companies • Walmart, Cintas, • 60 percent of nursing homes • Agriculture (25% tomato pickers, 62% garlic producers) • Private individuals (See Gordon, Suburban Sweatshops) • Poultry plants (60-100%) • Restaurants (22-70%; 78% in New Orleans) • Garment workers • Firms employing primarily minorities/non-English spearkers • Undocumented, lowest wage individuals, new labor market entrants, minorities

8. How wage theft occurs • Pay at normal rate, event though workers are working OT (EPI estimates the stolen wages as $19.0 billion • Illegal deductions • Work off the clock • “Donning and doffing” (time spent putting equipment, etc.) • Mis-classification of workers

9. Assignment for 1/20 • Add content to wiki – assignments to be made in class now: • Wages and work conditions • Benefits • Representation • Discrimination