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Employment Law

Employment Law. Week 8. Fair Labor Standards Act (FLSA. Regulated wages and hours • Guidelines on minimum wage Overtime - Child Labor. Exempt Non-exempt. Non exempt – need to be paid time and a half for any hours over 40 hours a week Exempt – are not required to be paid overtime

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Employment Law

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  1. Employment Law Week 8

  2. Fair Labor Standards Act (FLSA • Regulated wages and hours • Guidelines on minimum wage • Overtime - Child Labor

  3. Exempt Non-exempt Non exempt – need to be paid time and a half for any hours over 40 hours a week Exempt – are not required to be paid overtime • Executive, administrative and professional • Independent contractors • Outside salesperson

  4. What do you think? • Myrtle Dover is a domestic helper who resides with the Remingtons. At times, she works more than 8 hours per day and always works on Saturdays and Sundays unless the family is vacationing. Myrtle is paid a set fee each week in accordance with the minimum wage law, but she is not paid overtime. • Are the Remingtons in violation of the maximum hour laws?

  5. What do you think? • Can an employer give employees straight compensatory time (one hour off for every overtime hour worked) instead of overtime?

  6. What do you think? • Veronica is a waitress at Didi’s Diner. She is paid $2.13 per hour, and she is entitled to keep all of her tips, which average $8.50 per hour. • Is Didi’s in compliance with the FLSA?

  7. Child Labor • Children who are at least 16 years of age may work in any occupation as long as it has not been deemed hazardous by the Secretary of Labor. • Children who are 14 or 15 years of age are not permitted to work in manufacturing, mining, and other occupations that interfere with their schooling and/or their health and well-being. • Children under 14 are not permitted to work unless it is for their parents or approved by the court for entertainment or athletic contracts.

  8. What do you think? • Lawrence Connery is an attorney with his own practice. He employs his 12-year-old daughter, Tiffany, to work for him 2 hours after school each day. Her responsibilities include photocopying, stapling, dusting, and making coffee. • Is this permissible?

  9. What do you think? • Michele Goldsmith is a 14-year-old freshman at Richmond Hill High. She works from 2 P.M. until 10 P.M. at Foodway 3 days a week. In order to get to work on time, she has to cut her last class, which, because of a rotating schedule, changes each day and is not particularly noticeable. • Is this permissible?

  10. Unions • Determine the propensity for workers to organize unions in your business field and in your region. • Familiarize yourself with the various labor laws. • Hire a specialist to negotiate collective bargaining agreements. • Appreciate the significance of the National Labor Relations Board. • Know that the National Mediation Board is available to negotiate labor disputes.

  11. Unfair Labor Practices • Unfair Labor Practices committed by employers include: • Refuse to collectively bargain with the union representative • Discriminate against union members • Retaliate against employees who file a grievance with the union • Interfere with union elections • Unduly influence union members or representatives

  12. Unfair Labor Practices • Unfair Labor Practices committed by unions include: • Coerce employees to join unions • Pilfer union dues • Refrain from collective bargaining • Call an illegal strike that will affect the health and safety of the nation • Block the entrance to employers facility

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