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Workplace Legal Matters. Chapter 12. 12.1: Laws About the Workplace. LABOR LAWS Designed to protect you from unfair treatment on the job Ensure everyone has equal opportunities Protect you in times of personal/economic change

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12 1 laws about the workplace
12.1: Laws About the Workplace
  • LABOR LAWS
    • Designed to protect you from unfair treatment on the job
    • Ensure everyone has equal opportunities
    • Protect you in times of personal/economic change
  • It is IMPORTANT thatyouknow your rights and responsibilities concerning labor laws
12 1 laws about the workplace1
12.1: Laws About the Workplace
  • Work & Pay Laws – Fair Labor Standards Act
  • Minimum Wage – lowest minimum wage an employer can legally pay you
    • Passed in 1938
    • Part of the Fair Labor Standards Act (FLSA)
      • The FLSA also set the 40 hour work week
      • Set Child Labor Laws

Compensatory Time – paid time off from work rather than cash in exchange for working overtime

12 1 laws about the workplace3
12.1: Laws About the Workplace
  • Labor Union Laws
  • Wagner Act (National Labor Relations Act)
    • Passed in 1935
    • Made it legal for workers to organize in unions

Labor Union– when workers group together to fight for their rights collectively.

Collective Bargaining– when unions use their power of numbers to bargain for work improvements (wages, benefits, safety, etc)

12 1 laws about the workplace4
12.1: Laws About the Workplace
  • Family & Medical Leave
  • Family & Medical Leave Act
    • Passed in 1993
    • Guarantees employees (in company’s with 50+) up to 12 weeks of leave for family/personal medical care or birth/adoption of a child

Before this workers risked losing their jobs

12 1 laws about the workplace5
12.1: Laws About the Workplace
  • Immigrant Workers
  • Immigration Reform & Control Act
    • Passed in 1990
    • Makes it difficult for illegal immigrants to find work

Stresses the need for paperwork and identification before hiring employees

Fines are given to those who break this law

12 1 laws about the workplace6
12.1: Laws About the Workplace
  • Discrimination
  • Discrimination is unequal treatment based on race, religion, nationality, gender, age or physical appearance
    • Civil Rights Act of 1964
      • Bans discrimination based on 5 protected classes
    • Age Discrimination Act of 1967
      • Makes it illegal to discriminate against people over 40 years old
    • Americans with Disabilities Act of 1990
      • Protects the rights of people with physical or mental disabilities
    • Equal Pay Act
      • Requires equal pay to women for equal work. Not a race law.
12 1 laws about the workplace7
12.1: Laws About the Workplace
  • Miscellaneous Laws
  • Sexual Harrassment
    • Any unwelcome behavior of a sexual nature
      • Jokes, Gestures, Unwanted Touching
      • Repeated/threatening requests to date
    • Most victims are female but can happen to males too
    • If you think you are a victim then:
      • Tell the person to stop
      • Write down what happened (including date, time, place)
      • Tell a trusted supervisor or HR manager
      • If nothing changes, call the US Equal Employment Opportunity Commission
12 2 you the legal system
12.2: You & the Legal System
  • The Legal Battlefield
  • Civil Law
    • Cases that apply to conflicts between private parties concerning rights & obligations
    • Goal is compensation ($ or change in something)
  • Civil Law handles a case between an individual and another individual or company. These are not cases involving crimes
    • Divorce
    • Custody
    • Personal Injury
    • Contract disagreements
12 2 you the legal system1
12.2: You & the Legal System
  • Lawsuit Procedures
  • Step 1: File an official complaint with the court
  • Step 2: Court clerk sends a summons – an order to appear in court – to the receiving party
  • Step 3: The receiving party (defendant) files an answer
  • Step 4: Case is assigned to a court
    • Small Claims Court – cases involving less than $5,000
    • Local/District Court – where most cases begin
12 2 you the legal system2
12.2: You & the Legal System
  • Settling Out of Court
    • Mediation – when cases are brought before a neutral 3rd party who helps both sides come to an agreement
    • Arbitration – when cases are brought before an arbitrator (3rd party) who issues a written decision similar to what a jury or judge would have done
12 2 you the legal system3
12.2: You & the Legal System
  • When It Is A Crime?
    • Crimes involve the government (the police)

Goal is punishment.

Indictment – list of charges brought against someone in a criminal case

    • Felony – major crime which carries a major punishment (Murder, Arson, Rape)
    • Misdemeanor – minor crime carrying a less serious penalty (shoplifting, traffic ticket)
12 2 you the legal system4
12.2: You & the Legal System
  • Lawyers
    • Match your potential lawyer to their specialty (just as you would see a dentist for a toothache)

Use internet, phone book, referrals from friends

    • Most lawyers will hold a meeting first to determine how to help you. This is when you make sure they are a good match for you!
    • Contingency Fee – Payment given to lawyers based on $ you win in court