Essay on law531 r9 study guide week4 MBA

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Week 4 Study Guide: Employment Law

Readings and Key Terms

Ch. 31 of Business Law

Employment law
Worker protection law
Immigration law
Workers’ compensation
Occupational Safety and Health Act
Fair Labor Standards Act
Family and Medical Leave Act

Ch. 32

Labor law
Collective bargaining
Norris LaGuardia Act
National Labor Relations Act (Wagner Act)
Labor Management Relationship Act (Taft-Hartley Act)
Labor Management Reporting and Disclosure Act
Railway Labor Act
Union security agreements
Right-to-work laws

Ch. 33

Equal opportunity in employment
The Equal Employment Opportunity Commission
Title VII of the Civil Rights Act of 1964
Lilly Ledbetter Fair Pay Act of 2009
Title VII
Disparate treatment discrimination
Disparate impact discrimination
Age Discrimination in Employment Act
Bona Fide Occupational Qualification (BFOQ)

Content Overview

Employment, worker protection, and immigration ;aw

Workers’ compensation is insurance that is paid if a worker is injured on the job and is an exclusive remedy which means that you cannot collect both workers’ compensation and initiate a lawsuit against your employer for that injury.
Occupational Safety and Health Act, (OSHA) is the law that defines safety in the workplace and is enforced by the Occupational Safety and Health Administration.
Fair Labor Standards Act, (FSLA) protects workers in the area of child labor, minimum wage, and overtime pay and is enforced by the U.S. Department of Labor.
Family and Medical Leave Act, (FMLA) guarantees workers up to 12 weeks of unpaid leave due to the birth of a child, adoption of a child, a serious health condition, or to care for a sick spouse, child, or parent.

Labor law and collective bargaining

Labor and management are regulated by several important federal statutes: Norris LaGuardia Act, National Labor Relations Act (Wagner Act), Labor Management Relationship Act (Taft- Hartley Act), Labor Management Reporting and Disclosure Act, and the Railway Labor Act.
The National Labor Relations Act created the National Labor Relations Board who oversees virtually all union activity.
Collective bargaining occurs after a union has been elected and is where the employer and union negotiate the terms of the collective bargaining agreement.
Union security agreements are often negotiated where either a closed shop, a union shop, or an agency shop are installed.

Closed shop requires employers to hire only union members
Union shop allows employers to hire anyone but that person must join the union
Agency shop allows employers to hire anyone and they can either elect or not elect to join the union.

Right-to-work laws allow states to outlaw union or agency shops and are achieved by constitutional amendment or statute.
Union solicitation may take place on company property under certain conditions

Equal opportunity in employment

Equal opportunity in employment exists to guarantee treatment free from discrimination in the workplace and gives employees the right to sue employers that do not follow this guarantee.
The Equal Employment Opportunity Commission (EEOC) was set up to enforce discrimination laws.