notes mba502

notes mba502

CONCEPT OUTLINE
1. Describe how employment law constrains the organization- legislation protecting employee health, safety, and well-being
a. Legislation protecting employee health, safety, and well-being
Workers’ Compensation
• For employees, not independent contractors
• Recovery under strict liability
• An employee’s exclusive remedy for covered injuries- except for intentional injuries caused (eg when not addressing sexual harassment)
• Recoveries
a) Hospital, medical, rehab, expenses
b) Disability benefits
c) For loss of body parts
d) Death benefits to survivors and/or dependents
• Higher probability of recovery
• Lower recovery than under negligence
• The Occupational Safety and Health Act (OSHA)
• FMLA
b. Legislation protecting wages, pensions, and benefits
• Social Security
• Unemployment Compensation
• ERISA
• The Fair Labor Standards Act
a) Minimum Wage
b) Overtime (time & a half rate)
c. Equal opportunity legislation
• Equal Pay Act
a) Covers sex discrim
d. Title VII: race, national origin, religion, gender
• Covers all employers with 15 or more employees and in an industry affecting interstate commerce
• First must file a charge with the EEOC or similar state agency
• Expressed policy or direct evidence of disparate trtment/impact help prove violations
e. Age Discrimination in Employment Act
• Prohibits age discrim for 40+
• Coverall all employers with 20 + employees ad in an industry affecting interstate commerce
• Process similar to title VII
f. Americans with Disabilities Act
• Procedures and remedies same as title VII
• 15+ employees
• Disability is physical or mental impairment that substantially limits one or more of an individual’s major life activities
• A record of such impairment
• Ones being regarded as having such an impairment
g. Employee privacy
• Polygraph testing
• Drug Alcohol Testing
• Employer searches
• Records and...