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Some Federal Regulations
on the Employment Relationship
The following is a summary of key federal laws related to
employment. This summary is by no means all inclusive. For more details you
should speak with a labor and employment lawyer.
Title VII Federal Civil Rights
Law
- Investigated and enforced by the Equal Employment Opportunities
Commission (EEOC) and private law suit. Go to eeoc.gov for more information.
- Applies only to employers with 15 or more employees.
Prohibits employers from discriminating in the hiring process
based on race, color, religion, sex, or national origin.
Americans with Disabilities Act
(ADA)
Investigated and enforced by the Equal Employment Opportunities
Commission (EEOC) and private law suit. Go to eeoc.gov for more information
- Defines a disability as a physical or mental impairment
that substantially limits one or more major life activities.
Prohibits discrimination against a person with a qualified
disability.
Provides that if an individual with a disability can perform
essential functions with or without reasonable accommodation, that person
cannot be discriminated against on the basis of their disability.
Age Discrimination in Employment
Act
Investigated and enforced by the Equal Employment Opportunities
Commission (EEOC) and private law suit. Go to eeoc.gov for more information
- Prevents employers from giving preferential treatment
to younger workers to the detriment of older workers.
Only applies to workers 40 years of age and older, and
to workplaces with 20 or more employees.
Does not prevent an employer from favoring older employees
over younger employees.
Fair Labor Standards Act
Provides regulation as to the duration of work days, and
breaks an employer must provide.
- Governs applicable salary and overtime requirements set
out by the federal government.
National Labor Relations
Act
The National Labor Relations Act
extends rights to many private-sector employees including the right to organize
and bargain with their employer collectively. Employees covered by the Act
are protected from certain types of employer and union misconduct and have
the right to attempt to form a union where none currently exists.
Examples of Your Rights As An Employee Under the NLRA Are:.
- Forming, or attempting to form, a union among the employees
of your employer.
- Joining a union whether the union is recognized by
your employer or not.
- Assisting a union in organizing your fellow employees.
- Engaging in protected
concerted activities. Generally, "protected concerted activity"
is group activity which seeks to modify wages or working conditions.
- Refusing to do any or all of these things. However,
the union and employer, in a State where such agreements are permitted,
may enter into a lawful union-security
clause requiring employees to pay union dues and fees.
The NLRA forbids employers from interfering with,
restraining, or coercing employees in the exercise of rights relating
to organizing, forming, joining or assisting a labor organization for
collective bargaining purposes, or engaging in protected concerted activities,
or refraining from any such activity. Similarly, labor organizations may
not restrain or coerce employees in the exercise of these rights.
Go to http://www.nlrb.gov for more information on other rights and protections under this law
Family and Medical Leave Act
- Preserves qualified employees' positions for the duration
of the leave.
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