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Jul 10, 2012 · National Labor Relations Board - Washington, DC. 1099 14th St. N.W. Washington, DC 20570 - 0001. Learn More. Visit Website. (202) 273-1000. Updated: 07/10/2012.
Labor and Employment. Morgan & Morgan files the most employment litigation cases in the country, including those involving wrongful termination, discrimination, harassment, wage theft, employee misclassification, defamation, retaliation, denial of leave, and executive pay disputes. The workplace should be a safe place.
The General Counsel, appointed by the President to a 4-year term, is independent from the Board and is responsible for the investigation and prosecution of unfair labor practice cases and for the general supervision of the NLRB field offices in the processing of cases.
The National Labor Relations Board has 26 regional offices and is headquartered in Washington, DC. Regional offices investigate and prosecute alleged violations of the Act under the authority of the General Counsel.
Which employees are protected under the NLRA? Most employees in the private sector are covered under the NLRA. The law does not cover government employees, agricultural laborers, independent contractors, and supervisors (with limited exceptions).
The NLRB is governed by a five-person board and a General Counsel, all of whom are appointed by the President with the consent of the Senate. Board members are appointed to five-year terms and the General Counsel is appointed to a four-year term.
Examples include: Refusing to process a grievance because an employee is not a union member. Threatening an employee for filing a ULP charge. Refusing to negotiate in good faith with an agency.
Which of the following is not considered an unfair labor practice? Refusing to hire employees who are not qualified for the job.
Excluded from coverage under the NLRA are public-sector employees, agricultural and domestic workers, independent contractors, workers employed by a parent or spouse, employees of air and rail carriers covered by the Railway Labor Act, and supervisors (although supervisors that have been discriminated against for ...
UNDER THE NATIONAL LABOR RELATIONS ACT The NLRA guarantees the right of employees to organize and bargain collectively with their employers, and to engage in other protected concerted activity. Employees covered by the NLRA* are protected from certain types of employer and union misconduct.
The National Labor Relations Board is an independent federal agency that protects the rights of private sector employees to join together, with or without a union, to improve their wages and working conditions.
7 to 14 weeksTypically, a decision is made about the merits of a charge within 7 to 14 weeks, although certain cases can take much longer. During this period, the majority of charges are settled by the parties, withdrawn by the charging party, or dismissed by the Regional Director.
Board Members are appointed by the President to 5-year terms, with Senate consent, the term of one Member expiring each year.
The FLRA is the federal public sector counterpart to the National Labor Relations Board (NLRB), which governs labor relations between private sector employees and employers. The primary responsibilities of the FLRA are to: Resolve complaints of unfair labor practices (ULPs).
Relations between private-sector employers and unions, or between employers and groups of employees who bargain without a union, are governed by the National Labor Relations Act (NLRA), which is administered by the National Labor Relations Board (NLRB). The NLRB can help employees with:
Employees in the United States have the right to act together for collective bargaining purposes, either as part of a union or separately, to negotiate with their employers regarding their compensation or their working conditions. When these rights are violated, employees should understand their options for pursuing relief.
Unfair and discriminatory labor practices against employees can take many forms, including wrongful termination, discrimination, harassment, refusal to give a reasonable accommodation, denial of leave, employer retaliation, and wage and hour violations.
When workers are subjected to slurs, assaults, threats, ridicule, offensive jokes, unwelcome sexual advances, or verbal or physical conduct of a sexual nature, it can be considered workplace harassment. Similar to workplace discrimination, workplace harassment creates a hostile and abusive work environment.
This is termed wrongful termination, wrongful discharge, or wrongful dismissal. There are many scenarios that may be grounds for a wrongful termination lawsuit, including: Firing an employee out of retaliation. Discrimination.
Some examples of misclassifications include: Misclassifying a worker as an independent contractor to not have to comply with Equal Employment Opportunity Commission laws, which prevent employment discrimination.
Under the Family Medical Leave Act (FMLA), employers must offer unpaid leave time to employees with a qualifying family or individual medical situation, such as leave for the birth or adoption of a baby or leave to care for a spouse, child, or parent with a serious health condition.
Defamation is generally defined as the act of damaging the reputation of a person through slanderous (spoken) or libelous (written) comments. When defamation occurs in the workplace, it has the potential to harm team morale, create alienation, or even cause long-term damage to a worker’s career prospects.
For example, an employee may be forced to tolerate sexual harassment from a manager as a condition of their continued employment.
In order to report an unfair labor practice, an employee must file a complaint with the nearest NLRB regional office. The NLRB will then investigate the complaint and attempt to reach a settlement.
Labor laws are a broad set of laws, rules, and regulations that apply in employment settings. The main goal of these laws is to protect the rights of employees. Common labor law disputes include: Worker’s compensation. The term labor law can be almost interchangeable with the term employment law.
In Janus v. AFSCME, the Supreme Court held that a nonunion worker cannot be forced to pay fees to a public sector union.
For example, the NLRA grants employees rights including: To form a union if one does not exist; To join a union; To decline to take part in union activities; To do away with a union, if certain conditions are met; and. To be fairly represented by a union.
The goal of this law is to ensure that the rights of the employees are not violated. For example, the NLRA grants employees rights including: To form a union if one does not exist; To join a union;
An employment contract is an agreement between the employer and employee that outlines the basic responsibilities of the employee. When the employee signs in the contract, it is deemed binding. There are various types of employment contracts that employees may be required to sign. These include:
There are typically two broad categories of employees, an at-will employee or a contingent worker, such as a contract worker. Most state laws provide that employment is at will. This means that an employer can terminate an employee from a position for any reason, so long as that reason is not illegal.
Individual lawyers (also called attorneys) are experts in different areas of the law. Some attorneys specialize in a certain field of law, such as business, civil, criminal, or juvenile law. You will need to determine which type of attorney is right for your legal situation.
Keep in mind, Chapter 7 bankruptcy information stays on your credit report for 10 years. This can make it hard to get credit, buy a home, receive life insurance, or get a job. Learn more about bankruptcy, and other options for dealing with debt .
If you get hurt working for a private company or state or local government, seek help through your state. Your state workers' compensation program can help you file a claim. If your claim is denied, you can appeal.
The U.S. Department of Labor's Wage and Hour Division (WHD) administers and enforces some of the nation's most comprehensive labor laws. These include the Fair labor Standards Act (FLSA). These laws govern:
Laws that the EEOC Enforces. Federal employment discrimination laws include: The Americans with Disabilities Act (ADA) – prohibiting discrimination against workers with disabilities and mandating reasonable accommodations. The Age Discrimination in Employment Act of 1967 (ADEA) Title VII of the Civil Rights Act of 1964 (Title VII) ...
The federal minimum wage is the lowest legal hourly pay for many workers. Tipped employees may have a different wage. The minimum wage is $7.25 per hour for covered nonexempt employees . Many states and cities also have minimum wage laws. Where federal and state laws have different rates, the higher wage applies.
Businesses, state, and local governments must follow most EEOC laws if they have 15 or more employees.
If you are an employer seeking information about legal termination of employees, you may wish to contact both the Equal Employment Opportunity Commission (EEOC) and your State Labor Office to ensure you do not violate any federal or state labor laws. You may wish to consult with a licensed attorney.
Workers' compensation laws protect employees who get hurt on the job or sick from it. The laws establish workers’ comp, a form of insurance that employers pay for. These laws vary from state to state and for federal employees.