Necessary Laws For Compliance Week 2

Necessary Laws for Compliance
There are several laws that all HR representatives must understand and follow in order to be
compliant. They include:
 Americans with Disabilities Act

 Equal Pay Act
 Fair Labor Standards Act
 Family and Medical Leave Act
 Occupational Safety and Health Act (OSHA)
 Title VII of the Civil Rights Act
Types of Compliance
AIHR explains that there are four types of compliance within the HR field:
Contractual compliance: Contractual compliance addresses the terms and regulations that
bind an organization in a contractual relationship. This contract can be between the
organization and their employees, with partner organizations, etc.
Regulatory compliance: Regulatory compliance requires an organization to follow the rules

of a specific regulatory body. There are three classifications for these regulatory bodies:
independent regulatory commissions, such as the Federal Trade Commission, executive
agencies, such as the United States Environmental Protection Agency, and government
corporations, such as The Center for Disease Control and Prevention.
Statutory compliance: Statutory compliance involves implementing and adhering to

government legislation about employment in the workplace. Statutory compliance concerns
issues such as minimum wage laws, working age requirements, and anti-discrimination laws.
Statutory compliance is similar to regulatory compliance, and they often overlap within
HR.
Union law compliance: If your organization operates with union workers, the organization
must be aware of and adhere to the rules set up by the union.
Examples of Compliance
Compliance means adhering to all applicable labor laws, such as OSHA, the Americans with
Disabilities Act, the Equal Pay Act, and more. HR is responsible for ensuring compliance
within an organization. Compliance is an ongoing task that should be taken seriously. The
following are examples of compliance in any organization, regardless of industry, according
to ADP.
Background Checks
Background checks should be conducted only after a conditional offer has been made to a
candidate. Someone other than the hiring manager should complete the background check. Be
aware that some cities and states, such as California, Colorado, Hawaii, New Mexico,
Washington, and others, have “Ban the Box” laws that prohibit employers from inquiring
about a candidate’s criminal history prior to a specific stage in the hiring process.
Correctly Classifying Employees
It is necessary to classify, or distinguish, employees from independent contractors. IRS Form

SS-8, Determination of Worker Status for Purposes of Federal Employment Taxes and
Income Tax Withholding is a good resource. It’s also important to determine if employees are
exempt or non-exempt from the Fair Labor Standards Act. Non-exempt employees will be
entitled to minimum wage and overtime.
Equal Pay
It is essential to abide by the Equal Pay Act. Gender pay gaps can develop,
unintentionally,over time due to recruitment, transfers, and promotions. Regular pay audits
can help prevent these gaps.
Final Wages
Most states have laws that address how and when to pay final wages to an employee who is
no longer employed by the organization. You must be familiar with the laws in your area.
You should also update your records to prevent overpayment.
For example, employers in Colorado are required to make an employee’s final wage upon
the next scheduled payday, no matter the reason for the employee’s departure.
Interviewing
While interviewing potential candidates, avoid asking questions that reveal protected
characteristics, pry into a candidate’s personal life, or disclose information unrelated to the
job. These types of questions can offend a potential employee and expose the organization to
employment discrimination lawsuits. Instead, job interview questions should allow
candidates to demonstrate their abilities. If a candidate reveals a disability and makes a
reasonable request for accommodations, it is illegal to refuse to hire them on the basis of their
disability or the accommodation.
Job Listings
When creating job ads, do not use language that indicates preference for a candidate based on
protected information or characteristics, such as race, color, religion, sex, national origin, etc.
Leave of Absence Policies and Processes
Employees may need to take a leave of absence. Under the Family and Medical Leave Act, or
FMLA, employees are granted up to 12 weeks of unpaid leave for a number of reasons,
including childbirth or adoption,, family illness, and more. HR must balance compliance with
FMLA laws and the organization’s productivity. Ensure your policies and processes follow
all necessary regulations.
New Hire Reports

Organizations are required to notify their designated state agency within 20 days of hiring a
new employee. Some states or cities require even quicker reporting, so be aware of the laws
in your area. One specific reason for this reporting is related to child support agencies. These
agencies rely on the records in the National Directory of New Hires to locate individuals who
may owe child support. Failure to notify the state agency of new hires can result in fines for
noncompliance.
Payroll and Taxes
Not only does ensuring that employees are paid accurately and on time maintain workforce
morale, it also helps the organization avoid wage claims. HR professionals must calculate
payroll taxes and file them with the correct government agencies. Failure to do so risks audits
or fines for the organization. Payroll and taxes can be conducted by an organization’s staff or
a payroll service. Payroll services automate the calculations, tax deductions, and payments
which can improve accuracy and compliance and save time.
Training and Orientation
Orientation is the first step to acquaint new hires with an organization’s operations, policies,
and code of conduct. Clear expectations lower the risk for employee misconduct. Employees
who understand an organization’s expectations for appropriate behavior and how to report
harassment and other incidents can lower the organization’s risk for lawsuits. Altogether,
training can help organizations achieve compliance.
Transparency
Transparency with employees is essential in building trust. Openly communicating issues and
changes is an important element of compliance because it addresses challenges immediately.
Secure Documents
All documents for employees and job candidates must be stored appropriately and should
only be accessible by authorized individuals within the organization, such as the HR
manager.
Workers’ Compensation
When job-site accidents happen, it is essential to follow OSHA’s rules about reporting
incidents. Insist that employees report workplace accidents immediately and instruct
managers on the proper method to submit claims. You can also implement safety programs
and training to prevent avoidable injuries.
Workplace Conflicts
Unfortunately, employee conflicts are inevitable. Mishandled exits, such as failing to conduct
an exit interview, can hurt employee morale. Terminating an employee during a confrontation
can lead to a wrongful termination lawsuit. Mitigate workplace conflicts by regularly
requesting employee feedback and acting on it quickly. Doing so can address or eliminate
workplace issues before they result in a conflict or resignation.
Conclusion
As an HR professional, you will be responsible for ensuring compliance in your organization.

There are many ways an organization can achieve compliance, including following laws,
being transparent, and implementing training programs. Not only do these actions lessen your
chances of lawsuits and fines, but they also boost employee morale and make your
organization more desirable to potential applicants.
Overview of Laws Relating to HR Functions

This reading provides an overview of the laws and regulations that govern the relationship
between employees and employers. By studying these specific laws, you will gain a deeper
understanding of the legal aspects of the HR field.
Laws
This reading will cover several key laws related to HR functions, including:
 The Sherman Antitrust Act
 The Clayton Antitrust Act
 The Railway Labor Act
 The Norris-LaGuardia Act
 The National Labor Relations Act
 The Fair Labor Standards Act
 The Labor Management Relations Act
 The Worker Adjustment and Retraining Notification Act
These laws have evolved, each building upon the previous ones, to enhance employee
protection in various aspects of the employment relationship.
Sherman Antitrust Act

The Sherman Antitrust Act, created in 1890, intended to prevent the restriction of free trade by
organizations. Originally designed to control the monopolistic behaviors of big business trusts,
the courts broadened the reach of the Sherman Act to include labor union strikes and boycotts.
This interpretation held that the Act's prohibition of "restraint of commerce" also applied to labor-
related actions. Consequently, the Sherman Act became the inaugural federal law to
substantially impact organized labor, granting the authority to employ legal injunctions to cease
strikes and boycotts.
Clayton Antitrust Act

The Clayton Antitrust Act, enacted in 1914, focused on labor unions and their relationship to
antitrust laws. It aimed to provide exemptions for labor unions and allowed injunctions to be used
to stop strikes, but only if there was a genuine risk of property damage.
Railway Labor Act

The Railway Labor Act aimed to avoid trade and transportation disruptions resulting from strikes
in the railroad and airline sectors. Employees in these industries must pursue alternative dispute-
resolution methods before going on strike. If a strike severely impacts trade and transportation,
the U.S. president can declare a national state of emergency, compelling striking employees to
return to work for 90 days.
Norris-LaGuardia Act
In 1932, the Norris-LaGuardia Act was put into effect. This Act safeguarded the right of
employees to unionize. Additionally, the Act prohibited employers from compelling workers to
sign contracts prohibiting union membership and interfering with peaceful union activities.
National Labor Relations Act

The National Labor Relations Act (NLRA), enacted in 1935, protects workers' rights to form
unions, engage in collective bargaining, and participate in collective activities. It outlines and
prohibits unfair labor practices, incorporates confidential voting in union elections, establishes the
National Labor Relations Board (NLRB), and enforces compliance with the NLRA.
Fair Labor Standards Act

In 1938, significant labor reforms were introduced through the Fair Labor Standards Act. This
legislation set forth several key provisions, including establishing a minimum wage, regulations
on maximum weekly working hours, and the requirement for overtime pay in industries involved
in interstate commerce. Additionally, the Act explicitly prohibited child labor for individuals under
16. These measures aimed to improve working conditions and protect workers' rights in the
United States.
Labor Management Relations Act

The Taft-Hartley Act, passed in 1947 as the Labor-Management Relations Act, aimed to address
unfair labor practices in union activities. It protected the rights of employees by stating that they
cannot be forced to join unions or participate in union-related actions. Additionally, it prohibited
unions from discriminating against non-union colleagues and imposing unreasonably high
membership dues. The Act sought to establish a balanced and fair environment in labor-
management relations, ensuring employee and union rights protection.
Worker Adjustment and Retraining Notification Act

The Worker Adjustment and Retraining Notification Act (WARN) was enacted in 1988. It requires
larger employers to provide advance notice to their workers during mass layoffs or plant closings.
The Act applies to employers with 100 or more full-time employees or 100 or more employees
who work a combined 4,000 or more hours per week. Employers covered by the WARN Act must
provide a 60-day notice to employees or their union before implementing a mass layoff or closing
a plant. The act aims to give affected employees sufficient time to prepare for job loss and
explore alternative employment options.
Conclusion
In conclusion, this reading provided an overview of key laws and regulations that govern the
relationship between employees and employers in the legal world. By understanding these laws,
HR professionals can navigate the legal aspects of their field more effectively, enhance
employee protection, and establish a fair balance in labor-management relations. HR
professionals should familiarize themselves with these laws to ensure compliance and uphold the
rights of both employees and employers.
Executive Orders
Executive Orders
Federal Executive Orders, or EOs, help organizations and HR professionals navigate compliance
and risk management by establishing guidelines for fair and inclusive workplace practices.
Executive orders are issued by the president of the United States. They are formal declarations
of federal government policy. An executive order has the force of law, but it may be overturned
by the federal courts or by a subsequent president.
Executive Orders Related to

Employment and Workplace
Discrimination
There are multiple executive orders that address discrimination in the workplace and hiring. This
reading will explore a few specific executive orders and their functions, including benefits and
examples.
Executive Order 11246
In 1965, President Lyndon Johnson issued Executive Order 11246 to stop workplace
discrimination. The order prohibited federal contractors with annual contracts exceeding $10,000
from engaging in employment discrimination. It mandated that these contractors actively promote
equal employment opportunities, regardless of race, creed, color, or national origin, for job
applicants as well as employees.
Additionally, the executive order required contractors with more than 50 employees or contracts
worth more than $50,000 per year to file written affirmative action plans with the Office of Federal
Contract Compliance Programs (OFCCP). It effectively established the principle of affirmative
action as a part of federal employment law.
For example, if an organization has two equally qualified candidates for a position, and the
candidates are of different races, they cannot take race into consideration when making the final
hiring decision.
EO 11375, also issued by President Lyndon Johnson in 1967, expanded the scope of Executive
Order 11246 by adding "sex" as a protected class alongside race, creed, color, and national
origin. This amendment ensured that federal contractors were prohibited from discriminating
against employees based on sex, emphasizing equal treatment for all employees.
For example, if an HR team offers leadership training programs to men, it must also provide the
same opportunity to women, ensuring equal access to career development.
President Richard Nixon issued Executive Order 11478 in 1969, focusing on the federal civilian
workforce. This order includes jobs in the federal Civil Service, the U.S. Postal Service, and
civilian armed forces employees. The order required all departments and agencies of the Federal
Government to create and maintain a program of equal employment opportunity for all civilian
employees and applicants. This made it illegal for employers to discriminate against employees
based on their race, color, religion, sex, national origin, disability, and age—for employees over
40 years old.
EO 13087, issued by President Bill Clinton in 1998, marked a significant milestone by making it
illegal to discriminate against individuals based on their sexual orientation. It is a further
Amendment to Executive order 11478. If one candidate is openly homosexual, while the other is
heterosexual, the organization must evaluate both candidates solely based on their skills,
qualifications, and performance, without considering their sexual orientation.
EO 13152, issued by President Clinton in 2000, made discrimination based on parental status
unlawful. According to the order, “status as a parent” refers to a person who has a biological
child, an adopted child, a foster child, is a stepparent, has a legal ward, is in loco parentis over
an individual, or is actively seeking legal custody or adoption of an individual. If an organization
rejects a single parent because they assume the applicant will have more responsibilities outside
of work, it would be in violation of EO 13152.
EO 13279, issued by President George W. Bush in 2002, introduced an exemption for religious
or community organizations from specific requirements of EO 11246 (mentioned above).
Organizations can claim this exemption based on their religious beliefs or organizational
structure. This executive order aimed to balance religious freedom and anti-discrimination
measures while promoting fairness and inclusivity in federal contracting practices.
Conclusion
Executive orders help organizations and HR professionals navigate compliance and risk
management by establishing guidelines for fair and inclusive workplace practices. As an HR
employee, it is critical to know about and follow these executive order guidelines.
ou now have an understanding of the types of laws and

regulations that guide HR professionals in the workplace.
Let's continue by exploring equal employment opportunities.
Equal employment opportunity, or EEO, refers to legislation and
policies that require all employees to be treated equally regardless of race,
national origin, age, religion, or sex.
Remember the Title VII of the Civil Rights Act of 1964?
As discussed in an earlier video,
this act established the Equal Employment Opportunity Commission, the EEOC, and
is responsible for administering equal employment opportunity legislation.
Let's go over a few key concepts related to equal employment opportunity that we
will delve into throughout this week.
Illegal discrimination refers to unfair and unjust treatment based on
characteristics such as race, gender, or disability, which is prohibited by law.
Imagine an employee with a physical disability performs their duties well with
reasonable accommodations, but experiences mistreatment from their supervisor.
When the employee requests wheelchair access to specific workplace areas,
their supervisor denies the request.
The supervisor also creates a hostile work environment with derogatory comments
about their disability.
In this case, the supervisor's actions amount to illegal discrimination based
on disability, and the employee has the right to file a complaint.
Protected classes refer to groups of people legally protected from harm or
harassment by laws, practices, and policies that discriminate against
them due to a shared characteristic such as race, gender, age,
disability, or sexual orientation.
Both US federal and state laws protect these groups.
For example, if an employer uses discriminatory hiring practices by
consistently rejecting black applicants despite having the qualifications for
the various roles.
The employer's actions violate federal and
state laws that protect individuals from race based discrimination.
Disparate treatment occurs when an employer treats an employee unfairly
compared to other employees based on their characteristics,
especially concerning protected classes.
Suppose an employer regularly denies promotions to qualified LGBTQI+ employees,
despite their excellent performance reviews and qualifications.
However, the employer promotes heterosexual employees with similar
performances and qualifications.
This unfair treatment is disparate based on sexual orientation and gender identity.
Disparate impact occurs when a policy or practice unintentionally has
a disproportionately negative effect on a protected class,
even if it appears unintentional.
If an organization hires more men than women as construction workers due to their
physical size, height, or strength,
this negatively affects women's opportunities in the field.
Bona fide occupational qualifications are specific job requirements necessary for
a particular role, even if they may seem discriminatory.
To be defined as legal or bona fide, the qualifications should relate to
the business's necessary operations and the position's essential job functions.
For example, airline pilots are required to retire by a certain age.
This job requirement enables airlines to prioritize safety and
operational efficiency.
The four-fifth rule is a guideline used to analyze potential employment
discrimination.
It states that if the selection rate for a particular group is less
than four-fifths or 80% of the selection rate for
the group with the highest selection rate, there is a potential disparate impact.
Suppose a company is hiring for an account manager role.
Two groups apply for the role, applicants without disabilities and
applicants with disabilities.
Out of 100 applicants without disabilities, 65 are selected,
which equals a 65% selection rate.
Out of 100 applicants with disabilities, only 35 are selected,
which equals a 35% selection rate.
According to the four-fifths rule,
the selection rate suggests potential employment discrimination and
disparate impact against applicants with disabilities.
The McDonnell-Douglas test is a principle used to determine if discrimination
occurred in the workplace.
It requires an employee to provide evidence of discrimination and
the employer to provide evidence that the action was taken for
non-discriminatory reasons.
Suppose an employee interviews for a promotion.
The employee believes the employer did not hire them for
the role due to their religion.
The employee gathers evidence supporting their employment discrimination claim,
including proof of their religion,
an email stating their unsuccessful interview.
And proof that the employer promoted an employee with the same experience,
skills and qualifications.
The employer, in turn, must provide a legitimate reason for
not promoting the employee, such as poor performance.
If the employer offers a legitimate reason,
the employee must prove that the reason was an excuse for discrimination.
Understanding these key concepts will guide you as you learn about workplace
compliance and the principles of equal employment opportunity.
Whether intentional or
not, discrimination can significantly impact employees and an organization.
Understanding discrimination and analyzing the causes are crucial for
creating fair and inclusive environments.
In this video, we will define discrimination and
explore several methods organizations can use to identify it.
Let's get started.
When discriminatory practices occur systematically,
they can be particularly harmful.
Systemic discrimination refers to the pattern and practice of treating employees
in an unfair way, rather than singular isolated incidences of unfair treatment.
It can occur during various stages, such as hiring, training, and promoting.
As a result of systemic discrimination and its effects,
the Equal Employment Opportunity Commission, the EEOC, recognizes and
addresses systemic discrimination as a priority.
Proving discriminatory practices can be challenging.
However, there are three analyses that organizations can use to examine their
workforces for unintentional discrimination.
Let's explore these analyses.
Cohort analysis is a method that helps determine if discrimination has occurred
by comparing how a person or
group is treated compared to others in a similar situation.
For example, if a group of employees feels they were terminated unfairly,
they can claim it was due to discrimination.
They must show that others in similar roles were not terminated to prove
their claim.
If none of their colleagues who do the same work were terminated,
it suggests the termination may have been discriminatory.
However, if employees in similar positions were also terminated,
it indicates that discrimination may not have been the cause.
An availability analysis examines how many individuals from protected classes,
such as minorities, women, and people with disabilities, qualify for employment.
To be eligible for employment, a person must have the necessary skills and
qualifications for the job.
They should live in the local area and
be willing to work in the geographic location of the business.
As an example, the Office of Federal Contract Compliance Programs, the OFCCP,
an agency of the US Department of labor, requires an availability analysis for
employees who are federal contractors or subcontractors.
An impact ratio analysis assesses if protected groups of employees from
an organization are represented fairly compared to the overall labor force.
If a small percentage of an organization's employees belong to protected groups,
it could indicate possible discrimination against those employees.
If the analysis indicates that specific jobs have either too many or
too few individuals from protected classes, those jobs
are identified as focused job areas and are considered potential problems.
As with availability analysis, the OFCCP also requires impact ratio analysis for
employees who are federal contractors or subcontractors.
Play video starting at :3:7 and follow transcript3:07
Using techniques like cohort analysis, availability analysis, and impact ratio
analysis, organizations can identify potential instances of discrimination and
help HR professionals take appropriate actions to address them.
These methods directly support organizations in prioritizing fairness and
compliance throughout their high hiring and training processes.
EDI, DEI, and DNI,

are terms you might be familiar with,
and they are often used
interchangeably to refer to the same concept.
They represent an organization's commitment to equality,
diversity, and inclusion in the workforce.
In this video, we will explore two approaches
that aim to achieve equality in the workplace.
Equal employment opportunity, or EEO,
and equity, diversity and inclusion, or EDI initiatives.
Equal Employment Opportunity is
a legal framework that mandates
equal treatment and nondiscrimination
in the workplace regarding hiring,
promotion, compensation,
training, and other employment opportunities.
EEO ensures that individuals are
judged based on their merits and qualifications,
and it requires organizations to comply with
law to maintain fairness and equal access.
In addition to legal compliance,
organizations must fulfill EEO reporting obligations,
which include a demographic summary
of an organization's workforce to
regulatory bodies such as
the Equal Employment Opportunity Commission or EEOC.
It's important to note that until recently the law
did not require diversity and inclusion initiatives.
However, Executive Order Number 13583,
which was passed in 2011,
requires all federal agencies to
develop diversity and inclusion plans,
highlighting the growing importance of
diversity and inclusion in the workplace.
While EEO sets the foundation for equity,
EDI Initiatives build upon these legal requirements.
EDI initiatives aim to create
a workplace culture that celebrates diversity,
promotes inclusion, and embraces different perspectives.
Let's review a few examples of
EDI initiative set complement EEO efforts.
Diversity recruitment programs actively
seek out candidates from underrepresented groups to
increase the diversity of
the candidate pool and
address biases in the hiring process.
Another initiative is implicit bias training
for employees and hiring managers.
Implicit bias training raises awareness of
unconscious bias and strategies for fair decision-making.
Employee resource groups, or
ERGs are another common initiative.
ERGs represent
diverse demographic or affinity groups
within an organization.
The aim is to provide support, foster inclusivity,
and actively contribute to
organizational decision-making.
Failure to comply with EEO policies or implement
EDI initiatives can lead to
a workforce where employees
share similar characteristics,
such as race, gender, age, or background.
This homogeneity often leads to a lack of diversity or
representation of different perspectives and experiences.
The EEOC has identified risk factors
associated with a lack of
diversity within an organization.
For example, employees in
the majority may feel uncomfortable with
employees in the underrepresented groups
because of perceived differences.
This discomfort caused by factors such as language,
customs or dress may then result
in exclusion of those from underrepresented groups.
It is necessary to facilitate diversity and
inclusion to mitigate risk within an organization.
Some organizations choose to
combine diversity training and
harassment prevention training to further promote
a culture of mutual acceptance,
respect, and understanding.
Both EEO and ETI initiatives aimed to create a workplace
where underrepresented groups are
included and have equal employment opportunities.
As HR professionals, it's essential to ensure
legal compliance while actively
promoting an inclusive workplace.
Embracing EDI principles not only benefits individuals,
but also contributes to
the overall success of an organization.
Laws and Regulations: EEOs

Laws and Regulations for Equal Employment Opportunity
Equal Employment Opportunity (EEO) laws and policies ensure fair treatment for all employees
regardless of their characteristics. This reading will provide an overview of key EEO laws that
have shaped equal employment opportunities. Let's explore the laws and court cases that
promote fairness in the workplace.
Types of Laws in Place for Equal Employment Opportunity

Equal Employment Opportunity (EEO) encompasses laws and policies that mandate equal
treatment for all employees, regardless of race, national origin, age, religion, or sex. The
different laws in place for Equal Employment Opportunity include:
 Rehabilitation Act
 Vietnam Era Veterans' Readjustment Assistance Act (VEVRAA)
 Immigration Reform and Control Act (IRCA)
 Glass Ceiling Act
 Uniformed Services Employment and Reemployment Rights Act (USERRA)
These regulations ensure that no employee faces discrimination based on these protected
characteristics.
Rehabilitation Act
Enacted in 1973, the Rehabilitation Act aimed to combat workplace discrimination targeting
individuals with disabilities. Its employment provisions primarily pertain to federal agencies and
contractors with annual federal contracts exceeding $10,000. The Act grants the Equal
Employment Opportunity Commission (EEOC) authority to address discrimination claims against
federal agencies. In cases of alleged discrimination by a federal contractor, individuals with
disabilities can file complaints with the Department of Labor via the Office of Federal Contract
Compliance Programs (OFCCP).
Vietnam Era Veterans' Readjustment Assistance Act

(VEVRAA)
The Vietnam Era Veterans' Readjustment Assistance Act (VERVAA), enacted in 1974, extended
employment protections to Vietnam-era veterans, disabled veterans, and other protected groups.
This Act applies to federal contractors with contracts surpassing $25,000 annually (later raised to
$100,000 per year), prohibiting discrimination against these veterans and requiring contractors to
implement affirmative action initiatives to promote their inclusion in employment opportunities.
Immigration Reform and Control Act (IRCA)

The Immigration Reform and Control Act (IRCA) of 1986 prohibits nationality-based hiring and
requires employers to verify work authorization using the I-9 form. It also makes it illegal for
companies to knowingly hire individuals who lack legal permission to work in the U.S.
Glass Ceiling Act

Next, the Glass Ceiling Act created a commission to investigate and recognize the obstacles
hindering the advancement of women and minorities into senior management roles. The
commission discovered that individuals belonging to protected classes often face significant
challenges or even insurmountable barriers when trying to progress to senior management
positions within certain organizations. These barriers encompass a range of factors, including
governmental, societal, and internal structural obstacles within the organization itself.
Uniformed Services Employment and

Reemployment Rights Act (USERRA)
Finally, the Uniformed Services Employment and Reemployment Rights Act (USERRA), enacted
in 1994, is meant to safeguard the rights of military reservists when they are called to serve in the
armed forces. This legislation prohibits employers from engaging in discrimination based on past,
current, or future military obligations and applies to all employers, irrespective of their size. This
coverage applies to regular employees but excludes temporary workers.
In addition, USERRA mandates that employers grant leaves of absence for up to five years for
employees in the National Guard or Reserves who are summoned to active duty. Employers
must also provide leaves of absence for boot camp, annual training, weekend duty, and other
valid military obligations.
Equal Employment Opportunity Relevant Court Cases

Apart from legislative Acts, several court cases have played a significant role in shaping Equal
Employment Opportunities. Three notable cases are:
 Griggs v. Duke Power
 McDonnell-Douglas Corp. v. Green
 Albemarle Paper v. Moody
Further reading will explore these court cases and their contributions to advancing equal
employment opportunities.
Griggs v. Duke Power

The case of Griggs v. Duke Power set a precedent by recognizing that employers can still be
held accountable for unintentional discrimination. This landmark case established the legal
concept of discriminatory impact, which is also referred to as adverse impact or disparate impact.
McDonnell-Douglas Corp. v. Green

Next, in McDonnell-Douglas Corp. v. Green, it was determined that individuals making
discrimination claims against employers have the initial burden of proof. They must demonstrate
that they belong to a protected class, were qualified for the job they sought (in the context of job
applications), were rejected despite their qualifications, and that the position remained available
for new applicants after their rejection. This case established the evidentiary requirements for
complainants in discrimination cases.
Albemarle Paper v. Moody

Finally, the Albemarle Paper v. Moody case involved Black employees suing their employer and
union. It led to significant changes in equal opportunity practice and law, as the court found flaws
in the company's employment tests. Employment test validation must follow the Uniform
Guidelines on Employee Selection Procedures, and criteria should directly relate to job
requirements, not just supervisor rankings.
Conclusion
In conclusion, EEO laws and policies ensure equal treatment in the workplace regardless of
protected characteristics. The Rehabilitation Act, VEVRAA, IRCA, Glass Ceiling Act, and
USERRA are key laws promoting fairness. Court cases like Griggs v. Duke Power, McDonnell-
Douglas Corp. v. Green, and Albemarle Paper v. Moody have also shaped equal employment
opportunities. These efforts strive to foster an inclusive work environment for all.
In this video, we'll explore the process of identifying

discrimination in an organization's
compensation or hiring processes.
Let's follow Alex.
Alex is our human resource employee at Connective,
and they analyze employee demographics at Connective.
Remember, Connective is
a modern communication organization
that helps businesses stay connected, hence the name.
They specialize in helping
distributed workforces collaborate with a suite
of software tools like
video conferencing and cloud-based phone systems.
Connective has a large, fully remote workforce.
The human resource team wants to analyze
the workforce at Connective and determine
if the people working there are representative of
the communities which they operate.
To begin, Alex uses
the cohort analysis method
to review whether individuals from
under-represented groups and those
in protected classes are
being paid appropriately for
the roles and responsibilities.
Alex compares the salary data of
employees who have self-identified as
members of a protected class and
those who are not from a protected class.
Alex finds one or two potential issues that might
require additional research, but overall,
salaries appear to be
appropriately aligned and employees are
being paid based upon their responsibilities and skills.
Alex believes that Connective's effort to implement
salary bands and conduct
job evaluations has contributed to this balance.
Alex runs another cohort analysis,
this time reviewing the data on promotions.
This analysis does produce a potentially troubling trend.
The data reveals that
Connective employees who identify as women
are slightly less likely to be
promoted than those who identify as men.
This is an unexpected result.
Alex has personally manage initiative to
ensure promotions occur equitably,
but it appears there is more work to do.
Finally, Alex attempts
an availability analysis to examine
how many individuals from
protected classes qualify for employment.
Connective's remote workforce
makes this analysis complex.
Alex decides to start by reviewing
the available workforce in Denver, Colorado.
The founders of Connective
live and work in Denver and there is
a concentration of Connective employees
in the metro area.
Using data from the US Census
and the Department of Labor,
Alex reviews how many people are qualified to work with
the necessary skills and
qualifications for a few roles at Connective.
The analysis produces surprising results.
Connective's workforce has
a considerably higher percentage of workers from
protected classes than are
available to work in the Denver metro area.
Alex considers these results to be a good sign that
Connective's outreach and hiring initiatives
are working well to diversify its workforce.
That's all from Alex for now.
Analyzing data about available workers,
current workers, and the diversity of
each is an important HR skill.
As you've learned, a diverse workforce is
a healthier and more innovative workforce.
Discovering areas where discrimination might exist is
an important step in making
an organization more welcoming.
Coming up, you'll wrap up
this week's information about
affirmative action and employee relations.
In this video, we will define the concept of affirmative action in the workplace.
Let's get started.
Affirmative action is an activity designed to correct previous inequality that may
have existed for certain groups or classes of people.
Several affirmative action policies and initiatives aim to address past and
current discrimination against women,
racial and ethnic minorities, people with disabilities, and most military veterans.
Organizations committed to affirmative action policies actively seek to promote
diversity and inclusion.
Firstly, they actively recruit individuals from underrepresented groups, focusing
on marginalized communities that have faced barriers to equal opportunities.
Secondly, they work to challenge and change managerial attitudes,
such as encouraging open dialogue to build a culture of inclusivity throughout
the organization.
Additionally, they remove discriminatory barriers that
prevent underrepresented groups from advancing.
For example, revising hiring practices and promoting equal play and benefits,
help to remove discriminatory barriers from the workplace.
Furthermore, these organizations set specific goals and
establish timetables to track and measure progress toward enhancing diversity.
The presumption is that race or
gender conscious measures are necessary to overcome discriminatory practices.
However, it's important to note that hiring quotas are not allowed under EEO
laws, and affirmative action does not give preference to unqualified candidates.
Now you understand the basics of affirmative action.
Next, we will delve deeper into the various elements of affirmative action,
allowing you to gain a more comprehensive understanding of this important
workplace practice.
In this video, we will explore
three important aspects of affirmative action programs.

Utilization analyses,
goals and timetables, and action steps.
We will also discuss the arguments
for and against affirmative action.
Let's get right into it.
Organizations with more than 50 employees
who receive federal contracts totaling
$50,000 or more and are
members of the federal banking system or sell,
issue, or redeem
US savings bonds are
required to develop an affirmative action program.
Other organizations may choose to build
an affirmative action program voluntarily.
Affirmative action programs consists
of three key elements,
let's discuss each of them.
The first part of an affirmative action program
is called a utilization analysis.
This analysis compares an organization's workforce
to the available labor supply considering gender,
race, and ethnic composition.
For example, if an organization has
150 employees and only 20 are women,
and the labor supply consists of 60% men and 40% women,
it indicates that women are underrepresented.
Organizations can use various methods
to determine underutilization,
such as the any difference rule,
which requires representation to
match availability from protected classes.
Or the commonly used 80% rule,
where if a group's actual representation and falls
below 80% of the available proportion,
it indicates underutilization.
For example, if women make up
20% of the available workforce,
an organization with 100 employees should have
at least 16 women to avoid underutilization.
Once an organization has decided to
instate an affirmative action program,
the next step is to develop a set of goals that
the organization would like to achieve
and the timetable for achieving those goals.
For example, an organization might set a goal to hire
at least 10 people from
underrepresented groups in the next year,
or to increase women in
leadership positions by 30% within two years.
These goals may indicate
the underrepresented protected classes
in the workforce and
roughly how many new hires from those protected classes
would be needed to represent the labor force fairly.
However, using
strict and unchangeable quotas is against the law.
The focus is on promoting fairness and diversity rather
than setting specific numbers the organization must meet.
Finally, the organization must develop a set of
action steps to achieve its goals in the allotted time.
To reach one organization's goal of
hiring 10 people from underrepresented groups,
the organization might consider
implementing targeted recruitment strategies,
such as attending career fairs
aimed at these underrepresented groups.
Additional steps include communicating
open roles to underrepresented groups.
Recruiting from schools, largely made
up of some protected classes.
Participating in program designed to enhance
employment opportunities for underrepresented groups.
Identifying and removing
inappropriate barriers to employment.
Preferential hiring, which gives
preferential treatment to minority job candidates.
Affirmative action has become
a controversial topic and later in the lesson,
we will explore specific arguments
for and against this policy.
By considering the elements
of affirmative action programs,
organizations and HR professionals
can make informed decisions that
consider their employees and strive for
a more inclusive and equitable workforce.
Hello. There are several federal laws that

regulate how employers must approach employee relations.
In this video, you are going to be
introduced to some of those laws.
The Sherman Antitrust Act of 1890 was
the first federal law that impacted organized labor.
It was intended to prevent
organizations from inhibiting free trade.
The courts also ruled that the law apply
to labor unions, strikes and boycotts.
In 1914, those provisions were clarified and
strengthened in the Clayton Antitrust Act of 1914,.
The Railway Labor Act,
which was passed in 1926 and amended in 1936,
was intended to prevent
railroads and airlines strikes from
assaulting insignificant trade
and transportation problems.
It requires employees in these industries to seek
alternative dispute resolution methods
before creating a labor strike.
Another important federal law is
the Norris LaGuardia Act of
1932 which protects the right to unionize.
It also prevents employers from
forcing employees to sign contracts
indicating that they will not join a union and
from interfering and nonviolent union activities.
Later, in 1935,
the National Labor Relations Act
gave workers the right to organize a union,
to bargain collectively,
and to engage in collective activities.
It defines unfair labor practices,
provides for secret ballots and union boats and it
established the National Labor Relations Board, the NLRB.
One of the more well-known laws,
it's a Fair Labor Standards Act from 1938.
This Act established a minimum wage,
maximum weekly hours,
and overtime pay requirements.
It also prohibited child labor
by those under the age of 16.
The Labor Management Relations Act or
LMRA is also known as the Taft-Hartley Act from 1947.
This act identified union activities
that constitute unfair labor practices.
Finally, the Worker Adjustment
and Retraining Notification Act
or WARN from 1988,
requires larger employers to
give their workers advanced notice of
60 days and the advent of mass layoffs or plant closing.
This applies to employers with
100 or more full-time employees or
100 or more full-time and part-time employees
who work at combined 2000 or more hours per week.
Mass layoffs are defined as
either 500 employees or
33% of the organizations total workforce.
It also defines plant closings as
a permanent or temporary shutdown of a single facility.
You will learn more about these laws
and upcoming videos and reading.

There are many laws and policies that establish employee rights and employer responsibilities.
As an HR professional, you must be familiar with these laws and regulations. Failure to follow
these laws can lead to fines, loss of an organization’s reputation, loss of business, and other
negative penalties.
Because there are so many laws relating to employment, the laws sometimes overlap or conflict
with one another, especially when state laws differ from federal regulations. In situations where
laws and regulations conflict, an employer should pursue whichever action is in the employee’s
best interest. It is essential to be knowledgeable about both state and federal laws to avoid
potential issues.
The following laws and regulations are among the most common:
Americans with Disabilities Act (ADA)

The ADA protects qualified employees with disabilities and requires employers to make
accommodations for employees with disabilities. In a job description, the duties and tasks must
provide reasonable accommodations to ensure that the position can be done by people with
disabilities.
Clayton Antitrust Act

The Clayton Antitrust Act of 1914 clarified and strengthened many provisions of the Sherman
Antitrust Act (see description below), but it specifically exempted labor unions from the law's
provisions. The Clayton Antitrust Act allows the use of injunctions to stop strikes only when there
is a threat of damage to property.
Computer Fraud and Abuse Act

The Computer Fraud and Abuse Act criminalizes "intentionally access[ing] a computer without
authorization or exceed[ing] authorized access, and thereby obtaining . . . information from any
protected computer." While initially passed to combat hacking, this Act has also been used by
employers to bring charges against employees who have accessed unauthorized information on
electronic devices, systems, or networks owned by the organization.
Consolidated Omnibus Budget Reconciliation Act

(COBRA)
COBRA requires employers to extend a health care coverage purchase option for employees
and dependents after an employee is terminated, resigns, or has a reduction in their work hours.
The length of time that health care must be extended varies depending on the reason the
employee is no longer with the organization. COBRA does not require that employers offer a
health coverage purchase option to employees terminated for gross misconduct.
Consumer Credit Protection Act (CCPA)

The CCPA of 1968 established that employers may be required to withhold money from the
paychecks of employees with certain kinds of financial debts. The CCPA also provides certain
protections for employees whose wages are garnished. Employers are not allowed to terminate
employees who have their wages garnished for a single debt, and limits are placed on how much
may be garnished in any particular week.
Davis-Bacon Act
The Davis-Bacon Act was passed in 1931 and was the first federal legislation to mandate that
laborers and mechanics be paid the prevailing wage on public works projects.
Drug-Free Workplace Act

The Drug-Free Workplace Act of 1988 aims to prevent workplace accidents arising from
employee drug use. The law requires any employer that receives federal funding or has federal
contracts totaling at least $100,000 annually to establish a drug-free policy for the workplace.
Electronic Communication Privacy Act

This Electronic Communication Privacy Act, passed in 1986, makes it illegal to monitor oral or
wire-based communications unless an employer has a legitimate business need to do so or an
employee consents to be monitored.
Employee Retirement Income and Security Act

(ERISA)
ERISA provides the rules associated with employee vesting. It also outlines access to and
withdrawals from qualified retirement plans. Employer contributions are 20 percent vested after
three years of service, and vesting increases incrementally until seven years of service, when
contributions are 100 percent vested. Employees are always entitled to the contributions they
make to their pension plans.
Equal Pay Act

This Equal Pay Act, which was passed in 1963, requires that men and women in the same
workplace be given equal pay for equal work. The jobs need not be identical, but they must be
substantially equal. Job content (not job titles) determines whether jobs are substantially equal. If
there is an inequality in wages between men and women, employers may not reduce the wages
of either sex to equalize their pay.
Family and Medical Leave Act (FMLA)

The FMLA mandates that employers provide up to 12 weeks of unpaid leave to employees for
qualified circumstances. These circumstances include the birth or adoption of a child, , the care
for a seriously ill child, parent, or spouse, or care for themselves if seriously ill. Both men and
women are entitled to the same leave benefit.
Fair Labor Standards Act (FLSA)

The FLSA is also referred to as the “Wage and Hour Act.” This act regulates the wages of
workers who are paid on an hourly basis. The act requires employers to classify each employee
as either exempt or nonexempt employees. Nonexempt employees must be paid at least the
minimum wage and overtime when they are required to work more than 40 hours in a week.
Federal-State Unemployment Insurance Program

Established in 1935 as an extension of the Social Security Act, the Federal-State Unemployment
Insurance Program provides benefits to employees who have lost their employment for certain
reasons. Employees may collect a percentage of their previous income in the form of
unemployment for a limited amount of time after employment ends. The length of coverage and
the number of unemployment benefits that can be collected vary from state to state, but most
states do not permit employees to collect unemployment if they have been terminated for fault.
Employers pay a state unemployment insurance tax to support the availability of this benefit.
Health Insurance Portability and Accountability Act
(HIPPA)
HIPAA mandates that, regardless of pre-existing conditions, a worker must be able to switch to a
new job and transfer the insurance he or she had with a previous employer to a new insurance
program. HIPPA also regulates access to protected health information, which is any information
that is collected or created by an entity involved in healthcare that could be connected to a
particular patient or individual.
Immigration Reform and Control Act (IRCA)

IRCA makes it illegal for companies to base hiring decisions on a person's nationality or
citizenship—as long as that person can legally work in the United States. At the same time, it
also makes it illegal for companies knowingly to hire or recruit people who cannot work legally in
the U.S. New hires must complete the I-9 form, and employers must confirm that the employee
has the required documentation. Employers who hire undocumented workers or do not follow
recordkeeping protocols face fines. Repeated violations can result in criminal charges.
Labor Management Relations Act (LMRA)

The LMRA of 1947, also known as the Taft-Hartley Act, identified union activities that constitute
"unfair labor practices." The act stipulates that employees cannot be forced to join a union or
take part in union activities, and it forbids unions from requiring members to discriminate against
colleagues who are not members of the union. It also prohibits unions from charging members
unreasonably high membership dues.
Mental Health Parity Act

The Mental Health Parity Act of 1996 requires that insurers provide the same limits for
employees’ mental health services that they provide for other medical benefits.
National Labor Relations Act (NLRA)

The NLRA of 1935 guarantees workers the right to organize a union, to bargain collectively, and
to engage in collective activities. It defines unfair labor practices, provides for secret ballots in
union votes, and establishes the National Labor Relations Board (NLRB).
Norris-LaGuardia Act
The right to unionize was protected by the Norris-LaGuardia Act of 1932. This act also prevents
employers from forcing employees to sign contracts indicating they will not join a union (also
known as yellow dog contracts) and from interfering in nonviolent union activities.
Occupational Safety and Health Act

The Occupational Safety and Health Act protects employees who work in dangerous work
environments. This act "requires employers to provide their employees with working conditions
that are free of known dangers." The act created the Occupational Safety and Health
Administration (OSHA), which sets and enforces protective workplace safety and health
standards.
Old Age, Survivors, and Disability Insurance

Program
The Old Age, Survivors, and Disability Insurance Program was established as part of the Social
Security Act in 1935. This program offers benefits to employees who retire or become unable to
work, as well as to eligible surviving dependents if the employee dies. To support the program,
employees pay a percentage of their income to the federal government, and employers match
those contributions.
Older Worker Benefit Protection Act

The Older Worker Benefit Protection Act of 1990, an amendment to the Age Discrimination in
Employment Act of 1967, prohibits employers from discriminating against older employees within
benefit plans.
Patient Protection and Affordable Care Act (PPACA)

The PPACA is a health care reform bill that was signed in March 2010. The PPACA has many
employer implications, including requiring accommodation for breastfeeding. Most importantly,
though, it ensures that Americans have access to affordable health care. While employers are
not required to provide healthcare insurance, the law penalizes large organizations that do not
provide access to affordable "minimal essential coverage."
Pension Protection Act

The Pension Protection Act of 2006 protects employees when they are entitled to pension plans,
but those plans do not have the funds necessary to provide the promised benefits.
Portal-to-Portal Act
The Portal-to-Portal Act determined that commute time is not compensable, but that employers
must compensate workers for performing job-related tasks outside of work hours or during lunch
breaks.
Pregnancy Discrimination Act (PDA)

The Pregnancy Discrimination Act makes it illegal to discriminate against pregnant women and
also requires that employers must amend the term of employment to allow a person who goes on
maternity to return to the same job.
Railway Labor Act

Passed in 1926 and amended in 1936, the Railway Labor Act was intended to prevent railroad
and airline strikes from resulting in significant trade and transportation problems. It requires
employees in these industries to seek alternative dispute resolution methods before resorting to
a labor strike.
Retirement Equity Act
The Retirement Equity Act reduced the existing age limits restricting participation in pension
plans, provided more protections for survivors of employees entitled to pensions, and restricted
conditions that could be placed on survivor plans.
Sarbanes Oxley Act (SOX)

The Sarbanes-Oxley Act was passed in 2002 to hold senior executives responsible for the
financial practices of an organization. The SOX Act also prohibits employers from retaliating
against whistleblowers—employees who refuse to participate in or report financial misconduct or
financial conduct they reasonably believe violated federal law.
Sherman Antitrust Act

The Sherman Antitrust Act of 1890 was intended to prevent organizations from inhibiting or
restricting free trade. While it was originally meant to rein in the monopolistic practices of big-
business trusts, the courts ruled that the law's prohibition of "restraint of commerce" applied to
labor union strikes and boycotts, as well. By allowing legal injunctions to be used to stop strikes
and boycotts, the Sherman Act was the first federal law that had an impact on organized labor.
Stored Communication Act

This act, also passed as part of the Electronic Communications Privacy Act in 1986, protects the
storage of electronic communications, such as emails. In general, employers are not prohibited
from accessing communications stored on their wire or electronic communications services (for
example, employer-provided email service). Organizations should, however, announce this
policy.
Title VII of the CIvil Rights Act of 1964

This act states that it is illegal for private employers, state and local governments, and
educational institutions with 15 or more employees to discriminate in the job based on race,
color, religion, sex, or national origin. Sexual harassment also violate Title VII, according to the
Supreme Cour case Meritor Saving Bank v. Vinson. The Age Discrimination in Employment Act
makes it illegal to discriminate against anyone that is 40 or older from holding a job in a
government agency, a private enterprise with 20 or more workers, or a union with more than 25
members. Additionally, several states and municipalities have passed laws to protect against
other forms of discrimination based on personal characteristics, such as discrimination based on
sexual orientation, parental or marital status, and political affiliation.
Uniformed Services Employment and

REemployment Rights Act (USERRA)
USERRA was enacted to protect the rights of military reservists who are called to duty in the
armed forces. The law prohibits employers from discriminating based on past, current, or future
military obligations. USERRA applies to all employers, regardless of size; it covers regular
employees, but not temporary workers.
Walsh-Healey Public Contracts Act

The Walsh-Healey Public Contracts Act of 1936 protects employees working under government
contracts from working for substandard wages. It established that employees were entitled to
overtime pay, prohibited hiring children under 18 and people who have been convicted of a
crime, and required that workplaces meet safety and sanitation standards. Many of these
provisions were incorporated two years later into the Fair Labor Standards Act, which covers all
private-sector employees—not just those working for companies with federal contracts.
Worker Adjustment and Retraining Notification Act

(WARN)
The WARN Act, enacted in 1988, requires larger employers to give their workers advance notice
in the event of mass layoffs or plant closings. The Act applies to employers with 100 or more full-
time employees, or 100 or more full- and part-time employees who work a combined 4,000 or
more hours per week. It requires an employer to provide 60 days' notice to employees or their
union before going through with a mass layoff or plant closing.
When creating training material,

trainers need to ensure they are following federal copyright and patent laws.
The two most relevant federal statutes are the Copyright Act of 1976 and
the US Patent Act.
In this video, you will explore legal copyright and patents.
Copyright is a legal right to publish, reproduce, or
perform form a literary, artistic or musical work.
In most cases, the copyright belongs to the author or their heirs.
In such cases, the copyright lasts for the life of the author plus 70 years.
The owner of the copyright is the only person who can authorize people to use
the material in most cases, and they may charge a fee for the right to do so.
Once the copyright has expired,
anyone can use the material without permission, which is called public domain.
The exception to the copyright rule involves authors who were hired and
paid to produce original works.
These exceptions are known as work-for-hire exceptions.
One such exception is for
full time employees who are paid to produce the original work.
In that circumstance, the employer who paid for the work is the copyright owner.
The other work-for-hire exception involves freelancers who were commissioned to
produce original work.
The person who commissioned and paid for the work is the copyright owner.
Work-for-hire copyright lasts for 95 years from the first date of publication or
120 years from the date of creation, whichever is shorter.
Federal government employees who create original work as a part of their jobs
are also in the public domain.
Some works that were published before January 1 1978 without any
notice of copyright, or between January 1 1978 and
March 1 1989 are also in the public domain.
The fair use doctrine is the last exception to copyright protections.
The fair use doctrine limits the amount of copyrighted work that can be used without
permission under certain circumstances.
This is typically when the work will be used for commentary,
criticism, news reporting, or educational activities.
It often applies to brief quotations or
passages from a work used in a journalistic or academic context.
A patent is similar to a copyright in that it grants rights to one person or
organization.
But a patent is specifically used for an invention and granted by the government.
The inventor has exclusive rights to use or sell invention for a set time.
People who use or sell the invention without permission can be sued.
There are three types of patents, utility, design, and plant patents.
Utility patents are also known as patents for inventions.
They apply to the invention of what the US Patent Office calls a new and
useful process machine, manufacture or composition of matter, or a new and
useful improvement thereof.
This accounts for roughly 90% of recently issued patents from the past 20 years.
Design patents apply to what the Patent Office describes as new, original and
ornamental design embodied in or applied to an article of manufacture.
Design patents issued before May 30, 2015, last for 14 years.
Design patents issued after May 13, 2015, last for 15 years.
Plant patents are given to people who develop, discover or
invent new varieties of asexually reproduced plants,
and they last for 20 years.
To review, copyright laws provide the legal right to publish,
reproduce or perform a literary, artistic or musical work.
A patent is a license granted by the government to an inventor,
which gives the inventor right to use or sell an invention for a set time.
When HR decides to implement training, they need to make sure the materials used
in the training do not infringe upon either copyright or patent loss.
As an HR professional,
you will need to understand how to navigate in a union environment.
Because unions have a great amount of influence on certain sectors of
the economy and the workforce.
In this video, we are going to discuss unions and labor relations.
Two important laws associated with labor relations
are the National Labor Relations Act of 1935, or NLRA, and the Taft-Hartley Act.
The NLRA guarantees workers the right to organize a union,
to bargain collectively, and to engage in collective activities.
It also defines unfair labor practices, provides for a secret ballot and
union votes, and it established a National Labor Relations Board.
The National Labor Relations Board is responsible for
ensuring compliance with the NLRA.
Next, the Taft-Hartley Act is also known as the Labor Management Relations Act,
or LMRA of 1947.
This act identifies union activities that constitute unfair labor practices.
Employees cannot be forced to join a union or take part in union activities.
It also forbids unions from requiring members to discriminate against
non-union colleagues.
Finally, it prohibits unions from charging unreasonably high membership dues.
It is critical to understand that all employees should be treated equally and
fairly, receive clear communication.
And earn rewards and punishments regardless of whether or
not they belong to labor unions.
For those who work in a unionized environment, behaviors are closely
monitored by contractual agreements and volumes of labor laws.
If an employer fails to follow those contracts and agreements,
it is likely that conflict, expense, and diversion of management will occur.
Along with employee energy being taken away from activities that are designed
to help an organization succeed.
Some employers look to prevent their employees from unionizing for
a variety of reasons.
The best way to protect against unionization is to create a positive
work environment where employees feel as if they are welcome,
treated fairly appreciated, and are recognized for their achievements.
In a positive work environment, employees feel more open to communicating
with management, which in turn creates a sense of trust and mutual respect.
In such cases, employees are less likely to feel it is necessary to protect their
interests through unionization.
It is also important to understand that there is not a lot an employer can do if
employees decide to unionize, it is employees right to do so.
Employers cannot threaten to interrogate employees to exert control over
the unionization process.
Likewise, employers should not spy on employees or make promises contingent on
employees not entering a union, doing so is considered unfair labor practice.
However, employers do have a right to communicate
with employees about their desires and reasons for considering unionization.
Employers can also prohibit solicitation by union representatives on company
property.
But only if solicitation is prohibited in all cases,
not just in the case of union representatives.
It is ultimately up to employees to unionize or not, and
they have the right to do so.
However, employers can lessen the likelihood of employee unionization by
creating a positive and trusting environment full of mutual respect.
Previously, you learned about unions and labor relations.

Most importantly, you learned that you must treat
all employees equally whether they are unionized or not.
Now, you are going to discover the four types of unions.
Local, national, federation and international.
Local unions are unions that represent employees in
a single organization or for a group of organizations.
This type of union is localized
such as in a city or town.
Next, we have national unions.
A national union represents employees across
the United States and is made up of
a collection of participating locally unions.
There are also federations.
A federation is a type of union
that is composed of a collection of
national unions representing
employees and related industries.
The final type of union is an international union.
International unions
represent employees in multiple countries.
Union employees have the ability to decertify
the union if they're unhappy
with how the union is performing.
For example, if the union is not
representing the views or desires of employees,
if employees want to be represented by
a different union or if employees
no longer want to be unionized they
can go through the decertification process.
Decertification is possible once a union
has been certified and operating for at least 12 months.
The decertification process begins by obtaining
petition signatures of at least 30 percent of employees.
The next step is review by
the National Labor Relations Board or the NLRB.
The NLRB will conduct a vote.
If at least 50 percent of
employees vote for decertification,
then the union will no longer
represent employees in the organization.
Similarly, union deauthorization is
an election that decides
whether to keep or remove
a union security clause from an existing contract.
A security clause requires all employees to be members of
the union or at least to pay
the union for representing
them through collective bargaining.
A security clause is usually
negotiated by the union during contract bargaining.
But it can be removed by
a deauthorization election at
any point during the life of the contract.
Just as with decertification,
at least 30 percent of employees must vote for
deauthorization before it can be presented to the NLRB.
From there, at least 50 percent
of employees must vote for
deauthorization for the security
clause to be deemed null and void.
A yellow dog contract is an agreement by an employee
to abstain from union membership or activities.
According to Cornell Law School,
this type of agreement is
between an employer and an employee,
often as a precondition to being hired.
It's important to understand
that this type of contract is
illegal and viewed as being harmful to public welfare.
The Norris La Guardia Act
discussed further in other lessons,
grants workers the right to form
unions without employer interference.
Another activity related to unions are strikes.
Cornell Law School defines a strike as
an organized or intentional stoppage or slowdown
of work by employees and tending to make
the employer comply with the demands of the employees.
For example, striking workers may seek higher pay,
better benefits, or safer working conditions.
The National Labor Relations Act
protects workers rights to
strike and outlines the permissions
and restrictions for a strike.
Employers including HR professionals and managers cannot
participate in
either the deauthorization or decertification process.
Doing so could make the organization
vulnerable to an unfair labor practice charge.
To review, the four types of unions are local,
national, federations and international.
Each type of union represents
different types of organizations.
If employees are not happy with their union,
they can go through a decertification process
to change or eliminate the union.
Or if they no longer wish to have a security clause,
they can go through a deauthorization process.
Coming up, you will learn about laws and
regulations and compensation and benefits.
This video will be a refresher on content covered in earlier courses.

We will review legal and regulatory rules surrounding pay and
benefits, specifically, we will go over FLSA,
equal and fair pay, health insurance, Medicare, and more.
First, the Fair Labor Standards Act, or FLSA, sets basic minimum wage and overtime
pay standards for nonexempt employees and regulates the employment of minors.
As of 2023, the federal minimum wage is $7.25 per hour.
If a state has their own minimum wage requirement,
employees will be paid whichever one is higher.
The FLSA also requires employers to pay most hourly employees overtime,
also known as time and half if they work more than 40 hours in a week.
Overtime pay is 1.5 times the base rate for each additional hour worked.
Finally, the FLSA specifies that employers do not have to pay
overtime pay to exempt employees.
The Equal Pay Act and the Fair Pay Act are federal laws that prevent pay
discrimination based on gender for equal work.
The jobs in question do not need to be identical, but
they must be substantially equal, which is determined by job content.
Pay includes base pay, bonuses, overtime hours,
performance-based benefits, sick pay, pension access, and severance pay.
If pay is found to be different between men and women of equal jobs,
employers are not allowed to reduce the wages of either sex to equalize their pay.
There are also local, state, and federal laws and regulations regarding benefits.
Employers are legally obligated to provide access to health insurance for
employees and their families.
Employers are also responsible for Medicare and
Social Security contributions.
In addition, employers must provide workers compensation insurance,
which mitigates economic hardships that might result from disability,
workplace injury, and loss of employment.
Finally, employers are required to offer family and medical leave,
which allows employees to take up to 12 weeks of unpaid leave for
events such as having a child, adopting a child, the need to care for
a seriously ill child, parent or spouse, or they themselves are ill.
The federal laws regarding pay covered here are the Fair Labor Standards Act,
the Equal Pay Act, and the Fair Pay Act.
These regulate laws about minimum wage, overtime pay, and
equal pay based on gender.
There are also federal laws that require employers to offer benefits,
such as health insurance to all employees, and
they must also contribute to Medicare and Social Security.
As an HR professional, you will be required to know and
understand these laws because you will work with them daily.
Overview: Employee Relations Compliance and Risk

Management
Employee Relations Compliance and Risk Management
Overview
One of the most crucial components of being an HR professional is understanding compliance
and risk management. Being both compliant and understanding of your organization’s risks can
save valuable time, money, and resources. There are several elements that go into compliance
and risk management, including copyright and patents, unions laws and labor relations, as well
as laws and regulations about compensation and benefits.
Copyright and Patents

One of an HR professional’s jobs is to make sure that training material is both practical and
valuable. With that, it is essential to comply with patent and copyright laws. The most relevant
federal statutes are the Copyright Act of 1976 and the U.S. Patent Act. Infringing upon either of
these acts can result in penalties such as imprisonment, significant fines, and civil judgements.
Copyright Laws
Copyright is the legal right to publish, reproduce, or perform a literary, artistic, or musical work.
Typically, the copyright belongs to the author of the work or their heirs, and it lasts for the life of
the author, plus 70 years. Only the owner of the copyright is allowed to authorize others to use
the material, and they may charge a fee to do so. Once the copyright has expired, it passes into
the public domain, and anyone can use the material without permission.
Patent Laws
A patent is a license granted by the government to an inventor, which gives the inventor the
exclusive right to sell an invention for a set time. There are three main types of patents defined
and issued by the U.S. Patent Office:
 Utility patent: this patent applies to the invention of “a new and useful process, machine,
manufacture, or composition of matter, or a new and useful improvement thereof.” These
patents encompass roughly 90 percent of patents issued in the past 20 years. Utility
patents are generally granted for 20 years.
 Design patent: a design patent applies to “new, original, and ornamental design embodied
in or applied to an article of manufacture.” If issued after May 13, 2015, the patent lasts
for 15 years. Patents issued before May 13, 2015 last for 14 years.
 Plant Patent: a plant patent is granted to anyone who develops, discovers, or invents new
varieties of asexually reproduced plants. They last for 20 years.
Unions
Unions have a great influence in certain sectors of the economy and the workforce. It is essential
to understand the laws regarding unions and how to form positive relationships with them. There
are four types of unions:
 Local Unions: represent employees from a single organization or a group of organization
in a localized area
 National unions: represent employees or from across the United States
 Federation: a collection of national unions representing employees in related industries
 International unions: represent employees in multiple countries
Laws Relating to Unions

There are two important laws associated with labor relations and unions. These laws are the
National Labor Relations Act of 1935, or NLRA, and the Taft-Hartley Act. The National Labor
Relations Act guarantees workers the right to organize a union, to bargain collectively, and to
engage in collective activities. The Taft-Hartley Act is also known as the Labor Management
Relations Act, or LMRA, of 1947. This act identifies union activities that constitute “unfair labor
practices.” It also stipulates that employees cannot be forced to join a union or take part in union
activities.
Union and Labor Relations

The key to working with unionized employees is to understand that all employees, whether they
are members of the union or not, deserve to be treated fairly and equally. In organizations that
are unionized, behaviors are closely monitored by contractual agreements and volumes of labor
laws. Failure to follow the contracts and agreements can result in conflict, expense, and diversion
of management. It can also cause employee energy to be taken away from activities that are
designed to help an organization succeed.
Unionization is a potential risk for an organization. However, ensuring a positive work

environment where employees feel respected, appreciated, and recognized is a good way to
mitigate the risk. In a workplace of mutual respect and trust, employees are significantly less
likely to feel the necessity to protect their interests through unionization.
Compensation and Benefits Laws and Regulations

One of the key aspects in compliance is ensuring that legal and regulatory rules surrounding pay
and benefits are strictly enforced. The essential laws regarding compensation are the Fair Labor
Standards Act (FLSA) and the Equal Pay Act. There are also local, state, and federal laws and
regulations regarding benefits and compensation that must be followed.
Fair Labor Standards Act: The FLSA sets a basic minimum wage and overtime pay standards for
exempt and nonexempt employees. Federal minimum wage is $7.25 per hour. Some states have
their own minimum wage requirement. In these locations, employees are paid whichever is
higher of the state or federal rates. Overtime pay is required for nonexempt employees who work
more than 40 hours in a week. Overtime pay is 1.5 times the base rate for each additional hour
worked.
Equal Pay Act and the Fair Pay Act: These laws prevent pay discrimination based on gender for
equal jobs, which is determined by job content, not job title. In these laws, pay includes base pay,
bonuses, overtime hours, performance-based benefits, sick pay, pension access, and severance
pay.
Local, State, and Federal Laws: According to local, state, and federal laws, employers are
obligated to provide or offer the following to employees:
 Access to health insurance for employees and their families
 Medicare and Social Security contributions
 Workers’ compensation insurance
 Unpaid family and medical leave for up to 12 weeks
Conclusion
In order to ensure compliance and mitigate risk management, employers are required to follow
various laws and regulations. HR managers play an essential role in this process, so it is
important to understand the laws and regulations surrounding copyright and patents, unions, and
compensation and benefits.

Necessary Laws For Compliance Week 2

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Necessary Laws For Compliance Week 2

Uploaded by

Copyright:

Available Formats

Necessary Laws for Compliance

 Americans with Disabilities Act

Regulatory compliance: Regulatory compliance requires an organization to follow the rules

Statutory compliance: Statutory compliance involves implementing and adhering to

It is necessary to classify, or distinguish, employees from independent contractors. IRS Form

Leave of Absence Policies and Processes

New Hire Reports

Payroll and Taxes

Training and Orientation

As an HR professional, you will be responsible for ensuring compliance in your organization.

Overview of Laws Relating to HR Functions

 The Sherman Antitrust Act

 The Clayton Antitrust Act

 The Railway Labor Act

 The Norris-LaGuardia Act

 The National Labor Relations Act

 The Fair Labor Standards Act

 The Labor Management Relations Act

 The Worker Adjustment and Retraining Notification Act

Sherman Antitrust Act

Clayton Antitrust Act

Railway Labor Act

National Labor Relations Act

Fair Labor Standards Act

Labor Management Relations Act

Worker Adjustment and Retraining Notification Act

Executive Orders Related to

Executive Order 11246

Executive Order 11375

Executive Order 11478

Executive Order 13087

Executive Order 13152

Executive Order 13279

ou now have an understanding of the types of laws and

EDI, DEI, and DNI,

Laws and Regulations: EEOs

Types of Laws in Place for Equal Employment Opportunity

 Vietnam Era Veterans' Readjustment Assistance Act (VEVRAA)

 Immigration Reform and Control Act (IRCA)

 Glass Ceiling Act

 Uniformed Services Employment and Reemployment Rights Act (USERRA)

Vietnam Era Veterans' Readjustment Assistance Act

Immigration Reform and Control Act (IRCA)

Glass Ceiling Act

Uniformed Services Employment and

Equal Employment Opportunity Relevant Court Cases

 Griggs v. Duke Power

 McDonnell-Douglas Corp. v. Green

 Albemarle Paper v. Moody

Griggs v. Duke Power

McDonnell-Douglas Corp. v. Green

Albemarle Paper v. Moody

In this video, we'll explore the process of identifying

In this video, we will explore

three important aspects of affirmative action programs.

Hello. There are several federal laws that

Overview of Laws Relating to HR Functions

Americans with Disabilities Act (ADA)

Clayton Antitrust Act

Computer Fraud and Abuse Act

Consolidated Omnibus Budget Reconciliation Act

Consumer Credit Protection Act (CCPA)

Drug-Free Workplace Act