Agency Unions FLSA Agency Law Employment law based

Agency – Unions – FLSA

Agency Law • Employment law based on “master/servant” relationship. • The “master” is responsible for the “servant”. • Vicarious liability: The imposition of liability on one party for the wrongs of another. > The employer is responsible for an employees’ actions done within the course of employment. ©SHRM 2008

Unions • Norris-La. Guardia Act (1932): > Approval granted for the formation and operation of labor unions. • National Labor Relations Act (1935): > Established procedures for collective bargaining. > Established the National Labor Relations Board (NLRB) to administer and enforce union law. ©SHRM 2008

Union Membership 1983 1930 2006 ©SHRM 2008

Union Demographics • The early years (1930 s): > Private sector industrial workers. • Contemporary members: > White-color public employee. ©SHRM 2008

Who Is Not Covered by NLRA? > Agricultural laborers. > Domestic workers employed in a home. > Workers employed by a parent or spouse. > Independent contractors. > Supervisors. > Federal, state or local government employees. > Employees of organizations subject to the Railway Labor Act. ©SHRM 2008

Fair Labor Standards Act – 1938 • • Established child labor laws. Set the minimum wage. Defined a 40 -hour workweek. Set overtime for hours worked in excess of 40 hours in a week. ©SHRM 2008

FLSA Overtime Exemptions • Non-exempt employees qualify for overtime. • Exempt employees do not qualify for overtime. > Executive > Administrative > Professional employees > Outside sales employees > Employees in certain computer-related occupations ©SHRM 2008