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CHAPTER 2: LEGAL COMPLIANCE - Coggle Diagram
CHAPTER 2: LEGAL COMPLIANCE
THE EMPLOYMENT RELATIONSHIP
Independent Contractors. Part of staffing plan is that employer may hire independent contractors. Independent contractor not legally considered as employee. Misclassification of people as independent contactors can be costly.
Temporary Employees. They do not have special legal stature and considered employees of the temporary help agency. Use of temporary employees often raise issues of joint employment.
Employer-Employee. Employer and employee negotiate and agree on the terms and conditions that define and govern their relationship. When and how relationship ends is very important.
LAWS AND REGULATIONS
Need for Laws and Regulations
Balance of Power. Involve negotiating issues of power. Employment and laws exist to reduce or limit such employer power in employment relationship.
Protection of Employees. Provide specific protections to employee that are unlikely to get for themselves in employment contract. For examples, include minimum wage, and overtime pay, as well as safety and health standards.
Protection of Employers. Provide guidance to employers as to what are permissible practices and what impermissible practices.
Sources of Law and Regulations
Common Law. Consists case-by-case decisions of the court, which determine over time permissible and impermissible practices as well as remedies.
Constitutional Law. It supersedes any other source of law or regulation.
Statutory Law. Derived from written statutes passed by legislative bodies. Legislative bodies may create, amend and eliminate law and regulations.
EEO/AA LAWS: GENERAL PROVISIONS AND ENFORCEMENT
General Provisions. Contains summary of basic provisions of laws pertaining to coverage, prohibited discrimination, and enforcement agency.
Enforcement EEOC
Disparate Treatment and Disparate Impact.
Disparate treatment claims of disparate involve allegations on intentional discrimination which employer knowingly discriminate against people
Disparate Impact focus on the effect of employment practices rather than on motive underlying them.
Initial Charge and Conciliation. Where there is an EEOC-approved fair enforcement practice (FEP) law, charge initially deferred to the state.
Enforcement: OFCCP. Enforcement mechanism used are different from the one used by EEOC. Most employees are required to develop AAPs for women and minorities.
EEO/AA LAWS: SPECIFIC STAFFING PROVISIONS
Civil Rights Acts (1964,1978, 1991)
Age Discrimination in Employment Act (1967)
Americans with Disabilities Act (1990, 2008)
Genetic Information Nondiscrimination Act (2008)
Rehabilitation Act (1973)
OTHER STAFFING LAWS
Civil Service Laws and Regulations
State and Local Laws
Federal Laws