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Chapter 12 • Workplace Legal Matters Succeeding in the World of Work Laws About the Laws About the Workplace Workplace 12.1 SECTION OPENER / CLOSER INSERT BOOK COVER ART Section 12.1 Laws About the Workplace

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Page 1: Chapter 12 Workplace Legal MattersSucceeding in the World of Work Laws About the Workplace 12.1 SECTION OPENER / CLOSER INSERT BOOK COVER ART Section 12.1

Chapter 12 • Workplace Legal Matters Succeeding in the World of Work

Laws About the WorkplaceLaws About the Workplace12.1

SECTION OPENER / CLOSERINSERT BOOK COVER ART

Section 12.1Section 12.1Laws About the WorkplaceLaws About the Workplace

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Chapter 12 • Workplace Legal Matters Succeeding in the World of Work

Laws About the WorkplaceLaws About the Workplace12.1

WHAT YOU’LL LEARN

How labor laws and organizations How labor laws and organizations affect the workplaceaffect the workplace

The ways in which The ways in which antidiscrimination laws protect antidiscrimination laws protect workers workers

continued

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Chapter 12 • Workplace Legal Matters Succeeding in the World of Work

Laws About the WorkplaceLaws About the Workplace12.1

WHAT YOU’LL LEARN

How to recognize sexual How to recognize sexual harassment and take action harassment and take action against it against it

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Chapter 12 • Workplace Legal Matters Succeeding in the World of Work

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All employees deserve fair All employees deserve fair treatment and equal rights treatment and equal rights on the job. on the job.

WHY IT’S IMPORTANT

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minimum wageminimum wagecompensatory timecompensatory timecollective bargainingcollective bargainingdiscriminationdiscriminationaffirmative actionaffirmative actionsexual harassment sexual harassment

KEY TERMS

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Chapter 12 • Workplace Legal Matters Succeeding in the World of Work

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Labor laws are designed to protect you Labor laws are designed to protect you from unfair treatment on the job.from unfair treatment on the job.

It is important that you understand your It is important that you understand your rights and responsibilities concerning rights and responsibilities concerning labor laws.labor laws.

Labor LawsLabor Laws Labor LawsLabor Laws

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Chapter 12 • Workplace Legal Matters Succeeding in the World of Work

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In 1938, the federal government passed In 1938, the federal government passed the Fair Labor Standards Act (FLSA).the Fair Labor Standards Act (FLSA).

This act established a minimum wage.This act established a minimum wage.

Labor LawsLabor Laws Labor LawsLabor Laws

continued

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Chapter 12 • Workplace Legal Matters Succeeding in the World of Work

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Minimum wageMinimum wage is the lowest hourly is the lowest hourly wage that an employer can legally pay wage that an employer can legally pay for a worker’s services.for a worker’s services.

Labor LawsLabor Laws Labor LawsLabor Laws

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Chapter 12 • Workplace Legal Matters Succeeding in the World of Work

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The FLSA set the 40-hour workweek The FLSA set the 40-hour workweek and created the practice of overtime.and created the practice of overtime.

When they work overtime, workers may When they work overtime, workers may receive compensatory time (paid time off receive compensatory time (paid time off from work) instead of overtime pay. from work) instead of overtime pay.

Labor LawsLabor Laws Labor LawsLabor Laws

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Chapter 12 • Workplace Legal Matters Succeeding in the World of Work

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Child labor laws are another product of Child labor laws are another product of the FLSA.the FLSA.

The FLSA set the minimum age for The FLSA set the minimum age for factory workers at 16.factory workers at 16.

Labor LawsLabor Laws Labor LawsLabor Laws

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Chapter 12 • Workplace Legal Matters Succeeding in the World of Work

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The Wagner Act of 1935 (also called the The Wagner Act of 1935 (also called the National Labor Relations Act) made it National Labor Relations Act) made it legal to organize labor unions and legal to organize labor unions and engage in union activity.engage in union activity.

The Organization of Labor UnionsThe Organization of Labor Unions The Organization of Labor UnionsThe Organization of Labor Unions

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The Wagner Act established the The Wagner Act established the National Labor Relations Board (NLRB).National Labor Relations Board (NLRB).

The NLRB is an independent judicial The NLRB is an independent judicial agency.agency.

The Organization of Labor UnionsThe Organization of Labor Unions The Organization of Labor UnionsThe Organization of Labor Unions

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The NLRB is responsible for determining The NLRB is responsible for determining whether workers wish to be unionized.whether workers wish to be unionized.

It also investigates charges of unfair It also investigates charges of unfair labor practices.labor practices.

The Organization of Labor UnionsThe Organization of Labor Unions The Organization of Labor UnionsThe Organization of Labor Unions

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Labor unions represent workers in their Labor unions represent workers in their dealings with employers.dealings with employers.

Unions negotiate with employers Unions negotiate with employers through collective bargaining.through collective bargaining.

Representing WorkersRepresenting WorkersRepresenting WorkersRepresenting Workers

continued

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Collective bargainingCollective bargaining uses the power uses the power of numbers (the many workers in a of numbers (the many workers in a union) to negotiate for better wages, union) to negotiate for better wages, increased benefits, better working increased benefits, better working conditions, and other job improvements.conditions, and other job improvements.

Representing WorkersRepresenting WorkersRepresenting WorkersRepresenting Workers

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If a union cannot reach an agreement If a union cannot reach an agreement with company management, it may use with company management, it may use its most powerful toolits most powerful tool—a —a strikestrike..

When workers strike, they stop working When workers strike, they stop working in an effort to force an employer to agree in an effort to force an employer to agree to the union’s terms.to the union’s terms.

Representing WorkersRepresenting WorkersRepresenting WorkersRepresenting Workers

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A A labor contractlabor contract is a legal agreement is a legal agreement between the union and an employer.between the union and an employer.

It specifies wages, work hours, working It specifies wages, work hours, working conditions, benefits, and grievance conditions, benefits, and grievance procedures.procedures.

Representing WorkersRepresenting WorkersRepresenting WorkersRepresenting Workers

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If you join a union, you will be asked to If you join a union, you will be asked to pay an initiation fee and regular dues.pay an initiation fee and regular dues.

Unions at WorkUnions at WorkUnions at WorkUnions at Work

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Consider these factors before joining a Consider these factors before joining a union:union:

Unions at WorkUnions at WorkUnions at WorkUnions at Work

the cost of membership,the cost of membership,the union’s track record, andthe union’s track record, andthe benefits provided to members.the benefits provided to members.

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State laws provide for unemployment State laws provide for unemployment insurance to help workers cope with the insurance to help workers cope with the loss of a job.loss of a job.

Unemployment insurance provides Unemployment insurance provides temporary funds to help you get back on temporary funds to help you get back on your feet.your feet.

Unemployment insuranceUnemployment insuranceUnemployment insuranceUnemployment insurance

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The Family and Medical Leave Act of The Family and Medical Leave Act of 1993 allows employees at companies 1993 allows employees at companies with more than 50 employees to take up with more than 50 employees to take up to 12 weeks of leave for family or to 12 weeks of leave for family or personal medical care or for the birth or personal medical care or for the birth or adoption of a child.adoption of a child.

Unemployment InsuranceUnemployment InsuranceUnemployment InsuranceUnemployment Insurance

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The Immigration Reform and Control Act The Immigration Reform and Control Act of 1990 makes it very difficult for illegal of 1990 makes it very difficult for illegal immigrants to find work.immigrants to find work.

Businesses can face huge fines if they Businesses can face huge fines if they break this law.break this law.

Drawing the LineDrawing the LineDrawing the LineDrawing the Line

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DiscriminationDiscrimination is unequal treatment is unequal treatment based on such factors as race, religion, based on such factors as race, religion, nationality, gender, age, or physical nationality, gender, age, or physical appearance.appearance.

DiscriminationDiscrimination DiscriminationDiscrimination

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The Civil Rights Act of 1964 bans The Civil Rights Act of 1964 bans discrimination in employment based on discrimination in employment based on race, color, religion, or gender.race, color, religion, or gender.

Major Antidiscrimination LawsMajor Antidiscrimination Laws Major Antidiscrimination LawsMajor Antidiscrimination Laws

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The Age Discrimination Act of 1967 The Age Discrimination Act of 1967 makes it illegal to discriminate against makes it illegal to discriminate against people over age 40 in hiring, promoting, people over age 40 in hiring, promoting, or firing employees.or firing employees.

Major Antidiscrimination LawsMajor Antidiscrimination Laws Major Antidiscrimination LawsMajor Antidiscrimination Laws

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Chapter 12 • Workplace Legal Matters Succeeding in the World of Work

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The Rehabilitation Act of 1973 and the The Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990 Americans with Disabilities Act of 1990 protect the right of individuals with protect the right of individuals with disabilities such as blindness, visual or disabilities such as blindness, visual or hearing impairments, mental illness, or hearing impairments, mental illness, or paralysis.paralysis.

Major Antidiscrimination LawsMajor Antidiscrimination Laws Major Antidiscrimination LawsMajor Antidiscrimination Laws

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Some employers are allowed to hire Some employers are allowed to hire people of a selected age, appearance, people of a selected age, appearance, or gender if this is necessary for the job.or gender if this is necessary for the job.

Models and actors, for example, may Models and actors, for example, may need to be a particular age or gender.need to be a particular age or gender.

Major Antidiscrimination LawsMajor Antidiscrimination Laws Major Antidiscrimination LawsMajor Antidiscrimination Laws

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Affirmative actionAffirmative action is action to give a is action to give a fair chance to those who have suffered fair chance to those who have suffered discrimination in the past. discrimination in the past.

Major Antidiscrimination LawsMajor Antidiscrimination Laws Major Antidiscrimination LawsMajor Antidiscrimination Laws

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Sometimes, affirmative action plans set Sometimes, affirmative action plans set numerical goals for the hiring of ethnic numerical goals for the hiring of ethnic minorities, women, or people with minorities, women, or people with disabilities.disabilities.

Major Antidiscrimination LawsMajor Antidiscrimination Laws Major Antidiscrimination LawsMajor Antidiscrimination Laws

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The Equal Pay Act of 1963 requires The Equal Pay Act of 1963 requires equal pay for equal work, regardless of equal pay for equal work, regardless of who you are.who you are.

Equal Rights on the JobEqual Rights on the JobEqual Rights on the JobEqual Rights on the Job

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Chapter 12 • Workplace Legal Matters Succeeding in the World of Work

Laws About the WorkplaceLaws About the Workplace12.1 Graphic OrganizerGraphic Organizer12.1

Chapter 12 • Workplace Legal Matters Succeeding in the World of Work

Labor and WagesLabor and Wages

Legalized UnionsLegalized Unions

Unemployment InsuranceUnemployment Insurance

DiscriminationDiscrimination

Fair Labor Standards ActEqual Pay Act

Fair Labor Standards ActEqual Pay Act

Wagner ActWagner Act

Family and Medical Leave ActFamily and Medical Leave Act

Civil Rights ActAge Discrimination Act

Rehabilitation ActAmericans with Disabilities Act

Civil Rights ActAge Discrimination Act

Rehabilitation ActAmericans with Disabilities Act

Labor LawsLabor LawsLabor LawsLabor Laws

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SSexual harassmentexual harassment is any unwelcome is any unwelcome behavior of a sexual nature.behavior of a sexual nature.

Sexual HarassmentSexual Harassment Sexual HarassmentSexual Harassment

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SSexual harassment may include:exual harassment may include:

Sexual HarassmentSexual Harassment Sexual HarassmentSexual Harassment

jokes,jokes,gestures,gestures,repeated or threatening requests for repeated or threatening requests for dates, anddates, andunwanted touching.unwanted touching.

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If you are the victim of sexual If you are the victim of sexual harassment:harassment:

Sexual HarassmentSexual Harassment Sexual HarassmentSexual Harassment

Immediately tell the person to stop. Immediately tell the person to stop. Be clear and direct with your request. Be clear and direct with your request. Don’t assume it will stop if you ignore it.Don’t assume it will stop if you ignore it.

continued

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Write down what happened, noting the Write down what happened, noting the date, time, and place. Include the date, time, and place. Include the names of any witnesses.names of any witnesses.Inform a trusted supervisor or human Inform a trusted supervisor or human resource officer of the incident.resource officer of the incident.

Sexual HarassmentSexual Harassment Sexual HarassmentSexual Harassment

continued

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If the issue is not resolved within your If the issue is not resolved within your company, inform your local human company, inform your local human rights office or the office of the U.S rights office or the office of the U.S Equal Employment Opportunity Equal Employment Opportunity Commission.Commission.

Sexual HarassmentSexual Harassment Sexual HarassmentSexual Harassment

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Know your rights.Know your rights.Voice any legal concerns immediately to Voice any legal concerns immediately to protect yourself.protect yourself.Support others who are fighting legal Support others who are fighting legal battles, but don’t take on their battle as battles, but don’t take on their battle as your own.your own.

CAREER CHECKLISTCAREER CHECKLISTWhen Protecting Your Legal Interests…When Protecting Your Legal Interests…

continued

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Investigate all of your options before Investigate all of your options before threatening legal action.threatening legal action.Avoid denialAvoid denial—if an uncomfortable —if an uncomfortable situation seems to violate your rights, it situation seems to violate your rights, it probably does!probably does!

CAREER CHECKLISTCAREER CHECKLISTWhen Protecting Your Legal Interests…When Protecting Your Legal Interests…

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Chapter 12 • Workplace Legal Matters Succeeding in the World of Work

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Key Concept CheckpointKey Concept CheckpointComprehensionComprehension

1.1. Describe one law that is designed to Describe one law that is designed to establish and maintain fairness in the establish and maintain fairness in the workplace.workplace.

continued

SECTION 12.1 REVIEWSECTION 12.1 REVIEW

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Key Concept CheckpointKey Concept CheckpointComprehensionComprehension

2.2. How do employers benefit from hiring How do employers benefit from hiring people over 40?people over 40?

continued

SECTION 12.1 REVIEWSECTION 12.1 REVIEW

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Key Concept CheckpointKey Concept CheckpointComprehensionComprehension

3.3. How does sexual harassment create How does sexual harassment create problems in the workplace?problems in the workplace?

continued

SECTION 12.1 REVIEWSECTION 12.1 REVIEW

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Key Concept CheckpointKey Concept CheckpointCritical ThinkingCritical Thinking

4.4. What actions would you take if you What actions would you take if you felt you were being discriminated felt you were being discriminated against on the job?against on the job?

SECTION 12.1 REVIEWSECTION 12.1 REVIEW

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SECTION OPENER / CLOSERINSERT BOOK COVER ART

End of Section 12.1End of Section 12.1Laws About the WorkplaceLaws About the Workplace