Module 3.3C: Legal Requirements Flashcards
What is the Fair Labor Standards Act (FLSA)?
The Fair Labor Standards Act (FLSA) is federal legislation that outlines requirements and regulations related to employee compensation
Requires organizations to pay nonexempt employees to attend trainings and other learning and development activities unless four specific conditions apply.
Organizations are not required to pay employees to attend trainings if:
- the training occurs outside of the employee’s normal work hours;
- attendance at the training is completely voluntary;
- the training activity is not directly related to the employee’s job; and
- no other work is performed during the training.
What is compliance training?
Training employees on company policies, regulations, and laws applicable to their job
What is Sexual Harassment?
In accordance with Title VII of the Civil Rights Act, employers must make a reasonable effort to prevent and correct sexual harassment at work
An organization may be held liable for sexual harassment even if it is unaware of the behavior.
As a result, providing sexual harassment prevention trainings that clearly outline company policy, procedures, and legal ramifications are imperative.
What is OSHA?
Occupational Safety and Health Act (OSHA) is a federal regulation that requires employers to protect employee health and safety.
Organizations must train all employees on the emergency plan and all safety-related areas for their job.
Safety procedure trainings may include, but are not limited to, hazards, personal protective equipment, chemicals, and equipment used on the job.
What is Data Privacy?
The Privacy Act (1974) gives people the right to know what data is collected about them, how it is used, stored, and if it is shared
Data collected may only be used for the reason it was collected.
Organizations may also choose to adhere to guidelines outlined in the EU-US Privacy Shield Framework and the US-Swiss Safe Harbor Program.
These frameworks aim to protect data privacy across borders.
What is Discrimination?
Unlawful to discriminate against a protected class as part of the initial process, benefits and compensation offerings, access to training opportunities, and any other terms of employment.
Prudent for organizations to provide regular discrimination prevention trainings for all employees.
What is Employee/Industrial Relations?
3 federal acts:
National Labor Relations Act: Protects worker rights
Labor-Management Relations Act: Protects business rights
Labor-Management Reporting and Disclosure Act: Regulates internal union operations
All management and supervisors should be trained on these labor laws to understand the legal aspects of the union relationship.
What are California State Laws?
Organizations with 50 or more employees required to provide supervisory employees minimum of 2 hours of sexual harassment training every 2 years.
New supervisors must be trained within 6 months of becoming supervisor.
Any employee hired less than 6 months must receive training within 100 hours worked or 30 calendar days of hire
What are Connecticut State Laws?
All employers - public and private with 50 ore more employees must provide at least 2 hours of sexual harassment prevention training to all supervisors
What are Maine State Laws?
Organizations with 15 or more employees required to conduct sexual harassment education and training program for all new employees. Training needs to take place within 1 year of hire
A junior-level engineering employee chooses to attend a user conference outside of their normal working hours for a new software package the company just adopted
No
A financial analyst attends evening classes, paid for by their employer, to earn their MBA
No
A graphic designer at an advertising firm volunteers to attend a stress management seminar offered by their employer during business hours through the slow season.
Yes
A supervisor of a team of five full-time employees at an insurance company in Hartford, CT, attends a mandatory sexual harassment training on their day off.
No
A customer service representative who works the after-hours graveyard shift at a call center attends a voluntary training on stress management. The training is held at 10 AM on a Tuesday during the company’s standard business hours.
No
