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It can be difficult to keep up with all the different laws and regulations that businesses have to comply with. When it comes to labor law, there are a few key things that you should know in order to keep your business on the right side of the law. Here’s a quick rundown of what is illegal under federal labor law.
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Introduction
The National Labor Relations Act (NLRA) is the primary Federal law governing relations between unions and employers. The NLRA was passed in 1935 as part of President Franklin Roosevelt’s New Deal legislation and it has been amended several times since then.
The NLRA applies to most private sector employers, regardless of whether they have unionized workers. However, the NLRA does not apply to Federal, state, or local government employers, or to private sector employers who are engaged in agricultural labor, railroad or air carrier work, airline work, or fishing.
Under the NLRA, it is illegal for an employer to:
– interfere with, restrain, or coerce employees in the exercise of their rights to form a union and bargain collectively
– discriminate against employees who engage in union activity
– refuse to bargain in good faith with a union that represents the employer’s employees
The National Labor Relations Act
The National Labor Relations Act of 1935 (29 U.S.C.A. ch. 7) is a federal law that protects the rights of both employees and employers. The act outlaws unfair labor practices, which are usually violations committed by employers or unions against employees, and governs the rules for governing unionization and collective bargaining.
The Fair Labor Standards Act
The Fair Labor Standards Act (FLSA) is a federal law that establishes minimum wage, overtime pay, recordkeeping, and child labor standards affecting full-time and part-time workers in the private sector and in Federal, State, and local governments.
The Occupational Safety and Health Act
The Occupational Safety and Health Act is a federal law that regulates the workplace environment and conditions in order to protect employees from potential hazards. The law covers a wide range of topics, including safety standards, employer reporting requirements, and worker training programs.
The Family and Medical Leave Act
The Family and Medical Leave Act is a federal law that protects employees who need to take leave for certain medical reasons. The law also provides employees with job security, so that they can return to their job after taking leave.
The Employee Retirement Income Security Act
The Employee Retirement Income Security Act (ERISA) is a set of federal laws that govern private employee pension and health plans. ERISA does not cover plans sponsored by government organizations or churches.
ERISA sets standards for how these plans must be run, including:
-How plan assets can be invested
-How plan expenses can be paid
-How plan participants can get information about the plan
ERISA also requires that these plans provide certain protections for employees, including:
-The right to continue participating in the plan if they leave their job (vesting)
-The right to receive benefits from the plan if they become disabled
-The right to have their benefits paid out to them when they retire
Conclusion
In conclusion, it is important to remember that there are a number of activities which are considered to be illegal under federal labor law. These activities include things like threatening or coercing employees, discriminating against employees, and retaliating against employees who have filed a complaint. If you are accused of any of these activities, it is important to seek legal assistance as soon as possible.
