I for the most part concur with the choice and the adjusting of hobbies the NLRB endeavored to fulfill. On one hand, the manager might actually have reports or data that are exclusive and/or in need of security of abuse. Then again the union needs different reports and data to enough speak to the investments of its participation. The opposite of this is, obviously, that administration may get to be excessively defensive of archives and data and the union may misuse its entitlement to demand such data with the end goal of bedeviling administration into an unjustifiable work hone. In this way, importance of the data looked for ought to be the manual for the necessity for generation alongside the preference the arrival of data may cause administration. The choice is likewise amazing for the commence that it requested the gatherings to basically create their own concurrence on adjusting these investments.…
HUMAN RESOURCES MANAGEMENT FEDERAL & CALIFORNIA EMPLOYMENT LAW COMPARISON – February, 2013 FEDERAL Americans with Disabilities Act (ADA) (1990) & ADA Amendments Act (ADAAA) (2008) CALIFORNIA Fair Employment and Housing Act (FEHA) DIFFERENCES FEHA is stricter than ADA: applies to employers with 5+ employees and requires “reasonable accommodation” for persons with disabilities (CA disabled is defined as “limited” in one or more of major life activities rather than “substantially limited” as required under ADA) State law takes precedence – differences in age group work, IWC minimum wage, overtime, etc. CA employers with 2 employees or more vs. 20 or more for the Federal; extends coverage to 36 months for those laid off and not eligible for insurance coverage after 18 mos. Expansion of whistleblower (WB) protections under SOX by including the creation of SEC and Commodities Futures Trading Commission (CFTC) whistleblower programs. WB can be awarded a share of sanctions that exceed $1MM and retaliation claim actions can go directly to federal district court. State law is almost identical to Federal, but applies only to persons or businesses contracting with CA. CA Appeals Ct. ruled – employers are within rights in refusing to hire an applicant who tests positive to marijuana, despite CA law permitting doctor prescribed medical marijuana. State law also prohibits retaliation for employee who refuses to submit to polygraph test. CA law provides stricter notification and disclosure requirements than federal law when employers are seeking to obtain background information (CC §1786) and credit reports (CC §1785) on job applicants and employees. (AB22 – 1/1/12) prohibits employers, except managers and certain financial and other positions, from getting and getting and using credit reports on job applicants and employees. To protect individuals from ID theft, allows annual free credit reports and other ID protections. Also, all employment records that contain personal…
Data protection Act 1999- this act covers all information about the individuals by an employer. This means it controls all personal information used by an organisation, government or business and anyone who is in charge of keeping data's must abide by the data protection principle (Anon., n.d.). This principle covers but computerised and manual records.…
1. DePeters, Co. is sued for sex discrimination on the grounds that too few women are hired because fewer women than men achieve passing scores on a required manual dexterity and physical strength test. DePeters, Co. offers in its defense that even though fewer women score high enough on the test, a greater percentage of the passing women are hired. The company maintains that, as a result, the percentage of women in the workforce mirrors the percentage of available women in the labor pool. A group of women who took the test and failed file suit. Explain the basis for the cause of action, and analyze the merits of the cause of action, employer defenses, and likely outcome. Support your response with applicable law.…
There has to be rules and protection for workers, owners of businesses and factories have never given anything to the workers without being forced to, shorter hours, paid holidays, proper safety protection, rising the age a child can be employed. All these above have to be legislated for the owners to obey the laws. It also helps us the employer and the employee.…
The Fourth Amendment protects three distinct rights. They are liberty, property and privacy. Taking into consideration along with research and survey, I believe that each of these rights are equally important. Together they provide for a complete and well-rounded way of life. Without liberty, our lives would be limited to what the establishment would allow and therefore, what privacy could we have without the right of choice. Property would have no value without the liberty to use it as I desire.…
The declaration of rights and grievances of the colonies was a document made up by the first congress of the American colonies in opposition to the tyrannical acts of the british parliament. The document gives light on the stamp act from the colonies perspective, it was drawn up by representatives from 9 of the American colonies, a group that would be known as the stamp act congress. The Stamp act made it so colonists had to buy and affix to all sorts of printed matter, it was used as a way to raise money for the british government through the colonies. The document consists on 13 grievances the congress had with the stamp act, a major point being that the mother country had no right to force a tax on the colonies when the colonies were not…
Labor Unions usually stand for employees in several industries. These Unions can be of existence in the form of manufacture’s unions, public service unions or even professional service unions. The main objectives for the formation of these unions are usually to fight for the general rights of the employees they represent. This is carried out by protecting their employee terms, regulations of existing employment opportunities and advocate for favorable working conditions and good wages for the workers. In the modern world, labor unions have become more globalized in the sense that they can now deal with even more advanced issues affecting workers internationally. On this note, I am strongly in the support of labor unions.…
“In the United States, due process refers to a set of established legal principles, derived from the Constitution, that seek to protect the rights of citizens.” Inga Johannsen was put in a situation in which she was discriminated invidiously. Citizens of the United States were treated unequally, ending in a very unfair result for Johannsen. The study that was found in Utopia was said to be too new to be fully evaluated, meaning, Inga should not have been fired until at least further evidence of this study was said to be accurate, if anything. If the situation was different, for example, Inga had just been hired by the school district; the results may not have been such discrimination towards her personally. However, being said that she has been working for four years and 364 days, the scenario is 100% unfair and self-discriminating.…
Although divorce has always been a part of American culture, it has skyrocketed in the last few decades, reaching an all time high of 50% of all marriages ending in separation. Our culture has changed its view on divorce throughout the years and now accepts divorce in society. In the past, divorce was forbidden. People did not discuss the issue as openly as we do today. In the past, divorce was never shown in the media and was looked down on. Today’s culture has shaped divorce into a more positive decision and has made it relatively easy to file for a separation. With all the hype about marriage and living the American dream, I often wonder what has influenced such an increase in the divorce rate over the last…
To begin with, one must review the state law to determine both employer and employee rights. This case occurred in Ohio, and after reviewing the state law, it is determined that employers are in fact protected from defamation lawsuits unless one of the following occurs. First, the protection is available unless the employer intentionally discloses information knowing that it was false before the disclosure. Second, if the employer deliberately intended to mislead the prospective employer by disclosing false information, which was conducted in bad faith, with malicious purpose, the protection is lost. Next, to dissect the facts of this case, Mr. Black was an employee of Usher Transport, in which was a previous employer that was contacted when…
In my opinion, the argument of union is more persuasive than company because obviously the company had violated the act and although Larry Melton does not work for the company any more but he was presented for company at that time. Larry was a manager of the company; therefore his actions or speeches were present for the voice of company. Hence they can’t deny that they are not guilty.…
Article 3(1) of the Industrial Relations Ordinance, 2002 violates the International Labor Standards or not?…
With the development of economic and society, there is more and more serious of the phenomenon of the asymmetry of power between employer and employee. The Marxism has a lot of contents which are very significant in the modern society, however, the theory on industrial relations in Marxism is the core in Marxist political economics, which is very essential between the employer and employee and give a great help for employees as well. For the Marxism, while upholding the basic tenets of Marxism, we must add new chapters of theory to it. While carrying forward the revolutionary tradition, we must acquire new experience. That explains why we must always uphold the basic tenets of Marxism. When we know this well and use these theory in practice, then we can solve the asymmetry of power between employer and employee. In this essay, first of all, I will introduce the definition of the industrial relations which is very important at the beginning, next I will explain the theory on industrial relations in Marxism, after that, I will state the UK’s industrial relations, then I will give the five ways solve the asymmetry of power between employer and employee with the Marxism theory, finally, I will show the conclusion of the essay.…
You have the right to refuse to work if you have reasonable cause to believe that:…