Only $35.99/year

Federal Laws That Apply to Employee and Labor Relations

Terms in this set (53)

This legislation requires some employers to maintain a drug-free workplace. Employee compliance must be assured by subject employers.

Provisions and Protections

This law applies to federal contractors and all organizations receiving grants from the federal government. If you are covered, you are required to assure that all the employees working on the contract or grant are in compliance with its drug-free requirements. Covered employers are required to have a drug-free policy that applies to its employees. In order to determine that an employer is in compliance with the requirements, drug testing is usually performed on employees and applicants who have received a job offer. Random drug testing is also used in some organizations to assure employees subject to the law or policy are continuing to comply with the requirements. Any federal contractor under the jurisdiction of the Office of Federal Contract Compliance Programs (OFCCP) in the Department of Labor must comply with this legislation.

Employee notification about the policy must include information about the consequences of failing a drug test. Whenever an employee has been convicted of a criminal drug violation in the workplace, the employer must notify the contracting or granting agency within 10 days.

Recordkeeping Requirements

Covered employers are required to publish a written policy statement that clearly covers all employees or just those employees who are associated with the federal contract or grant. Each covered employee must be given a copy of the policy statement, and it is a good idea, although it is not required, to have employees sign for receipt of that policy statement. The statement must contain a list of prohibited substances. At a minimum it must cite controlled substances.11

Some employers choose to include in the policy prohibition of alcohol and prescription drug misuse, although that is not a requirement. Subject employers must also establish a drug-free awareness training program to make employees aware of (a) the dangers of drug abuse in the workplace; (b) the policy of maintaining a drug-free workplace; (c) any available drug counseling, rehabilitation, and employee assistance programs; and (d) the penalties that may be imposed on employees for drug abuse violations. Records should be maintained showing each employee who received the training and the date it occurred.

Drug-Free Workplace Act Enforcement

Federal contractors under the jurisdiction of the OFCCP will find that the agency requires proof of compliance when it conducts a general compliance evaluation of affirmative action plans. Any employee who fails a drug test must be referred to a treatment program or given appropriate disciplinary action. Care should be given to treating similar cases in the same way. It is fairly easy to be challenged under Title VII for unequal treatment based on one of the Title VII protected groups.

Each federal agency responsible for contracting or providing grants is also responsible for enforcing the Drug-Free Workplace Act requirements. These responsibilities are spelled out in the Federal Acquisition Regulation (FAR). Failing to maintain a drug-free workplace can result in the following:12

Suspension of payments for contract or grant activities
Suspension or cancellation of grant or contract
Up to five-years prohibition for any further contracts or grants
This set of regulations is often overlooked by employers and HR professionals alike. Details can be found in 41 C.F.R. 60-3. For covered employers with 15 or more people on the payroll, this set of requirements is essential in preventing claims of discrimination.

There are two types of illegal employment discrimination: Adverse Treatment and Adverse or Disparate Impact. The latter almost always results from seemingly neutral policies having a statistically adverse impact on a specific group of people. To avoid illegal discrimination, the guidelines require that all steps in a hiring decision be validated for application to the job being filled. Validity of a selection device can be determined through a validity study or by applying a job analysis to demonstrate the specific relationship between the selection device and the job requirements. Selection devices include things like a written test, an oral test, an interview, a requirement to write something for consideration, and a physical ability test.

Employers can get into trouble when they use selection tools that have not been validated for their specific applications. For example, buying a clerical test battery of written tests and using it to make selection decisions for administrative assistants as well as general office clerks may not be supportable. Only a validity analysis will tell for sure. What specific validation studies have been done for the test battery by the publisher? Any publisher should be able to provide you with a copy of the validation study showing how the test is supposed to be used and the specific skills, knowledge, or abilities that are analyzed when using it. If you can't prove the test measures things required by your job content, don't use the test. According to the Uniform Guidelines, "While publishers of selection procedures have a professional obligation to provide evidence of validity which meets generally accepted professional standards, users are cautioned that they are responsible for compliance with these guidelines."13 That means the employer, not the test publisher, is liable for the results.
This was the first attempt by Congress to involve local communities early in the private sector's downsizing process. It also prevented employers from just shutting the door and walking away without any worker benefits. It applies to all employers with 100 or more full-time workers at a single facility. The law specifies a qualifying employer to be one that has 100 or more employees who in the aggregate work at least 4,000 hours per week (exclusive of hours of overtime).

Definitions

The term "plant closing" refers to the permanent or temporary shutdown of a single site of employment, or one or more facilities or operating units within a single site of employment, if the shutdown results in an employment loss at the single site of employment during any 30-day period for 50 or more employees excluding any part-time employees.

The term "mass layoff" refers to a reduction in force that is not the result of a plant closing and results in an employment loss at the single site of employment during any 30-day period for (1) at least 500 full-time employees or (2) 33 percent of the total number of full-time employees for employers with 50 to 499 employees.

Required Actions

The law requires 60 days advance notice to employees of plant closing or mass layoffs. Any employment loss of 50 or more people, excluding part-time workers, is considered a trigger event to activate the requirements. Notification of public officials in the surrounding community in addition to notification of employees is a requirement. The local community leaders must be informed and invited to participate in the process of finding new jobs for laid-off workers. There is a provision that says an employer can pay 60 days separation allowance if it gives no notice to workers who will be terminated.

Exemptions to Notice Requirement

Notice is not required, regardless of the size of layoff, if the layoff, downsizing, or terminations result from the completion of a contract or project that employees understood would constitute their term of employment. It is not uncommon for workers to be hired in a "term" classification that designates them as employees for the life of a project. If they understand that from the beginning of their employment, their termination would not trigger the WARN Act.

WARN is not triggered

In the event of strikes or lockouts that are not intended to evade the requirements of this law.
In the event the layoff will be for less than 6 months.
If state and local governments are downsizing. They are exempt from the notice requirement.
In the event that less than 50 people will be laid off or terminated from a single site.
If 50 to 499 workers lose their jobs and that number is less than 33 percent of the active workforce at the single site.
The Social Security program began in 1935 in the heart of the Great Depression. It was initially designed to help senior citizens when that group was suffering a poverty rate of 50 percent. It currently includes social welfare and social insurance programs that can help support disabled workers who are no longer able to earn their wages.

The Social Security program is supported through payroll taxes with contributions from both the employee and the employer. Those payroll tax rates are set by the Federal Insurance Contributions Act (FICA) and have been adjusted many times over the years. There are many programs currently under the control of the Social Security Act and its amendments. These include:

Federal old-age benefits (retirement)
Survivors benefits (spouse benefits, dependent children and widow/widower benefits)
Disability insurance for workers no longer able to work
Temporary Assistance for Needy Families
Medicare Health Insurance for Aged and Disabled
Medicaid Grants to States for Medical Assistance Programs
Supplemental Security Income (SSI)
State Children's Health Insurance Program (SCHIP)
Patient Protection and Affordable Care Act
There is currently a separate payroll deduction for Medicare Health Insurance, which is also funded by both the employee and employer. And the Patient Protection and Affordable Care Act is rolling out over the next few years and offers the opportunity to provide medical insurance coverage to a greater number of people.

A personal Social Security number is used as a tax identification number for federal income tax, including bank records, and to prove work authorization in this country. Social Security numbers can be used in completing Form I-9, which must be completed for every new employee on the payroll. Also required for the I-9 is proof of identity.