Supporting Lectures:
Review the following lectures:
- The Employee’s Safety Nets
- Fair Labor Standards
Discussion Questions
Before beginning work on this discussion forum, please review the link
Doing Discussion Questions Right
, the expanded grading rubric for the forum below, and any specific instructions for this topic.
Before the end of the week, begin commenting on at least two of your classmates’ responses. You can ask technical questions or respond generally to the overall experience. Be objective, clear, and concise. Always use constructive language, even in criticism, to work toward the goal of positive progress. Submit your responses in the Discussion Area.
Tasks
Choose one of the following questions.
Discussion Question 1
When is it legal and fair to classify a worker as an independent contractor rather than an employee?
Discussion Question 2
Is it ethical for employers to argue for a denial when terminated employees file for unemployment compensation?
To support your work, use your course and textbook readings and also use the
South University Online Library
. As in all assignments, cite your sources in your work and provide references for the citations in APA format.
Your initial posting should be addressed at 500–1000 words as noted in the attached PDF. Submit your document to this Discussion Area by the due date assigned. Be sure to cite your sources using APA format.
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The Employee’s Safety Nets
Unemployment compensation provides income to out-of-work employees who have lost their jobs
through no fault of their own and are ready and willing to work. “Fault” means that an employee
termination must have resulted from willful misconduct. Poor performance is not willful misconduct.
Absenteeism may or may not be willful misconduct. In general, employees cannot be denied
unemployment benefits unless the willful misconduct is clearly disqualifying. Employers are better off if
claims are denied because unemployment tax rates are variable, increasing when the number of
terminated employees is high and decreasing when the number of claims is low.
Workers’ Compensation is a mandated insurance program covering injuries on the job. Not every
injury is covered. Driving injuries, chronic or preexisting illnesses, workplace violence, or injuries while
under the influence of drugs or alcohol are not covered. The most important consideration in claims is
immediate reporting. Failure to report, such as letting a back injury go unreported until the condition
worsens, can complicate a claim.
Social Security benefits fall into three categories: retirement insurance, Medicare, and disability.
Retirement insurance begins at the age of sixty-five, with the payout amount determined by the
retiree’s wages over his or her working life. Medicare is a health insurance benefit for persons who are
sixty-five or older, and it consists of two parts, Part A for hospitalization and Part B for supplementary
medical insurance. Persons who become totally disabled for any reason may receive Social Security
disability benefits.
The ERISA regulates employer-provided pension funds as a way to protect workers’ pensions from
vanishing due to fraud or mismanagement. ERISA does not include offering a pension plan. But if a
plan does exist, ERISA applies.
Safety net laws are complex. Human resources managers must stay current in this area of law as it is
constantly changing.
Links to Resources
Review the following links to learn more.
Social Security: Retirement Benefits State Workers’ Compensation Officials
State Unemployment Insurance Benefits Employee Retirement Income Security Act (ERISA)
https://www.ssa.gov/benefits/retirement/
https://www.ssa.gov/benefits/retirement/
https://www.ssa.gov/benefits/retirement/
https://www.dol.gov/owcp/dfec/regs/compliance/wc.htm
https://www.dol.gov/owcp/dfec/regs/compliance/wc.htm
https://www.dol.gov/owcp/dfec/regs/compliance/wc.htm
https://workforcesecurity.doleta.gov/unemploy/uifactsheet.asp
https://workforcesecurity.doleta.gov/unemploy/uifactsheet.asp
https://workforcesecurity.doleta.gov/unemploy/uifactsheet.asp
https://www.dol.gov/general/topic/retirement/erisa
https://www.dol.gov/general/topic/retirement/erisa
https://www.dol.gov/general/topic/retirement/erisa
https://www.ssa.gov/benefits/retirement/
https://www.dol.gov/owcp/dfec/regs/compliance/wc.htm
https://workforcesecurity.doleta.gov/unemploy/uifactsheet.asp
https://www.dol.gov/general/topic/retirement/erisa
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file:///C|/Users/CWATKIM/Desktop/The Employee’s Safety Nets.html[5/21/2020 11:29:19 PM]
Additional Material
From your course textbook, Employment and Labor Law, read the following chapter:
The Employee’s Safety Nets: Unemployment and Workers’ Compensation, Social Security, and
Retirement Plans
- Local Disk
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Fair Labor Standards
The four major areas addressed in the FLSA are minimum wage, overtime pay, child labor, and equal
pay. The act applies to public and private employers.
The current federal minimum wage is $7.25 per hour for hourly employees. For tipped employees, the
minimum wage is $2.13. Many states set their minimum wages higher than the federal wage. The last
change in federal minimum wage occurred in 2009.
Compensation may be paid using methods other than an hourly wage. A piece rate, a per-
performance rate, a per-game rate, or a weekly rate are some examples. In general, any
compensation schedule must average out to at least a minimum wage rate in order to be in compliance
with the FLSA.
Classifying employees as independent contractors to avoid minimum wage requirements is a common
FLSA violation. In general, a worker is an employee if he or she works under the behavioral and
financial control of an employer and not independently.
Overtime pay must be paid to employees who work in excess of forty hours per workweek. The
workweek is defined as seven consecutive days, and it must not be manipulated to avoid the payment
of overtime. Overtime pay is calculated as 1.5 times the employee’s regular pay rate.
Executives, administrators, professionals, and outside salespeople are exempt from minimum wage
and overtime provisions of the FLSA. Classifying nonexempt employees as exempt is a common
FLSA violation.
Minors under the age of eighteen years are prohibited from working in certain hazardous occupations,
such as mining or milling. Minors aged sixteen to eighteen years may work in most nonhazardous
occupations without restriction. Minors aged fourteen to sixteen years are subject to work-hour
limitations. Children under fourteen years are permitted to work in agriculture on a limited basis. State
laws may impose tighter restrictions on child labor than the FLSA.
Links to Resources
Review the following links to learn more.
Minimum Wage Laws in the States Understanding Employee vs. Contractor Designation
Part 570—Child Labor Regulations, Orders, and Statements of Interpretation
OSHA Safety Standards
https://www.dol.gov/whd/minwage/america.htm
https://www.dol.gov/whd/minwage/america.htm
https://www.dol.gov/whd/minwage/america.htm
https://www.irs.gov/newsroom/understanding-employee-vs-contractor-designation
https://www.irs.gov/newsroom/understanding-employee-vs-contractor-designation
https://www.irs.gov/newsroom/understanding-employee-vs-contractor-designation
https://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&sid=48d6ee3b99d3b3a97b1bf189e1757786&rgn=div5&view=text&node=29:3.1.1.1.31&idno=29
https://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&sid=48d6ee3b99d3b3a97b1bf189e1757786&rgn=div5&view=text&node=29:3.1.1.1.31&idno=29
https://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&sid=48d6ee3b99d3b3a97b1bf189e1757786&rgn=div5&view=text&node=29:3.1.1.1.31&idno=29
https://www.dol.gov/whd/minwage/america.htm
https://www.irs.gov/newsroom/understanding-employee-vs-contractor-designation
https://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&sid=48d6ee3b99d3b3a97b1bf189e1757786&rgn=div5&view=text&node=29:3.1.1.1.31&idno=29
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Although specific standards depend upon the
industry being protected, the following general safety standards apply to all industries:
Reference:
United States Department of Labor. (n.d.). OSHA top 10 most frequently cited standards for fiscal
year 2017. Retrieved from https://www.osha.gov/Top_Ten_Standards.html
Workers must be protected from falls using harnesses, barriers, or other safety features.
Known hazards must be communicated to employees, such as broken equipment, spills, or
failing structures.
Scaffolding must be used in good condition and should be properly installed when working off
of ground level.
Respiratory protection must be provided when in the presence of dust, vapor, fumes, gasses,
smoke, or sprays.
Lockout or tagout procedures must be followed when working with electrical equipment.
Ladders must be in good condition and must not be used if other, safer alternatives exist such
as working on the ground.
Employees must be trained in proper use of forklifts. Any employee operating a forklift must
be fully trained.
Guards must be in place on dangerous equipment such as cutters, punches, shears, or
moving parts.
Fall protection training must be provided to any worker who might be exposed to fall hazards.
Electrical wiring must be properly grounded. Flexible wiring (extension cords) should not be
substituted for fixed wiring in buildings except for temporary lighting purposes, such as holiday
decorations.
Additional Material
From your course textbook, Employment and Labor Law, read the following chapter:
The Fair Labor Standards Act
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file:///C|/Users/CWATKIM/Desktop/Fair%20Labor%20Standards.html[5/21/2020 11:27:27 PM]
- Local Disk
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