Are You at Risk for a Labor Lawsuit?
Some laws to know when thinking about labor staffing
Fewer steps are more important to your company’s labor staffing strategy than becoming well-versed in labor laws. Avoid class action or labor lawsuits, and provide a respectful and safe work environment for your employees, by making sure you know the most important labor laws. Read on for some of the top rights you should be sure you’re granting to employees:
Family and Medical Leave: The Family Medical Leave Act of 1993, or FMLA, is a federal law that allows eligible employees of covered employers to have unpaid, job-protected leave for specified family and medical reasons. Typically employees working for a company with more than 50 workers are entitled to 12 weeks of unpaid leave to care for a sick family member, deal with a serious illness, or become a new parent. While on leave their health insurance coverage remains as usual, and when these employees return to work, they are guaranteed the same or equivalent position.
COBRA: Workers and their families who lose their health benefits the right through, being laid off, a reduction in hours, quitting, or transitioning jobs are allowed to participate in group benefits for a limited period of time under the Consolidated Omnibus Budget Reconciliation Act, or COBRA.
Occupational Safety and Health Act: When you’re dealing with construction projects and labor staffing, this law is a big one. The Occupational Safety and Health Act, commonly referred to as OSHA, is a federal law that ensures that employers have to keep the workplace free of recognized and serious hazards. Workplace inspections and investigations are a way of making sure companies are keeping their employees safe from dangerous noise levels, mechanical dangers, exposure to toxic chemicals, unsanitary conditions or heat or cold stress.
Worker’s Compensation: This law will look different from state to state, but it’s premise is to provide wage replacement and medical benefits to employees injured in the course of employment. Employees have the right to medical care for any workplace injury, and a right to compensation or disability (either temporary or permanent) is also protected under this law.
Worker Adjustment and Retraining Notification Act: Under this law employees must provide 60 days notice in advance of covered plant closings and covered mass layoffs. This means companies with more than 100 employees must give their affected workers this protection.
Minimum Wage: This will also vary from state to state, but the federal minimum wage of $7.25 per hour (as of July 2014) is required by all states.
Overtime pay: A provision under the Fair Labor Standards Act, or FLSA, this states that employers are required to to pay employees an overtime rate that is one and a half times their regular salary rate for anything worked over 40 hours a week. There are many variations to the application of this law, so it’s one best looked in to carefully.
Whistleblower protection: Employees who file claims about any law violations are protected under the Whistleblower Protection Act. Employees may not be fired, demoted, blacklisted or have their pay or hours reduced to retaliate for any such complaints.
Complying with federal labor laws is an important part of any companies strategy, but when you’re staffing for construction projects, CLC knows that safety and fairness to your workers is a large concern. Many of these labor law worries can be put to rest by utilizing a labor staffing agency like Construction Labor Contractors. Let CLC help you provide the best benefits to your employees, by taking advantage of our human resources outsourcing.
Focus on the job at hand, and let CLC handle administrative concerns.
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