Quiz 34 :
Employment, Immigration, and Labor Law
Unfair labor practices Unfair labor practice basically refers to actions taken by unions or employers that violate the legislation and national labor relation act. Since unfair labor practice by labor unions is largely outlawed by TH act. Also unfair labor relation by management is largely outlawed by NLRA. Therefore neither the union nor the agency may refuse to bargain with other in good faith. In this case, NLRB carefully monitors the activity of employers in order to curb unfair labor practices. Since unfair trade practices include any practices which are against the trade practices or business regulations being followed in the business. Thus some employers coerce its employees not to vote in order to form union that may restrict the activities of employees or terminating their services. However employers must possess legitimate reason to avoid unionization. However, increase in wages is not against the trade practices. Therefore any employer can increase the wages of its employee with or without any reason. Hence it is ascertained that increases in wages should not be regarded as unfair labor practices
From the given information, it is clear that S spent over 90 percent of his time on sales. There are certain employees who are exempted from FLSA. Among these a salesperson also comes. Hence, S is exempt from the overtime rules, as an outside salesperson. Even the revisionary provisions under the Act in 2004 will not allow S to qualify for overtime pay.
Under the Occupational Health and Safety Act (OSHA), employers must provide their employees with safe working conditions. Furthermore, employers cannot discriminate against employees who refuse to execute a duty because they fear death or bodily harm. In this case, D and C reasonably believed they could suffer great bodily harm if they carried out their job. Thus, under OSHA, their termination was wrongful.