Ch. 10: Employment, Immigration, and Labor Law – No. 10
Clarkson et al.’s Business Law: Commercial Law for Accountants (1E)
The Employee Polygraph Protection Act prohibits
results or her refusal to take a lie-detector test.
Drug testing of employees or applicants for evidence of drug
employers who conduct genetic tests of employees or
Ch. 10: Employment, Immigration, and Labor Law – No. 11
Clarkson et al.’s Business Law: Commercial Law for Accountants (1E)
CONTROLLING ILLEGAL IMMIGRATION
The Immigration Reform and Control Act (IRCA)
(1) prohibits hiring or recruiting illegal immigrants,
(2) requires employers to complete a Form I-9 for each
employee, verifying that each employee is either a U.S.
citizen or is otherwise entitled to work in the U.S., and
(3) prohibits employment discrimination on the basis that
the person might be an illegal immigrant (but excuses
illegal status but does not promptly fire him, or
(c) fails to satisfy IRCA’s paperwork requirements.
Immigration and Customs Enforcement (ICE) investigates
possible violations of IRCA and has the authority to pursue
Ch. 10: Employment, Immigration, and Labor Law – No. 12
Clarkson et al.’s Business Law: Commercial Law for Accountants (1E)
LEGAL IMMIGRATION
The Immigration Act of 1990 limits the number of legal
immigrants entering the U.S. each year by capping the
number of visas issued each year.
employer to hire the noncitizen for a permanent, full-
time position;
The employer must (a) show that no American
worker is qualified, willing, and able to take the
visa.
Ch. 10: Employment, Immigration, and Labor Law – No. 13
Clarkson et al.’s Business Law: Commercial Law for Accountants (1E)
THE NLRA AND THE NLRB
interfering with employees’ efforts to organize;
dominating a labor organization or contributing financial
or other support to it;
labor practices; and
refusing to bargain collectively with the employees’
chosen representative.
Ch. 10: Employment, Immigration, and Labor Law – No. 14
Clarkson et al.’s Business Law: Commercial Law for Accountants (1E)
OTHR FEDERAL LABOR LAWS
continued employment (a union shop), refusing to negotiate
with management, and causing employers to hire unneeded
employees (featherbedding).
Labor-Management Reporting and Disclosure Act: Sets
to handle, use, or deal in non-union goods.
Ch. 10: Employment, Immigration, and Labor Law – No. 15
Clarkson et al.’s Business Law: Commercial Law for Accountants (1E)
UNION ORGANIZATION
Petition: If the employer refuses to formally recognize the
employees’ desire to unionize, they may petition the NLRB
for an election. Union supporters must demonstrate to the
NLRB that at least 30 percent of those to be represented
support a union or an election on unionization.
The employer’s efforts to prevent unionization must not
be accompanied by threats of reprisal against those
who support the unionization effort.
Ch. 10: Employment, Immigration, and Labor Law – No. 16
Clarkson et al.’s Business Law: Commercial Law for Accountants (1E)
COLLECTIVE BARGAINING
wages and hours of work,
health and safety rules,
physical examinations, drug/alcohol testing, and
Ch. 10: Employment, Immigration, and Labor Law – No. 17
Clarkson et al.’s Business Law: Commercial Law for Accountants (1E)
GOOD FAITH BARGAINING
insisting on obviously unreasonable terms;
refusing to discuss modifications to terms;
making unilateral changes in working conditions;
Failure to bargain in good faith constitutes an unfair labor
practice and may result in sanctions by the NLRB.
Ch. 10: Employment, Immigration, and Labor Law – No. 18
Clarkson et al.’s Business Law: Commercial Law for Accountants (1E)
Employers may hire replacement workers during a
strike.
Whether the employer may hire permanent
replacements depends on whether the employees are
Lockout: An employer shutdown to prevent union employees
from working – typically used to forestall an imminent strike.
Ch. 10: Employment, Immigration, and Labor Law – No. 11
Clarkson et al.’s Business Law: Commercial Law for Accountants (1E)
CONTROLLING ILLEGAL IMMIGRATION
The Immigration Reform and Control Act (IRCA)
(1) prohibits hiring or recruiting illegal immigrants,
(2) requires employers to complete a Form I-9 for each
employee, verifying that each employee is either a U.S.
citizen or is otherwise entitled to work in the U.S., and
(3) prohibits employment discrimination on the basis that
the person might be an illegal immigrant (but excuses
illegal status but does not promptly fire him, or
(c) fails to satisfy IRCA’s paperwork requirements.
Immigration and Customs Enforcement (ICE) investigates
possible violations of IRCA and has the authority to pursue
Ch. 10: Employment, Immigration, and Labor Law – No. 12
Clarkson et al.’s Business Law: Commercial Law for Accountants (1E)
LEGAL IMMIGRATION
The Immigration Act of 1990 limits the number of legal
immigrants entering the U.S. each year by capping the
number of visas issued each year.
employer to hire the noncitizen for a permanent, full-
time position;
The employer must (a) show that no American
worker is qualified, willing, and able to take the
visa.
Ch. 10: Employment, Immigration, and Labor Law – No. 13
Clarkson et al.’s Business Law: Commercial Law for Accountants (1E)
THE NLRA AND THE NLRB
interfering with employees’ efforts to organize;
dominating a labor organization or contributing financial
or other support to it;
labor practices; and
refusing to bargain collectively with the employees’
chosen representative.
Ch. 10: Employment, Immigration, and Labor Law – No. 14
Clarkson et al.’s Business Law: Commercial Law for Accountants (1E)
OTHR FEDERAL LABOR LAWS
continued employment (a union shop), refusing to negotiate
with management, and causing employers to hire unneeded
employees (featherbedding).
Labor-Management Reporting and Disclosure Act: Sets
to handle, use, or deal in non-union goods.
Ch. 10: Employment, Immigration, and Labor Law – No. 15
Clarkson et al.’s Business Law: Commercial Law for Accountants (1E)
UNION ORGANIZATION
Petition: If the employer refuses to formally recognize the
employees’ desire to unionize, they may petition the NLRB
for an election. Union supporters must demonstrate to the
NLRB that at least 30 percent of those to be represented
support a union or an election on unionization.
The employer’s efforts to prevent unionization must not
be accompanied by threats of reprisal against those
who support the unionization effort.
Ch. 10: Employment, Immigration, and Labor Law – No. 16
Clarkson et al.’s Business Law: Commercial Law for Accountants (1E)
COLLECTIVE BARGAINING
wages and hours of work,
health and safety rules,
physical examinations, drug/alcohol testing, and
Ch. 10: Employment, Immigration, and Labor Law – No. 17
Clarkson et al.’s Business Law: Commercial Law for Accountants (1E)
GOOD FAITH BARGAINING
insisting on obviously unreasonable terms;
refusing to discuss modifications to terms;
making unilateral changes in working conditions;
Failure to bargain in good faith constitutes an unfair labor
practice and may result in sanctions by the NLRB.
Ch. 10: Employment, Immigration, and Labor Law – No. 18
Clarkson et al.’s Business Law: Commercial Law for Accountants (1E)
Employers may hire replacement workers during a
strike.
Whether the employer may hire permanent
replacements depends on whether the employees are
Lockout: An employer shutdown to prevent union employees
from working – typically used to forestall an imminent strike.