Employee rights under the fair labor standards act 2021 venezuela
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- Ellen M. Leibovitch
- Bolivarian Venezuela: sustained progress for workers’ rights (Hard copy, trade union)
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- California firm that underpaid Mexican employees with pesos ordered to pay back wages, OT
- Venezuela’s recent elections an improvement over past votes: EU
- Support H.R. 4, John Lewis Voting Rights Advancement Act
- 2019 Country Reports on Human Rights Practices: Venezuela
- Year in Review: Top 5 Employment Law Developments of 2021
Ellen M. Leibovitch
There are federal, state and local employment laws. Many states have comparable laws. There is also state common law whereby courts decide non-statutory employment issues, such as employment at will and restrictive covenants. How are different types of worker distinguished? Workers are generally protected against discrimination under federal law on the basis of race, colour, religion, sex, sexual orientation, pregnancy, national origin, age, disability, genetic information, retaliation or union activity.
State and local laws have additional protections, such as marital status discrimination, etc. Employees also are distinguished by the existence of an employment contract or union collective bargaining agreement or employment-at-will. If not, do employees have to be provided with specific information in writing?
Written contracts of employment are not required. Employers are required by law to provide employees with certain specific information. Minimum wage and overtime pay are required and state and local laws also have other minimum requirements, such as mandatory breaks, payment of accrued benefits and final pay. Does bargaining usually take place at company or industry level? Bargaining often takes place at company level but may be industry-wide in certain circumstances, for example, when an industry has a multi-employer association that deals with unions.
The National Labor Relations Act NLRA governs union recognition and provides for union recognition when a majority of employees vote for a union in a secret ballot election or when an employer recognises a union based on a majority of employees having signed authorisation cards. Unions have rights under the NLRA to organise and represent employees from unfair labour practices as well as to take industrial action strike under certain circumstances.
The NLRA, as interpreted by the National Labor Relations Board and federal courts, governs unions right to strike as do collective bargaining agreements. If so, what are the main rights and responsibilities of such bodies? If so, on what grounds is discrimination prohibited? Discrimination on the bases set forth in question 1. In addition, employees are protected from sexual harassment. There is no specific federal law requiring mandatory training or specific other responses to the possibility of sexual harassment, many states and localities have specific standards, including required anti-harassment training.
The Equal Employment Opportunity Commission EEOC has issued guidelines providing that employers must provide harassment prevention training to all employees to ensure they understand their rights and responsibilities.
Federal courts have ruled that employers need to show evidence of anti-harassment training to avoid punitive damages or to raise certain affirmative defences. If an employer can establish that the action in question was for a legitimate, non-discriminatory reason, it will not be found liable. There also is a general bona fide occupational qualification defence. Further defences apply to specific discrimination claims, e.
Can employers settle claims before or after they are initiated? Employers may settle claims before or after they are initiated. Both federal laws and state laws specifically protect whistle-blowers against employer retaliation for their whistleblowing activities and allow for whistleblowing lawsuits.
Some state and localities have expanded employee rights. The employer must reinstate the employee to the same or equivalent position. The FMLA is a gender-neutral statute that allows for fathers and mothers to request and take leave. Fathers are afforded the same rights as mothers under the FMLA. Flexible work or leave beyond FMLA is available to employees unless there would be an undue hardship on the business. Employees do not automatically transfer to a buyer, but this is the case in a share sale because the employing entity remains the same.
Collective bargaining agreements may have provisions pertaining to a business sale. How does a business sale affect collective agreements? In a stock sale, employee terms and conditions remain the same.
In an asset sale, the buyer can set new terms and conditions. How long does the process typically take and what are the sanctions for failing to inform and consult? There are no consultation rights except a unionised employer will have to consult bargain with the union. There may be informational rights under the WARN Act or state equivalent if the sale results in a mass layoff or shut down of an employment site.
In a stock sale, the employing entity remains the same so the employees are not dismissed. How is the notice period determined? At-will employees do not have to be given notice of termination nor do unionised employees unless a collective bargaining agreement otherwise provides.
In what circumstances is an employee treated as being dismissed? Is consent from a third party required before an employer can dismiss? Employment is at-will unless an employment or collective bargaining agreement protects against dismissal under certain circumstances.
All employees are protected against dismissal due to unlawful discrimination or protected activity, such as union activity or whistleblowing. An employee is dismissed when employment is terminated or there is a constructive termination inability to continue working due to a hostile work environment. An employment agreement may have provisions for employee termination for good reason. Consent from a third party is not required before an employer can dismiss.
Employees in protected classifications may not be dismissed because of their protected classification. Employment and collective bargaining agreements may have provisions protecting against improper dismissal. Are employees entitled to compensation on dismissal and if so, how is compensation calculated? Upon dismissal, employees are entitled to receive their final pay and accrued benefits. If the dismissal is not for misconduct, an employee is eligible for unemployment insurance benefits.
There are no specific provisions unless an employment or collective bargaining agreement contains them. What are the remedies for a successful claim? Claims can be brought before an administrative agency, a court or an arbitrator if pursuant to an employment or collective bargaining agreement for unlawful dismissal with the potential remedies mentioned above.
Collective bargaining agreements may provide for additional obligations. Employees may bring either an individual or class action civil lawsuit. Employers who violate the WARN provision by closing an employment site or ordering mass layoffs without providing adequate notice are liable for back pay and benefits to each aggrieved employee.
Employers who fail to provide the required notice to the local government are subject to civil penalties. Consequences depend on the violations found. The enforceability of restrictive covenants is determined by state law and varies depending on the jurisdiction. Types of restrictive covenants include non-competition agreements, non-solicitation of customers, non-solicitation of employees, and confidentiality agreements.
The Justice Department has been attacking some restrictive covenants as restraints on trade. State laws vary as to the enforceability of restrictive covenants. Courts will assess whether restrictive covenants serve a legitimate business purpose and are reasonable in scope, time and geographic reach. There is no uniform period for which restrictive covenants are enforceable, but the shorter they are, the more likely they will be enforced.
Covenants must be supported by consideration, which may be financial or a promotion or, in some jurisdictions, continuation of employment. Can an employer transfer employee data freely to other countries? In the U. Most states have enacted some form of privacy legislation, while most have implemented laws requiring notification of personal information security breaches. Subject to these laws, employers can transfer employee data to other countries. There are no federal laws requiring employers to provide employees access to their personal information; however, some states do have laws.
State laws often address who has access to the information, how often the information can be accessed, whether copies can be made, what records can be kept, and whether third-party disclosure is permitted.
Employers are permitted to conduct pre-employment checks. Employers must comply with federal laws that protect applicants from unlawful discrimination and FCRA when compiling background information. An employer has the right to monitor its own property. Employers are entitled to monitor computers, servers, and other electronic devices that the employer owns. Under the Electronic Communications Privacy Act of , employers are permitted to monitor employee communications if there is a legitimate business purpose or if the employee has consented.
Federal courts have jurisdiction to adjudicate employment-related cases arising out of federal employment law and employment cases where the parties are citizens of different states or a non-United States citizen. Is conciliation mandatory before a complaint can proceed?
Does an employee have to pay a fee to submit a claim? Some courts require mandatory conciliation. Otherwise, it is voluntary. The EEOC is required by federal statute to attempt to resolve findings of discrimination through conciliation.
If a civil lawsuit is brought, applicable fees will apply, but there is no fee for filing a claim with an administrative agency.
Yes, decisions are appealable. Typically, there must be a final ruling before a decision can be appealed, but interlocutory intermediate appeals are allowed in limited circumstances. There is no uniform length of time for an appeal. The Paycheck Protection Program PPP allows eligible employers to take out forgivable small business loans to cover payroll costs, employer group health costs, and other costs for eight weeks after the loan date.
This may include masks, testing, and eventually, vaccines. Nearly every state has issued employee-protection regulations and many states have instituted assistance for businesses affected by closures. The PPP allows businesses to apply for low-interest loans to cover the above-mentioned costs for eight weeks after the loan date. The loan amount is equal to 2. EIDLs differ in that they can be used for a wider variety of expenses.
Bolivarian Venezuela: sustained progress for workers’ rights (Hard copy, trade union)
Members may download one copy of our sample forms and templates for your personal use within your organization. Neither members nor non-members may reproduce such samples in any other way e. The law reform imposed new restrictions for work hours and days of rest, and allowed for an implementation period of one year. Given these new restrictions, employers should immediately implement changes to their practices to comply fully with the wage and hour law.
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This is a list of the official minimum wage rates of the United Nations member states and former members of the United Nations , also including the following territories and states with limited recognition Northern Cyprus , Kosovo , etc. Some countries may have a very complicated minimum wage system; for example, India has more than minimum wage rates for different types of industries and skill levels. For example 33 states in the United States have higher minimum wages than the Federal rate plus military rates on federal bases - on top of this an additional 42 city-level subdivisions having different minimum wage rates and 53 counties. This is common in Federal nations as Canada [3] and China also have numerous different rates. In the article below only the lowest minimum wage is cited, or the highest-level subdivision where it applies. The minimum wages listed refer to a gross amount, that is before deduction of taxes and social security contributions, which vary from one country to another. Also excluded from calculations are regulated paid days off, including public holidays, sick pay, annual leave and social insurance contributions paid by the employer. For the sake of comparison, an annual wage column is provided in international dollars , a hypothetical unit of currency calculated based on the purchasing power parity PPP of household final consumption expenditure. For calculating the annual wage, the lowest general minimum wage was used. Workers under 21, apprentices and trainees not covered by an award, have a minimum wages set at a percentage of the ordinary rate.
California firm that underpaid Mexican employees with pesos ordered to pay back wages, OT
View minimum wage rates through Minimum Wages in Malaysia averaged The wage remains far below U. Enforcement of Minimum Wage Laws. October to conduct further field research and meet officials and other stakeholders.
Venezuela’s recent elections an improvement over past votes: EU
Alternative dispute resolution ADR procedures are becoming more common in employment contracts, human resources manuals, and employee handbooks. The AAA can help resolve sensitive workplace disputes efficiently and expeditiously. In following the law, and in the interest of providing an appropriate forum for the resolution of workplace disputes, the Association administers employer plans which meet the due process standards as outlined in its Employment Arbitration Rules and Mediation Procedures and the Due Process Protocol. If the Association determines that an employer plan on its face substantially and materially deviates from the minimum due process standards of the Employment Rules and Mediation Procedures and the Due Process Protocol, the Association may decline to administer cases under that plan. Other issues will be presented to the arbitrator for determination.
Support H.R. 4, John Lewis Voting Rights Advancement Act
On Jan. Department of Labor DOL published a final regulation 1 regarding the determination of independent contractor status for purposes of the Fair Labor Standards Act FLSA , including its minimum wage and overtime provisions. Many see the final rule as part of the on-going discussion of whether gig workers are classified as independent contractors or as employees. For every hour worked, employers covered by the FLSA are required to pay their nonexempt employees the Federal minimum wage and overtime pay for hours worked over 40 in a workweek. In addition, these employers are required to keep certain records with regard to those employees. However, those FLSA requirements do not apply to individuals performing services as an independent contractor.
2019 Country Reports on Human Rights Practices: Venezuela
Employers faced another challenging year in , attempting to keep up with constantly changing regulations and laws addressing the continuing COVID pandemic, while still facing traditional legal issues such as discrimination and worker classification. Below is a review of five of the biggest developments in employment law over the past year. Why it matters: was a complicated year for employers, and looks to present similar challenges, as the COVID pandemic continues into another year—in addition to all the usual legal issues. Search for:.
Year in Review: Top 5 Employment Law Developments of 2021
RELATED VIDEO: Virgins for sale in Colombia in 'world's biggest brothel'These attacks follow incidents of harassment of other organizations and may be part of a broader campaign against civil society in Venezuela, through which the authorities undermine the work that these groups carry out in defense of human rights. According to Venezuelan human rights organization PROVEA, during the first 8 months of the state of emergency declared in response to the pandemic, 66 journalists and media staff have been detained in Venezuela. Other media groups have faced attacks by unknown actors during this same period. One example is the digital newspaper Tal Cual, which on January 8 reported that it had been the target of a 3 hour-long digital attack, during which staff experienced difficulties accessing their own web page.
While in itself insufficient to restore democracy, the new composition of the electoral authority marks an important step. The U. The CNE is responsible for overseeing the entire electoral process in Venezuela, from campaigning to tallying votes, and will have a mandate to supervise elections for the next seven years. This includes the historic agreement reached with the World Food Programme, in which the UN agency gained access to provide food aid to 1. Each of these are important developments. The question remains whether the Maduro government is willing to offer further concessions that could, ultimately, lead to the re-democratization of the country.
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