Index
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A
Age Discrimination in Employment Act ( ADEA ) 4, 13
alcohol testing 59
Americans With Disabilities Act ( ADA ) 4, 10- 13, 63, 68
AIDS 13
conflict with collective bargaining agreement 13
coverage 10
enforcement 14
essential function 10-11, 63, 67
FMLA and 68
illegal drug use and 13
medical examinations and 12
mental or physical disability 11
preexisting conditions and ADA 13 (see also HIPAA )
reasonable accommodation 11, 12
collective bargaining agreements and conflict with 13
Rhode Island drug testing statute and 13
safety and 13
undue hardship 11
arbitration
employment at-will and 2
grievance and 43-44
right-to-information 45
interest 50
B
"Bill of Rights" for union members ( Landrum-Griffin Act ) 35, 48-49
Bloodborne Pathogens Standard 18
bona fide occupational qualification ( BFOQ ) 6
C
Chemical Hazard Communication Standard 17, 18
child labor (see Chapter VII, generally)
hour limits 76
minimum wage and 76
prohibited employment 74-75
unemployment and 77
Civil Rights Acts of 1866 and 1870 4
Civil Rights Act of 1991 4, 5
Civil Rights of Individuals with Disabilities Act 4, 10
collective bargaining (see Chapter VI, generally)
direct dealing (in contrast with collective bargaining) 40
duty of fair representation 46-47
grievance (see arbitration)
Steelworkers Trilogy 43-44
impasse in bargaining 40, 42-43,
public sector 50-51
just cause 44
National Labor Relations Act ( NLRA ) 35, 36
coverage 36
distribution of literature 38
elections (under NLRA ) 39
employee representation 38
right to information (under NLRA ) 38, 41, 45
solicitation of workers 38
section 7 rights 36
unfair labor practices 47
of union 46
of employer 37-38
Weingarten Rights 44-45
National Labor Relations Board 35, 36
structure 36
Labor Management Relations Act ( LMRA ) 35
Landrum-Griffin Act 35, 48-49
Railway Labor Act 36
scope of bargaining
mandatory subjects of bargaining 40-41
permissive subjects of bargaining 40
nonbargainable subjects 40
Consolidated Omnibus Budget Reconciliation Act of 1985 ( COBRA ) 69-70
D
Davis-Bacon Act 73
direct dealing (in contrast with collective bargaining) 39, 40
discrimination (see Chapter II, generally)
age 5, 6, 13-14
ancestry 5
bona fide occupational qualification ( BFOQ ) 6
citizenship 7, 8
color 5, 6-7
country of origin 5, 6
disability 5, 10
disparate treatment 6
disparate impact 6
filing OSHA complaint 21
former employees 5
gender 5, 6
marital status 7
pregnant workers 8
race 5, 6
religion 5
sex 5
sexual harassment 8-10
quid pro quo 9
hostile environment 9
temporary employment agencies 5
sexual orientation 5
disparate impact (see discrimination)
disparate treatment (see discrimination)
Drive for Teen Employment Act 75, 76
drug testing 59-60
ADA and Rhode Island drug testing statute 13
duty of fair representation 46-47
dispute between members 46
E
electronic communications, monitoring of 60-61
Employee Retirement Income Security Act ( ERISA ) 73
Employee Benefits Security Administration 73
enforcement 73
Employment Security Act (see Chapter V, generally)
coverage 29-32
enforcement 29
employment-at-will (see Chapter I, generally)
protections 1
Covenant of Good Faith 2
Implied Contract Theory 2
Tortious Interference with a Contractual Relationship 2-3
Wrongful Discharge Based on Public Policy 2
workplace rules 3
employment discrimination (see discrimination)
Equal Pay Act of 1963 4, 8
ergonomics 22
essential functions 10-11, 63, 67
Excelsior List 38-39
executive orders 4, 7
F
Fair Labor Standards Act ( FLSA ) 52
holiday work 58
overtime 53
regular rate 56-57
minimum wage 53, 57
minimum wage exemptions 56
tipped employees 57
overtime exemptions 53-55
administrative 53, 54
computer employees 53, 55
creative professional 53, 55
executive 53, 54
highly compensated 53, 55
outside sales, 53, 55
professional 53, 54-55
Sunday work 58
Family Medical Leave Act ( FMLA ) 61-68 (see also Parental and Medical Leave Act )
ADA and 68
benefits during leave 65-66
enforcement 67
essential functions and 63
leave entitlement 62
key employee 63
notice requirements 64
right to return to work (reinstatement) 66-67
serious health condition 63
Fire Fighters' Arbitration Act 49
Fifth and Fourteenth Amendments (discrimination) 4
G
genetic testing 60
good faith bargaining 39
grievance (see arbitration)
H
Hazardous Substance Right-To-Know Act 21-22
enforcement 20, 22
Health Insurance Portability and Accountability Act ( HIPAA ) 68-69
creditable coverage 69
preexisting conditions 13, 68
HIV
ADA 13
protections under law 4
holiday work
FLSA 58
Rhode Island statute 58
I
Immigration Reform and Control Act 7, 8
impasse in bargaining 40, 42-43,
public sector 50-51
independent contractors
NLRA and 36
Title VII and 5
Unemployment Insurance and 29-30
wage laws and 52
Whistleblower statute and 70
Workers' Compensation and 23-24
J
Job Description Notification statute 61
jury duty 70
just cause standard in discipline 44
L
Labor Management Relations Act ( LMRA ) 35
Landrum-Griffin Act 35, 48-49
lie detector tests 59
literature, distribution of 38
M
mandatory subjects of bargaining 40-41
Material Safety Data Sheets 17-18
meal breaks
FLSA 59
Rhode Island statute 59
minimum wage
child labor and 76
FLSA 53
Rhode Island minimum wage statute 55, 57
Municipal Employees' Arbitration Act 49
Municipal Police Arbitration Act 49
N
911 Employees' Arbitration Act 49
National Institute for Occupational Safety and Health ( NIOSH ) 15, 21
National Labor Relations Act ( NLRA ) 35, 36
coverage 36
distribution of literature 38
elections (under NLRA ) 39
employee representation 38
enforcement 35-36
right to information (under NLRA ) 38, 41, 45
solicitation of workers 38
section 7 rights 36
unfair labor practices 47
of union 46
of employer 37-38
Weingarten Rights 44-45
National Labor Relations Board 35, 36
structure 36
nonbargainable subjects 40
O
Occupational Safety and Health Act ( OSH Act ) ( see Chapter III, generally )
Bloodborne Pathogens Standard 18
Chemical Hazard Communication Standard 17, 18
coverage 15-16
enforcement 20
ergonomics 22
general duty clause 16, 22
Hazardous Substance Right-To-Know Act 21
inspections 18-20
advanced notice to employers 19
worker participation 19
Material Safety Data Sheets 17-18
Personal Protective Equipment Standard 18
smoking in the workplace 22
enforcement 22
Workplace Fire Safety Standards 18
Omnibus Control and Safe Streets Act of 1968 ( Wiretap Act ) 60
overtime
FLSA 53
Rhode Island overtime statute 56
Organization of State Employees 49
P
Parental and Medical Leave Act 61-67 (see also Family Medical Leave Act )
benefits during leave 66
coverage 61-63
enforcement 67
leave entitlement 62
right to return to work (reinstatement) 67
serious illness 63
payment of wages , frequency of 58
permissive subjects of bargaining 40
Personal Protective Equipment Standard 18
personnel files, employee right to inspect 59
pre-employment physical 59
Pregnancy Discrimination Act of 1978 8
public employee bargaining 49-51
public work projects 73
R
Railway Labor Act 36
Rehabilitation Act of 1973 4
retaliation for filing complaint
child labor law violation 77
discrimination 14
OSHA 1, 21
Whistleblower 1, 70
Rhode Island Civil Rights Act of 1990 4, 5
Rhode Island Constitution 4
Rhode Island Fair Employment Practices Act 4, 5, 6, 7, 8, 10
Rhode Island State Labor Relations Act 49-50
Rhode Island State Labor Relations Board 51
right to information
under NLRA 38-39, 41, 45
under OSHA
Right To Know Act ( Hazardous Substances ) 21-22
right to refuse
OSHA and 20, 21, 22
Rhode Island statute 22
S
School Teachers' Arbitration Act 49
scope of bargaining
mandatory subjects of bargaining 40-41
nonbargainable subjects 40
permissive subjects of bargaining 40
public employees 50
Service Contract Act 73
sexual harassment 8-10
hostile environment 9
quid pro quo 9
Sexual Harassment, Education and Training in the Workplace 4
smoking in the workplace 22
enforcement 22
Social Security (including Social Security Disability Benefits )
Workers' Compensation and 27-28
solicitation of workers 38
State Police Arbitration Act 49
Steelworkers Trilogy 43-44
subjects for collective bargaining
mandatory 40-41
nonbargainingable 40
permissive 40
subminimum wage 57
Sunday work
FLSA 58
Rhode Island statute 58
T
Temporary Disability Insurance
Unemployment Insurance and 34
Workers' Compensation and 27-28, 34
temporary workers 61
discrimination and 5, 61
right to know job assignment 61
unions and 61
Title VII of the Civil Rights Act of 1964 4, 5, 6, 7, 8, 9
U
Unemployment Insurance (see Chapter V, generally)
child labor and 76-77
eligibility 29-34
enforcement 29
full-time students 30
independent contractor and 30
partial unemployment 32
retirees 31
strikers 31
teachers 30
Temporary Disability Insurance and 34
total unemployment 32
weekly benefit 31-32
Workers' Compensation and 34
unfair labor practices 47
of employer 37-38
of union 46
Uniformed Services Employment and Reemployment Rights Act ( USERRA ) 70
enforcement 72
health insurance and USERRA 71
notice of upcoming military duty 72
reemployment rights under USERRA 71
unions (see Chapter VI generally)
union stewards/representatives (see Weingarten Rights )
W
Walsh-Healy Public Contracts Act 73
Weingarten Rights 44-45
Whistleblower statute 70
Worker Adjustment and Retraining Notification Act ( WARN ) 72
coverage 72
enforcement 72
massive layoff under WARN 72
notice requirement 72
Workers' Compensation (see Chapter IV, generally)
benefits 25-28
coverage 23-24
enforcement 23
independent contractors 24
partial disability 25
right to reinstatement 28
Social Security (including Social Security Disability Benefits ) and 27-28
Temporary Disability Insurance and 27
total disability 25
Unemployment Insurance and 34
Workplace Fire Safety Standards 18
Workplace Smoking Pollution Control Act 22
