Employee Rights and Benefits

Presenter: Mark Kille Date: Tue Feb 21 2012

Currently 32 Free Geek Employees! We are categorized as a "Large Employer" by the State of Oregon

In the State of Oregon: If a conflict exists between Federal and State Law, whichever is more favorable to the Employee is implemented

EMPLOYMENT

 * Independent Contractor
 * Temporary


 * Co-partner
 * Volunteer
 * Agree to work without pay, and don't do the same tasks as paid workers
 * Employees are legally allowed to do volunteer work


 * Intern/Student employee
 * Tangible job skills, course credit

RIGHTS
Minimum wage: $8.80/hr
 * Safety & Health
 * Employers cannot retaliate against Employees who bring Safety and Health concerns to light


 * Polygraph Protection
 * Employers are not allowed to use the results of a polygraph in anyway


 * Wages & Hours
 * We are subject to Child Labor laws
 * Payments must be regularly occurring, in cash or check
 * When under-payment occurs:
 * If < 5% of paycheck, can rollover to next pay period
 * If >= 5% of paycheck, payment must be presented within 3 business days
 * Deductions cannot be implemented on paycheck unless required by law, or employee consents
 * Employers cannot retaliate against employees who file wage claims
 * Employers reserve the right to demand mandatory overtime, but cannot regularly schedule overtime
 * Statutes of Limitations exist


 * Investigations
 * Personnel records are to be maintained for each employee
 * Employees are able to see their own personnel files, no one else's:
 * Employees can dispute items in the personnel records, and are afforded the right to make a written response to be included in the record


 * Paid/Unpaid Breaks
 * CBAs are able to override State and Federal laws
 * 15 minute paid breaks for shifts from 2hrs, 1min - 3hrs, 59min
 * Breaks cannot be broken in smaller pieces  :[
 * 30 minute unpaid meal break from 6hrs - 11hrs, 59min
 * 6-7hrs means break is taken between 2nd and 5th hours
 * 7+hrs means break is taken between 3rd and 6th hours
 * Breaks relieve you of all duties
 * Requiring resuming duties before the conclusion of a 15 minute break resets the clock, and a break has not legally been taken
 * Employees who are breastfeeding are afforded additional time and accommodations to meet their needs
 * Law requires that Employers are able to demonstrate that breaks are being offered and occur


 * Wiengarten Rights
 * Bargaining Unit members reserves the right to request representation for investigatory/disciplinary meetings
 * Representatives can be anyone
 * Employers Can either.:
 * 1) Wait until representative arrives
 * 2) Discontinue meeting
 * 3) Ask for consent of Employee to conduct interview without representative


 * Right to unionize
 * Right to waive any of the above rights
 * Right to union support in grievances
 * Protection from Discrimination
 * Protected Classes (Supplemental sheet)
 * Three kinds of Discrimination:
 * Intent
 * "You're French, you're fired."
 * Differential Treatment
 * "You're French, so you get a raise."
 * Adverse Impact
 * "Sing me the French National Anthem, or you're demoted."
 * All harassment is discrimination, not all discrimination is harassment
 * Harassment is repeated behavior that causes duress or discomfort
 * "Repeated" is vague by design

BENEFITS

 * FMLA/OFLA (Family Medical Leave Act/Oregon Family Leave Act)
 * Free Geek uses OFLA, with extensions under the CBA
 * In the event of certain emergencies, 12 weeks paid leave per 12 months
 * Serious health condition
 * Domestic Partner w/ serious health condition
 * Family member w/ serious health condition
 * Pregnancy, and/or post natal care
 * Caring for new born, newly adopted, or newly fostered child


 * Dental Insurance
 * Medical Insurance
 * Retirement
 * Flexible Spending Account
 * Deductions from paychecks that are submitted to an account to help pay for costs not covered by Health Benefits
 * "Use it or Lose it"
 * Anything not used goes back to Free Geek


 * Paid Time Off
 * Calculated from actual hours paid


 * Unpaid Leave