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