Employee Rights and Benefits

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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