The following laws are for all employees benefits in the United States. Know them, understand them, read case law, and you will go far in protecting your rights. Employers are much less likely to bully, harass, or terminate individuals who know their rights. Confirm everything in writing, know which questions are illegal when you are interviewed or questioned for any reason, keep accurate records of as much as possible, when communicating serious concerns with HR send it via certified mail, and use your local bar association to seek out qualified employment attorneys. Knowledge is power!
Whistleblower Laws- There are a variety of laws that protect whistleblowers. Here is a good reference.
The Age Discrimination and Employment Act (ADEA) protects those age 40 to 70 from being arbitrarily fired, refused a job, forced to retire, or treated unfairly do to a host of reasons because of age.
Older Workers Benefit Protection Act (OWBPA) – This helps companies protect themselves with waivers from claims do to ADEA above. If you are not sure what you are being asked to sign, consult an employment attorney because you could be due a lot more than you are receiving.
The Americans with Disabilities Act (ADA) protects those with disabilities.
The Immigration Reform and Control Act (IRCA) protects American citizens from being undermined by illegal labor.
The Federal Polygraph Protection Act (FPPA) protects against citizens from lie detector tests.
The National Labor Relations Act (NLRA) protects you when discussing an employer’s labor practices. If you are terminated due to a comment on a social networking site you may have a lawsuit due to breach of your privacy rights. The National Labor Relations Board acts as a court regarding labor law.
The Taft-Hartley Act protects union members from the excesses of employers.
The Landrum-Griffin Act protects employees from union excesses.
Labor Relations Management Act (LRMA) Section 301- allows union members lawsuits against union and employer when there is failure to follow CBA collective bargaining agreement.
The Federal Fair Reporting Act (FFRA) places restrictions on employer’s use of your credit report. Employers are forbidden from using credit reports for hiring decisions. The same is also true of investigative reports.
The Federal Family Educational Rights and Privacy Act (FFERPA) transcripts, recommendations, and financial information are confidential without a student’s consent.
The Uniform Deceptive Trade Practices Act (UDTA), The Racketeer and Corrupt Organizations Act (RICO), and many other labor statutes protect you against phony employment and mail schemes. Know the laws in these areas and you will spot phonies in classified ads more readily. Contact the Federal Trade Commission to investigate any claims in this area.
Family Medical Leave Act (FMLA) guarantees your job, duties, title, and pay while on medical leave.
Occupational Safety and Health Act (OSHA) requires employers to provide a safe and healthful work place.
Civil Rights Act 0f 64 and 91- Protects against discrimination based on race, color, religion, gender, disability, or national origin.
Federal Equal Pay Act- People doing the same job must be paid equally. This does not apply to temporary and part-time workers.
The Lilly Ledbetter Fair Pay Act- This law extends the time to 180 days past the last pay check that an employee can file a claim of pay discrimination. Always ask your co-workers what they are being paid to see if you are being paid equally.
Federal Social Security Act- Guarantees benefits to qualified hardships, ages, and disabilities.
Pregnancy Discrimination Act (PDA) – Pregnancy must be treated fairly as any other medical condition.
Consolidated Omnibus Budget Reconciliation Act (COBRA) – It gives employees the right to pay premiums for and keep the group health insurance that they would otherwise lose after reducing their work hours, quitting their jobs, or losing their jobs. Most people can keep the insurance for up to 18 months. Some people may be able keep it a few months longer.
Employee Retirement Income Security Act (ERISA) – protects the assets of millions of Americans so that funds placed in retirement plans during their working lives will be there when they retire.
Health Insurance Portability and Accounting Act (HIPPA) – Provides the ability to transfer and continue health insurance coverage for millions of American workers and their families when they change or lose their jobs and requires the protection and confidential handling of protected health information.
Worker’s Compensation- Generally covered under state law. Know your states laws in this area.
Federal Privacy Act- forbids the disclosing of information by Federal employees of information in employee files.
Drug Free Workplace Act- Federal contractors and government agencies have to provide a drug free environment.
Worker Adjustment and Restraining Notification Act (WARN)- Employers with more than 100 employees are required to give employees and communities 60 days notice of impending layoffs and plant closings that are either permanent or temporary.
Laws on Employee Files- Each state has its own laws. It’s a good idea to review your employee file, especially if your employer is treated you unfairly. It is a good idea to make copies of permissible items, and record what is in it neatly on a legal pad. If an issue ever arises, you will be able to prove that items were added after the fact, and more and likely they will be inadmissible in court. If you find anything you disagree with, place a written rebuttal in the file explaining the situation. There are always two sides to a coin.
Employee Searches- The fourth amendment to the constitution provides protection against unreasonable search and seizure. This applies to government employees, but the lines are a little more screwed for private employers. However, you cannot be searched without a reasonable suspicion given to you. Consult and employment attorney if you feel you have been violated.
Employee Interrogations- If you are restrained or held in a room without being able to leave this is false imprisonment. You have the right to leave a room anytime, remain silent, and consult an attorney. Never be afraid to assert your rights.
Wiretapping and Eavesdropping- Laws vary widely from state to state. Know your states laws. They are generally regulated by the Omnibus Crime Control and Safe Streets Act of 1968. Generally speaking, you should be notified if you will be taped. Employers should also keep information from third parties. If the information is improperly released to non-essential parties it could be a costly expense and lawsuit against the employer.
Social Networking and Blogs- It is often illegal for companies to hire or fire based on what is on a social networking site or blog. This applies to “at-will” employment too. Companies usually violate a host of laws regarding privacy, discrimination, and fair financial practices. If you believe an employer has used information acquired in this manner against you, refer to an employment attorney.
Free Speech- Has been protected by many court cases since the 1960’s. However, it is a good idea to know the law before you speak freely.
Here are several rulings based on public employment.
Generally speaking, rights for private employees are being protected by the courts more each day. If you feel your rights are being violated contact and employment attorney.
Off Duty Conduct– If you are dismissed from work do to your private life, or off-duty conduct, consult and employment attorney immediately. You could have a case of wrongful dismissal or defamation suit.
Employee Interviews- Several laws are violated by improper questions. If you are not sure if a question was illegal research it or contact an employment attorney. Employers often are aware that they ask illegal questions and try to circumvent the rules by asking a general question, “Tell me about yourself.” This allows you to disclose information that might be illegal for them to ask. A good response would be, “What exactly would you like to know.” Make them be specific and take notes at the interview.
For further information I highly recommend,”The Employee Rights Handbook-Effective Legal Strategies to Protect Your Job From Interview to Pink Slip” by Steven Mitchell Sack
My favorite poem is Rime of the Ancient Mariner by Samuel Taylor Coleridge. It just so happens that my favorite song on bass, that I have been learning, is Rime of the Ancient Mariner by Iron Maiden. A really technical and well-written piece of literature, and a technical monster of a song by Iron Maiden that lasts around 13:30 min/sec. based on the poem.
Samuel works my mind and Steve Harris’s licks give my fingers plenty of exercise.
I took this photo while riding my bike. I looked down and said to myself,”I love these colors together!” The purple little fuzzy flowers are awesome. First time seeing them.
I read this on news site recently and thought it was excellent. This is great relationship and family advice.
For a Healthy Relationship, Never Say No to Cuddling
When couples come to see me with their first complaint being that they haven’t had sex in several months, there is palpable tension. They panic, and search for reasons why. When sex is going well, it is 5% of the relationship. However, when sex isn’t going well, it may become 95% of the relationship. A recent study reported in the Daily Mail suggested that more important than sex for a couple’s happiness and health is cuddling. Cuddling provides many benefits besides a sense of security and closeness. It also provides stimulus to our olfactory centers (the smell of our partner makes us feel loved) and our touch centers, and it helps to release oxytocin (the feel good hormone that helps us feel love toward our partner). Cuddling also provides another form of communication that sexual intercourse doesn’t. It allows us to feel closer without draining our energy. Sometimes the best communication happens when couples are holding one another.
Many times, couples’ first homework assignment from me is to begin touching each other more and talking less. When sex isn’t going well, not only do you lose that physical connection but you lose the emotional connection too. Often you become more critical of your partner as well as irritable and annoyed. The emotional connection is much more important than the sexual one, because the emotional connection determines if the sexual one will happen, and how frequently. Touching and cuddling is the best way to restore and build the emotional connection. When couples touch, they let down their guard, and begin feeling love and acceptance toward their partner. If cuddling is continued, the feeling of love and connection leads to better communication and sex.
Women may fault men saying they don’t like to cuddle and jump too quickly to sexual intercourse. My practice as well as the Kinsey Institute for Research in Sex, Gender and Reproduction suggests this is not true. According to Kinsey’s research, among couples in committed relationships, tenderness may be more important to the man than the woman; regular kisses and cuddling lead to greater relationship satisfaction in men than in their partners, especially as they grow older. When I talk to couples and ask them to list the number one problem in their relationships, it is men, not women saying the lack of intimacy. When I question further, they talk about missing the touching, caressing, and soft talking they once shared with their partner.
The time to begin cuddling is early in the relationship. If you have let that go with raising kids, or demanding careers, you can still get it back. Adding a little bit of time into your day to hug or touch your spouse will add a closeness you may have felt was gone forever. You may not need to mention it to your partner. Sometimes their noticing changes in you without you talking about makes it more special. However, if you have a partner who feels like you only touch them when you want sex, then communicating with them about the benefits of cuddling may be a better option. Reassuring them that it is the intimacy and closeness that you want may be enough to convince them to cuddle. Here are a few tips to help you get started with your “cuddle plan.”
1.You can cuddle anywhere, which makes it convenient, but being captive together makes it more special. Places like airplanes or movie theatres are a great place to begin cuddling.
2.No one likes to cuddle on a hard surface, so make sure you have a “cuddle sofa,” or overstuffed chair where you both fit comfortably.
3.No one likes to cuddle with a computer on their partner’s lap, so get rid of laptops, cell phones, iPhones, and iPads.
4.Smoking while cuddling is not wise. Getting burned or the smell of smoke in your face causes coughing and disgust.
5.Talking softly while cuddling is desired.
6.Kissing is not necessary, but is nice while cuddling.
7.Being a good listener while cuddling is also important, remember your partner will feel more secure and may want to tell you things they have not said before.
8.Being gentle is part of cuddling.
9.Cuddling has no objective other than to feel close to your partner…so don’t rush to finish.
10.Cuddling is helping your partner and you to be healthier with lower blood pressure and respirations. Imagine your ability to heal.
Whenever I talk to a person who lost their spouse and I ask them what they miss most, they tell me many things. At the top of their list is the sense of being held by that person. The hugs, the way their skin smelled, and how that person made their body feel when they were near. Stress, illness, and depression can affect sexual performance, but anyone can cuddle. A couple’s ability to cuddle, not to perform sex, is one of the best predictors of an emotionally/physically close, happy, and healthy relationship. –Mary Jo Rapini
Albert Moyer, Jr. 