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Where no specific standards apply to a workplace situation, employers must follow the?

source : yahoo.com

Where no specific standards apply to a workplace situation, employers must follow the?

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Top 20 skills you need to develop your career - | myStarjob.com

Top 20 skills you need to develop your career – | myStarjob.com – Arriving at work on time and willingness to work and take responsibility are basic indicators of an employee's commitment. It could be simply promoting these to a friend or acquaintance, or it could be in a more formal environment where you are pulled in for a meeting or project.Keep up with and follow the best public health advice available. The Centers for Disease Control A. Employers have an obligation to provide a safe workplace under the Occupational Safety and A. While there are no specific OSHA standards for COVID-19, some existing OSHA standards may be…Any existing workplace policies on working from home would apply to arrangements implemented as part of the COVID-19 response. If your employee test positive for COVID-19, they must follow the health advice provided by the local public health authority and notify you (the employer) as soon as…

COVID-19 Labor & Employment Frequently… | McCarter & English, LLP – Where does the fulcrum goes in a scissors.• Where no specific standards apply to a workplace situation, employers must follow the _. A. 1910 Clause B. General Duty Clause (correct answer) C. OSHA Law D. Regulation 1926. • You have the right to complain or request a hazard _ from your employer.Workplace testing has become popular as employers screen their workers in an effort to figure out who would be the best Generally, an employer must have a sound, work-related reason to require a In addition to these general considerations, specific rules apply to the following types of tests.

COVID-19 Labor & Employment Frequently... | McCarter & English, LLP

Working from home guidance for employers | NSW Government – If a workplace has no specific standards to apply to a situation, the US employee must follow OSHA's General Duty Clause. Some ways to promote ergonomics in the workplace include providing strict rules for safety of the employers and providing specific instructions for certain tasks.Workplace harassment has a very specific definition under the law. Starting in 2019, New York State law now requires all employers to train new hires and existing employees about Each case of workplace harassment is unique. Whether it rises to a level of illegal discrimination depends on the…Developing and enforcing strong policies and procedures improves workplace culture and protects your organization from potential lawsuits. According to a study by Covestro, 71 per cent of executives say employees' desire for purpose is "prompting HR to rethink certain work policies such as paid time-off…

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The Employment Standards Act. Know your rights. – [Title: The following material is for educational purposes only and is not intended to be used as a source of legal advice.] [Title: The Employment Standards Act: Know Your Rights] Host >> Hi, I'm Camille Cendana, an Employment Standards Officer with the Ministry of Labour.
Most employees in Ontario are protected by the Employment
Standards Act, or ESA. It sets out minimum standards
for workplaces. Over the next few minutes, I'll give you
some helpful information about your rights under the ESA. You'll learn
how it may apply to you and also where to find
additional resources. You may have greater rights
under other legislation or the common law. To help ensure that employers
understand their obligations and employees know their rights, the ministry has prepared
the Employment Standards Poster which briefly describes
some of the Employment Standards in Ontario. The poster is available
for free online in English and
many other languages. To learn more about the poster requirements,
or to download the poster, visit Ontario.ca/ESAposter To see if they apply to you, try the Guide to Special Rules and Exemptions available on our website. Woman 1 >> The boss is making me work
10 hours again today. Can she just do that
whenever she wants? Woman 2 >> I don't know. She does that to me
all the time too. Host >> In Ontario there are daily
and weekly limits to how long you can be
asked to work. For most jobs,
the daily limit is 8 hours, or the number of hours in
an established regular workday, if it's longer than 8 hours. The daily maximum
can only be exceeded if you agree in writing,
including electronically. The weekly limit for most jobs
is 48 hours. But you can work more if
certain conditions are met. Your employer needs to receive
your written agreement, they must supply you with
information about your rights before you sign, and for most jobs, after 44 hours
of work in a work week you must receive overtime pay. The overtime rate must be
at least 1½ times your regular
rate of pay. Eating periods are also
regulated by the ESA. Most employees must not work more than five consecutive hours without a 30-minute unpaid
eating period. You can learn more about
overtime, eating periods, and the daily
and weekly limits at Ontario.ca/hoursofwork. Employer 1 >> Well, you got the job, but times are tough so I can only give you
.00 an hour. Employee 1 >> That's not even minimum wage. Host >> Most employees are entitled
to be paid at least the general
minimum wage. However, there are different
minimum wage rates for students, liquor servers, homeworkers,
and hunting and fishing guides. For current rates visit
Ontario.ca/minimumwage. Employee 2 >> So, I haven't been paid in
three weeks. My rent is coming up due. When am I going to get
paid next? Host >> Employers must establish a
regular pay period and pay employees on a
regular payday. An employer can pay wages
by cash, cheque, or direct deposit
into your bank account. You must also be provided
with a pay stub or wage statement on or
before the established payday. The pay stub lists both
the wages and any deductions made
in the pay period. Only certain kinds of deductions are allowed to be taken
from your wages. You can watch the
Ministry of Labour's video, Illegal Deductions from Wages on the Government of
Ontario's YouTube channel to find out more. Camille >> Hey Karen, how are you? Karen >> Hi Camille, how long do you have to
work here to get a vacation? Camille >> I think it's about a year. Host >> Generally, after completing each 12 month
period of work employees with less than 5 years
of employment are entitled to two weeks
of vacation time and employees with 5 or
more years of employment are entitled to three weeks. In most cases, employees with less than
5 years of employment are also entitled to receive
vacation pay – which is at least 4% of
gross wages earned in the vacation
entitlement year, while employees with
5 or more years are entitled to receive
vacation pay which is at least 6% of gross wages earned in the
vacation entitlement year. The vacation pay earned must be paid to an employee
in a lump sum before they take vacation time. But if you and your
employer agree electronically or in writing, vacation pay can be paid
on each paycheque or at any other time To learn more about
vacation time and pay, read the Vacation chapter
in Your Guide to the Employment Standards Act, available at
Ontario.ca/vacation. Employee 3 >> Working this holiday,
it's so busy today. Employee 4 >> At least we get paid extra. Host >> There are nine public holidays
in Ontario every year. Most employees are entitled
to take these days off. Some employees work
in industries where they may have to work
on a public holiday. If you are asked to work
on a public holiday you may be entitled to either: your regular pay plus a
different day off with public holiday pay, or public holiday pay
plus premium pay, which is at least 1.5 times
your regular rate, for each hour worked
on the holiday. To learn more about
public holidays, read the public holiday chapter in Your Guide to the
Employment Standards Act, available at
Ontario.ca/publicholidays. Employee 5 >> I've only worked here
for 6 months; do you know if I can
take a leave? Employee 6>> I don't know,
that's a really good question. Host >> If you're protected by the ESA, you have the right to take
unpaid time off, as a leave of absence,
for certain reasons. It doesn't matter if you're
a full-time, part-time, permanent,
or term contract employee. There are a number of different
leaves you may be entitled to, Your employer can't punish or terminate you for taking
a protected leave and, in most cases, they must return you to your
job when your leave is over. Information on all the different
leaves of absence is available in Your Guide to
the Employment Standards Act. Employee 7 >> Hello, you asked to see me? Employer 2 >> Hi Linda, thank you for coming. You're a good employee, and
have been for the last 4 years, unfortunately the business
is no longer profitable. I'm going to have to let you go. Sadly, 4 weeks from today
will be your last day. Here's your written notice. Host >> In most cases, if you're terminated,
your employer must give either: notice of termination,
termination pay, or a combination of both. The amount you may be
entitled to depends on how long you
worked for your employer. You're only eligible if you've
been employed continuously for at least three months. Please note that the ESA
establishes only minimum employment
standards, you may also have rights
under the common law or other legislation. To find out if you might be
entitled to termination notice or pay, try our Termination Tool available at
Ontario.ca/ESAtools. Employee 8 >> Hey Chris, I heard you were
going to ask the boss to start paying you
overtime pay. Employee 9 >> Yeah. Employee 8 >> I wouldn't do that
if I were you. Employee 9 >> Why not? Employee 8 >> The last guy who asked
about getting his overtime pay was fired. Employee 9 >> Really? Thanks. Employee 8 >> No problem. Host >> It is illegal for your employer to penalize you for exercising
your rights under the
Employment Standards Act, or for asking about them. That means, your employer
cannot: intimidate you, fire you, suspend you,
punish you, or threaten any of these actions
for exercising your rights or asking about them. If your employer does,
it's called a reprisal, and your employer
can be ordered by an Employment Standards
Officer to: compensate you for any
loss incurred because of a reprisal, reinstate you to your job, or both compensate
and reinstate you. Employee 10 >> Hi, Sue. So my last day is on Friday; I wonder when I'm supposed
to get my last paycheque? Host >> If you have a question
about the ESA or need information on
how to file a claim, you can contact the
Employment Standards Information Centre at 1-800-531-5551. Information centre staff can
help you understand your rights, and answer your questions
in English, French, and many other languages. When you call, you don't have
to provide your name or the name of your employer.
And remember, your employer cannot punish you for talking to
the Ministry of Labour. If you believe that
you have not received your entitlements under the ESA, you can file a claim. A claim can be filed with
the ministry in a number of different ways. To access the employment
standards claim form, visit
Ontario.ca/ESAforms. Unionized employees should talk
to their union representative for help with their issue. There are other ESA rights and special rules that
I haven't touched on, including, severance pay and rules for assignment
employees of temporary help agencies. For more information
on all your rights, please visit our website Ontario.ca/employmentstandards or call our Information Centre:
1-800-531-5551. Information is available in
English, French, and many other
languages. .

Supreme Court delivers blow to workers' rights, making it more difficult to sue employers – AMNA NAWAZ: There was major legal news out
of Washington today.
The Supreme Court weighed in once more on
the balance of power between workers and employers. William Brangham has more. WILLIAM BRANGHAM: This is the latest major
ruling affecting corporate America to come out of the court under Chief Justice John
Roberts. Today, the focus was on workers' ability to
take collective action, legal action against their employers. Many non-union workers are blocked from doing
that because of their employment contracts. Instead, they must take their claims to what's
known as arbitration, a process labor groups say unfairly benefits companies. In a 5-to-4 ruling today, the court ruled
that the practice is allowable under federal law. Here, as always, to dissect what the justices
wrote is Marcia Coyle of "The National Law Journal." Welcome. MARCIA COYLE, "The National Law Journal":
Thank you. WILLIAM BRANGHAM: So, tell us what the cases
were that were involved here today and what the justices ruled. MARCIA COYLE: OK. There were a group of workers for three different
companies who wanted to bring claims against their employers, generally wage and hour claims,
and some of them wanted to band together as a group because of the amount of money involved
individually wasn't a lot. WILLIAM BRANGHAM: They were saying, we weren't
paid appropriately by the company? MARCIA COYLE: That's correct. They maybe were misclassified, and some felt
they deserved overtime. So when they brought those claims and tried
to band together, they were told by their employers, you cannot do this. Under our workplace arbitration, agreement
we prohibit collective actions or class actions. The workers then turned around and they challenged
this ban in their arbitration agreement, saying that it violated the National Labor Relations
Act, which, as you know, William, applies not just to union workers, but applies to
almost all private employees in the United States. And it protects or guarantees the workers'
rights to engage in collective action, to unionize or to do it just for their mutual
aid and protection. So that was the issue that came before the
Supreme Court. The employers say, no, the Federal Arbitration
Act says that arbitration agreements have to be enforced according to their terms. The issue before the Supreme Court was, you
know, what gives? WILLIAM BRANGHAM: Which law? MARCIA COYLE: Does — right, does the National
Labor Relations Act, which, by the way, was enacted in 1935, does that prevail, or does
the Federal Arbitration Act enacted in 1925 prevail? Justice Gorsuch led the 5-4 majority in this
case. The other four justices with him were on the
conservative side of the court, and he ruled that the Federal Arbitration Act says you
have to enforce the agreement according to its terms. Workers, you cannot band together. You have to bring your claims individually. WILLIAM BRANGHAM: Can you explain for people
who haven't been following along what an arbitration clause essentially says? MARCIA COYLE: Basically, it's saying that,
if you have a claim against the employer, you have to go into private arbitration. In that kind of a proceeding, generally, the
employer finds an arbitrator — there are associations of arbitrators — to come in. It's supposed to be a neutral arbitrator to
hear your claim and make a decision. You are bound by that decision. And roughly 25 million employees in the United
States are under these arbitration agreements that include bans on collective or class actions. WILLIAM BRANGHAM: And these are clauses many
times people have no idea they're really even signing. MARCIA COYLE: Generally not. Sometimes, they're in very small print. That's often the case with consumer arbitration
agreements. Back in 2011, the Supreme Court upheld class
action bans in consumer arbitration agreements. This was sort of the last battleground for
employers, workplace arbitration agreements. WILLIAM BRANGHAM: So, Judge Gorsuch wrote
the majority opinion for the conservatives. MARCIA COYLE: This was sort of the last battleground
for employers, workplace arbitration agreements. WILLIAM BRANGHAM: Judge Gorsuch arbitration
agreements. MARCIA COYLE: Yes. WILLIAM BRANGHAM: And they held sway today. Justice Ginsburg wrote the dissent. And I take it she took a somewhat position
of reading it from the bench. What was going on there? MARCIA COYLE: She did. When a justice feels particularly strongly
about a dissent in an opinion, that justice will — has the opportunity to read a summary
from it from the bench of that dissent, just as the justice who has the majority opinion
can read a summary of his or her majority opinion. Justice Ginsburg, it was clear from the arguments
in this case earlier in the term, felt very strongly. And during her summary of it from the bench
today, she called these arbitration agreements arm-twisted, take-it-or-leave-it agreements
that hearken back to a very early era. They used to use the term yellow dog contracts
that employers would use to prevent employees from joining unions or prohibit them from
joining unions. And she felt that the court, over the years,
has taken the scope of the Federal Arbitration Act away from what Congress intended, that
it was originally enacted to encourage arbitration between merchants. But now, as we just — as I just said, it's
been extended to consumer agreements and now workplace agreements also. So she read the text of those two laws that
were at issue and the history, very differently, from Justice Gorsuch. Justice Gorsuch looked at the labor law and
said there was nothing in it about arbitration, and if Congress meant the labor law to supplant
the arbitration law, the Congress has to make that — its intent manifestly clear, and didn't
do that. She felt the two laws could exist together,
but she felt that the class action and collective action bans in the law were really unlawful
labor practices. WILLIAM BRANGHAM: Marcia Coyle, as always,
thank you so much. MARCIA COYLE: My pleasure. .