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<br />nG:Ji56 <br /> <br />Employment Law- <br />. (Callti/wed from Page 6) <br />G. The Equal Pay Act <br />The Equal Pay Act prohibits pay discrimi. <br />nation on the basis of sex. Males and females <br />are covered. <br />H. The Immigration Reform and Control <br />Act of 1986, <br />This law makes it unlawful for employers <br />to knowingly hire illegal aliens and requires <br />employers to attest to the legal right of each <br />employee to work in the United States. It pro- <br />hibits employment discrimination on the basis <br />of national origin. <br />1. The Consolidated Omnibus Budget <br />Reconciliation Act of 1985 (COBRA). <br />This law applies. to an employer who em- <br />ploys 20 or more employees who work at least <br />50"/.. of the working days during the calendar <br />year. These emplo)'ers must offer each "quali- <br />fied beneficiary" (e.g., emplovee, spouse and <br />certain children) who would othenvlse lose <br />health insurance coverage asa result of a "quali- <br />fying event" (e.g., termination of employment, <br />death of employee) an opportunity to elect con- <br />. tinuation of health insurance coverage. <br />J. Employee "olygraph Protection Act <br />of 1988, <br />lhis law places severe restrictioIL<; on the <br />use of polygraph testing in the work place. <br />Certain exceptions appl}: Federal, state and lo- <br />cal governments are exempt from coverage. <br />Polygraph tests may be used in the private <br />sector in coItrlection with certain economic <br />losses suffered by an employer ,md employee <br />of security firms, etc. <br />K. Worker Adjustment and Retraining <br />Notification Act (WARN). <br />Any employer with 100 or more employ- <br />ees must provide \-witten notice to its employ- <br />ees ,15 \...'e11 as certain state and local officials 60 <br />days in advance of any plant closing or mass <br />lavoff. <br />L.. Occupational Safety and Health Act <br />(OSHA), <br />TIUsAct and the regulations promulgated <br />therelmder set forth cert.lin safety and health <br />requirements to be maintained by. affected em- <br />ployers. . <br />.\1. National Labor Relations Act <br />It nus law provides ru1~ and regulations <br />concerning the instihltion and maintenance of <br />collE'Ctive bargaining representati\"es (muons) <br />in the work place. <br />\:. Employee Retiremenllncome Security <br /> <br />- - - - - - -CRW~- - <br />------ -- <br />- <br />----~.----~ <br /> <br />Act (ERISA), <br />This Act sets forth a variety of rules which <br />protect employee retirement benefits. <br />O. Executive Order 11246. <br />As a result of this executive order signed <br />by President JohrL'iOn, government contractors <br />are required to have affirmative action plans, <br />subscribe to an Equal Employment Opportu- <br />nity policy and certify that they do not main- <br />tain segregated facilities. Employers affected <br />by the affirmative action plan requirement are <br />those employers with government contracts or <br />subcontracts in excess of$50,COO if they have 50 <br />or more employees. <br />rv. COLORADO STATE STATUTES, <br />Colorado has many state statutes which paral- <br />lel federal statutes. For~ example, the Colorado La- <br />bor Peace Act is similar to the National Labor <br />Relations Act. <br />A. Colorado Civil Rights Act. <br />This law is similar to TItle VII of the Civil <br />Rights Act of 196-1 except it applies to all em- <br />ployers within the State of Colorado without. <br />regard to the size of their work force. In addi- <br />tion, this lav... prohibits di<;crimination on the <br />basis of handicap (similar to the ADA or Reha-' <br />bilitation Act of 1973) and on the basis of mari- <br />tal status. The law is administered by the <br />Colorado Civil Rights Division which is a state <br />regulatory agency. <br />B. Colorado Wage Payment Statute, <br />1his law concerns the timely payment of <br />wages to employees and imposes penalties for <br />an employer's failure to pay wages when and <br />as due. <br />C. Colorado Employment Security Act <br />This law providt'S lmemployment CQm- <br />pen..<;;ation benefits to certain employees W1em- <br />played through no fault of their own. <br />D. Worker's Compensation Act <br />nus law pro\'ides certain benefits to em- <br />ployees injured on the job. <br />\( TIlE COMMON LAW CLAIMS UTILIZED <br />IN TIlE EMPLOYMENT CONTEXT, <br />A growing trend in employment law is for <br />employees to utilize common law claims as the <br />basi... (or suits arising out of the emplovrnent rela- <br />tionship. . <br />A. Defamation. <br />Lawsuits based upon harm to an <br />employee's reputation. <br />B. Outrageous Conduct. <br />An employer acts with utter disregard for <br />and reckles..';;ly with resl-X'Ct to an emplovee's <br />feeling. ' <br />(Conti1lued on PaSt' 8) <br /> <br />7 <br />