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Garcia v. San Antonio Metropolitan Transit Authority, 469 U.S. 528 (1985), is a landmark United States Supreme Court [1] decision in which the Court held that the Congress has the power under the Commerce Clause of the Constitution to extend the Fair Labor Standards Act, which requires that employers provide minimum wage and overtime pay to their employees, to state and local governments. [2]
Generally, an employer with at least $500,000 of business or gross sales in a year satisfies the commerce requirements of the FLSA, [6] and therefore that employer's workers are subject to the Fair Labor Standards Act's protections if no other exemption applies. Several exemptions exist that relieve an employer from having to meet the statutory ...
Often, employers will use BFOQ as a defense to a Disparate Treatment theory employment discrimination. BFOQ cannot be a cost justification in wage gaps between different groups of employees. [96] Cost can be considered when an employer must balance privacy and safety concerns with the number of positions that an employer are trying to fill. [96]
Employment testing is the practice of administering written, oral, or other tests as a means of determining the suitability or desirability of a job applicant. The premise is that if scores on a test correlate with job performance, then it is economically useful for the employer to select employees based on scores from that test.
Employment discrimination against persons with criminal records in the United States has been illegal since enactment of the Civil Rights Act of 1964. [citation needed] Employers retain the right to lawfully consider an applicant's or employee's criminal conviction(s) for employment purposes e.g., hiring, retention, promotion, benefits, and delegated duties.
The second section asks the subject what type and amount of theft and/or counter-productive behavior they have been a part of with past employers or any other illegal behaviors. [4] Typical questions for this section might ask if someone has thought about stealing something or what amount the test taker has stolen from past employers. [3]
On the other hand, an employee who acts as a "whistleblower" may or may not be engaging in concerted activity; if the complaint is entirely individual and the employee has not discussed it with co-workers, it is unlikely to be protected by the National Labor Relations Act (though it may well be protected under some other public policy). [15]
The Employee Free Choice Act would have amended the National Labor Relations Act in three significant ways. That is: section 2 would have eliminated the need for an additional ballot to require an employer recognize a union, if a majority of workers have already signed cards expressing their wish to have a union