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The National Labor Relations Act guarantees employees the right to self-organization, to bargain collectively through representatives of their own choosing, to engage in concerted activities for their mutual aid and protection, or to refrain from any of these activities.
The National Labor Relations Board, with a regional office located in downtown Baltimore, is the federal agency assigned to investigate alleged violations of the law and enforce the law by prosecuting offenders.
The Act requires employers in certain circumstances to make reasonable accommodations for disabled individuals so these individuals may be able to perform the essential functions of a job.
For example, recovering alcoholics, former users of illegal drugs, mental retardation, paraplegia, schizophrenia, cerebral palsy, epilepsy, diabetes, muscular dystrophy, multiple sclerosis, cancer, infection with HIV, visual, speech and hearing impairments may be covered under the ADA. Supervisors and employees are strictly prohibited from sexually harassing other employees, whether the harassment results in tangible job harm such as a firing or demotion or other reprisal for refusing sexual advances, or intangible job harm stemming from severe and pervasive harassment.
The Section of Labor Law and the Public Awareness Committee of the Maryland State Bar Association have prepared this information.
It is intended to inform the public and not serve as legal advice.
All employees who complain to the boss about certain working conditions on behalf of co-workers may not be discriminated against because the employee is engaged in protected concerted activities.
Employees who jointly refuse to perform an unsafe and dangerous work assignment cannot be disciplined for their joint refusal.
Continued The rights of employees working in Maryland are protected by federal, state and local laws, as well as by common law through the actions for breach of contract, and intentional and negligent unlawful acts.
If an employee is fired from union activity, the NLRB will seek to have the employee reinstated to his or her job with full back pay.
The Act imposes certain requirements upon labor organizations that represent workers.
Under this Act, employees who are unrepresented have the right to join together to form a union or seek to have an existing labor organization represent them without fear of retribution by the employer.
If a majority of employees select the labor organization to represent them, the NLRB will certify the organization and require the employer to bargain with this group regarding wages, hours and other terms and conditions of employment.