Quote:
Originally Posted by ebacon
The recent thread about the Republic of Texas got my brain churning. While they have many things that most of us disagree with, they also have some things that most of us also seem to agree with. For example:
1) favoring personal responsibility in business over the nebulous responsibility inherent in corporations, and
2) limiting corporate money in politics.
Are either of those things common ground? If not, how would you split the hairs between your position and theirs?
Note that unions would be treated as corporations since both are simply clubs of people, one on the side of workers and the other on the side of management. D-Ray can probably enlighten us more on how big a club has to be to fall under the jurisdiction of labor law. I don't recall the number, but I think that employers with fewer than fifty employees are generally exempt from the most burdensome federal regulations when it comes to employer/employee relationships.
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To give my most lawyerly answer - It depends.
The anti discrimination statutes, Title VII and the Age Discrimination in Employment Act and the Americans with Disabilities Act generally require fifteen employees on the payroll to apply. State Statutes will generally apply to employers with fewer employees - from 5 to 10.
The Fair Labor Standards Act (overtime and minimum wage) depends on the volume of business in which an employer engages.
The Family and Medical Leave Act covers employers if they have fifty employees within a 75 mile radius.
Employers are subject to the coverage of the National Labor Relations Act if they are engaged in an industry affecting commerce - which under particular circumstances might apply if the employer has only one employee.
Those are the most common statutes. A myriad of other regulations apply to employers who want to do business with the federal government.
Unions are subject to the discrimination statutes based on their numbers of members rather than employees. The Labor Management Reporting and Disclosure act places exacting financial and record-keeping requirements on unions, some of which a business would never put up with. For example, if an employer and union officers meet over lunch, the union can pick up the check with no problem, but the union officers can get nailed if the employer picks up the check.
Regards,
D-Ray