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The Office of Labor Management Standards
In 1959, Congress passed the Labor-Management Reporting and Disclosure Act (LMRDA) to make sure that labor unions met certain fiscal responsibility standards and to guarantee that unions would incorporate democratic principles into their governing structures. Congress created the Bureau of Labor-Management Reports, which in 1963 became the Labor-Management Services Administration, to administer the LMRDA. In 1984, the Labor-Management Services Administration became known as the Office of Labor Management Standards (OLMS).
What are Right-to-Work Laws?
Under most right-to-work statutes, "open shops" are required. Under an open shop structure, employees are free to choose whether or not they wish to join a union. Non-union members may not be required to pay fees to the union.
Scope of the National Labor Relations Act
Congress passed the National Labor Relations Act in 1935 to regulate transactions between labor unions or organizations and private employers. Enforcement of the Act rests with the National Labor Relations Board, its General Counsel, and its regional offices. The major duties of the Board are to investigate allegations of unfair labor practices and to ensure that they are stopped. The Board is also tasked with overseeing and certifying elections through which employees decide whether they will be represented by a union and, if so, which union will represent them.
Federal Sector Alternative Dispute Resolution
Federal employees are protected from workplace discrimination by a number of laws. The Equal Employment Opportunity Commission (EEOC) is responsible for coordinating anti-discrimination efforts in the federal workplace, including enforcing all non-discrimination legislation. Portions of the following laws exist to forbid workplace discrimination in much of the federal sector:
Independent Contractor or Employee?
There are many important distinctions between the way that hiring parties must treat employees and independent contractors. For example, hiring parties must withhold payroll taxes for their employees, but not for independent contractors. Independent contractors are also not entitled to be covered by employer benefit plans. Although the differences in required treatment are great, the distinction between an employee and an independent contractor is not often so easily drawn. Thus, a hiring party that incorrectly classifies its workers can incur great legal liability.
