The state of North Carolina encompasses the right-to-work laws. A "Right-to-Work" law may be defined as an act, which prohibits an employer to require an employee to be a member of a union as a condition for obtaining, or retaining employment (Cronin, 2016). They are legislative statues that prohibit enforcement of labor union membership. The right-to-work laws prohibit the payment of dues as the conditions designating hiring, promotions, and retention. They also forbid the requirement that non-union members be responsible for mandatory payment of the union dues. The state protects employee rights to right-to-work conservations. It does not allow for coerced collective bargaining agreements. According to the Department of Labor guidelines, the state prohibits forced union membership.
The North Carolina Equal Employment Practices Act safeguards the rights of persons to seek and obtain employment without facing discrimination based on race, gender, color, or disability. The state law mandates collection of information regarding the hiring of employees such that non-custodial parents and child support obligations are brought to book. North Carolina's new hire reporting statute mandates all employers to report the name, address, social security number, and date of hire of each new employee to the state. North Carolina is an “at-will” employment state (Hodges, 2018). It recognizes that at-will employees may bring a common law claim for wrongful discharge. The retaliatory employment discrimination act limits an employer’s right to terminate an employee for conduct protected by the statute for instance victims of domestic violence and military service members.
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The rules governing the employment and practice of physical therapists (PT) and physical therapy assistants (PTAs), in any state are governed by the licensing board, which writes the rules to interpret and clarify the practice act. In North Carolina, the state and federal law subjects employers to the FMLA law. PT and PTAs can take paid, or unpaid FMLA leaves if they have worked for at least a year. The minimum wage in North Carolina is 7.25 dollars an hour. The law mandates that employers have to pay PT and PTAs a minimum of 7.25 dollars as by the county and local governments and instrumentalities of government.
Federal laws mostly prohibit the healthcare union involvement in North Carolina. The state of North Carolina has a law that protects a worker's right not to join the workers’ union. The North Carolina law states that it is unlawful to force an employee as a condition of employment, to join a union, or pay union’s dues. Given that, the state law prohibits payment of union dues by employees, the PT and PTAs have little to no involvements in the state union formation. The state of North Carolina according to The Charlotte Observer in 2014 had the lowest union membership in the U.S. The APTA in North Carolina is divided into chapters each of which is governed by an elected board of directors. They are available to discuss the issues affecting the association and the physical therapy profession. Given the state is a “right-to-work” state, an employee cannot join a union as a condition of employment.
The state laws governing the practice of PTAs vary from one state to the next and are governed by a board of examiners. In North Carolina, PTAs are required to obtain a certificate of licensure from the board of examiners to practice. The law mandates that for a PTA to be licensed, they must meet all the criteria under the Article 18b of the North Carolina Physical Therapy Practice Act. The board furnishes a license for individuals who have graduated six months from a recognised education office six months before application of licensure. The licensing law is the most important for a PTA to practice physical therapy as it defines their employment status. It also prevents them from falling into malpractices.
The state of North Carolina prohibits paying of dues to unions and joining unions as an employment requirement. However, when PTAs are hired into an organisation and face a hard time, they will not be able to form or join a union which makes the chances of airing their grievances dim.
References
Hodges C. Anne (2018) Principles of employment law 2 nd Ed. 2018 Print.
John F. Cronin, S.S. (2016) "Right-To-Work Laws," The Catholic Lawyer: Vol. 2: No. 3, Article 11 Retrieved from http://scholarship.law.stjohns.edu/tcl/vol2/iss3/11
