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Employment Law

Employment Law. Coach Johnson Understanding Business and Personal Law. Section 20.1 . Employment Relationships. Employment Relationships. Employment at Will Fire/Quit at any time as long as: No express contracts involved No implied contract involved Ex: Walton County Policies Unions:

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Employment Law

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  1. Employment Law Coach Johnson Understanding Business and Personal Law

  2. Section 20.1 Employment Relationships

  3. Employment Relationships • Employment at Will • Fire/Quit at any time as long as: • No express contracts involved • No implied contract involved • Ex: Walton County Policies • Unions: • Some companies try to disallow (Federal law) • How to Avoid Unions Article • Collective Bargaining Agreements • Ex: working conditions, wages, benefits, job security, layoffs, firing policies • NFL example • Grievance Procedure if released/fired

  4. Employment Relationships • Layoffs/Closings • Severance Pay (must be in Collective Bargaining Agreement) • Worker Adjustment and Retraining Notification Act (WARN) • Must notify employees at least 60 days in advance (companies 100+ employees) • Civil Rights Act of 1964 • Race, national origin, gender

  5. Employment Relationships

  6. Exceptions to Employment at Will Wrongful Discharge (treated unfairly) • Five Standards set up by courts: • Promissory Estoppel • Employer makes promise, employee relies on promise, wouldn’t have normally done this, employee is harmed (ex. Pg. 437) • Implied Contract • Oral, Written, Acted in way to lead employee to believe they are not employment at will employees (ex. Pg. 439) • Burden of Proof – Hard to prove in court • Public Policy Tort • Hurt public at large (jury duty example)

  7. Exceptions to Employment at Will • Intentional Infliction of Emotional Distress • Firing causes emotional and mental trauma • Must be very outlandish to recover damages (ex pg. 441) • Implied Covenant • Employer and employee will be fair and honest • Always exists because relationship must exist (ex pg. 441)

  8. Assignment #1 • Find a case of wrongful discharge and create a document with the following: • 11 or 12 pt. font; Double Spaced • Half - Page minimum • Discuss the issue of the case • Discuss both parties sides of the case • Discuss the conclusion of the case • List the standard the case was based on (ex: public policy tort) • State your reference (link to the article) • Article must be less than 2 years old Target Words to search: “Wrongful Discharge” “Suing” “Discharge Case” “Employee” “Employment at will” – Combine with a career Ex. FBI Agent sues for wrongful discharge Name the Word Document – Wrongful Discharge Case

  9. Section 20.2 Legislation affecting Employment

  10. Legislation affecting Employment • Wagner Act • Encourage Collective Bargaining • Discourage certain unfair labor practices • Provide federal assistance for fair bargaining • Employers must negotiate wages, hours and working conditions • Taft-Hartley Act • Believed Wagner Act was too supportive of Unions • Equalized power between labor and management • 60 day notice before strike • President may stop for 80 days if it affects nation • Some jobs require Union membership (allowed) • But only after 30 days, not prior to being hired

  11. Legislation affecting Employment • Landrum-Griffin Act • Stop corruption in Unions • Must register Constitutions and Bylaws • Must submit yearly fiscal report • Assets, Liabilities, receipts, revenue, loans, etc. • Bill of Rights (all can be involved) • State Child Labor Laws • Certain activities cannot be done by minors (machinery) • Certain hour restrictions

  12. Child Labor Laws Cont. • Fair Labor Standards Act of 1938 (Federal Child Labor) • Prohibits interstate or foreign trade of oppressive child labor products • Oppressive child labor means: • Under 16 and job is listed in Fair Labor Standards Act • Under 18 and job is considered dangerous by Security of Labor • Age 14 to 16 may work • Secretary of Labor – doesn’t interfere with schooling • Wage and Hours Exclusions: • Agriculture, child actors, work for parents, newspaper delivery Non-Agricultural Jobs Agricultural Jobs

  13. Assignment #2 • Read the tabs on the website discussing the history of Child Labor. • Compose a foldable • List the title of each page • Paraphrase information • Pick out the important details • Nothing should be word for word with article, read and put into your own words • Use organization/creativity in pamphlet Print Wrongful Discharge Case and put that and the foldable in the box

  14. Section 21.1 Employment Conditions and Benefits

  15. Employment Conditions and Benefits Employment Conditions • 3 areas: • Health and Safety • Right to fair wages and benefits • Privacy Rights

  16. Health and Safety • OSHA (Occupational Safety and Health Administration) • 11 or more employees • Engage in interstate commerce • Inspections • Random • After death or disaster • Employee complaint Note: Employee cannot get fired, Business can get fined (Public Policy Exception)

  17. Wages/Hours/Benefits • Fair Labor Standards Act 1974 (Wage and Hour Act) • Establishes minimum wage and maximum hours • Professional employees, administrators, and executives not covered • Equal Pay Act • Pay women same wage as men • Hourly workers, executives, administrators, professional employees, outside sales people (salaries/commission)

  18. Wages/Hours/Benefits • Employment Retirement Income Security Act • Some companies were re-investing retirement funds • Funds must go into a trust fund • Inform employees/submit reports • Family and Medical Leave Act • 50+ employees • 12 weeks of leave every 12 months • Pregnancy or family with mental disorder • Can return to same pay and benefits • Must work for a year to qualify

  19. Employee Privacy Rights • Federal Privacy Act • Government Employees given right to: • Restrict inspection • Be informed of employment files • Informed of content of those files • Fix any mistake they might find in those files • Drug Free Workplace Act • Must try and keep workplace drug free • Doesn’t mean drug tested always (4th amendment) • If so, confidential • Employees notified • Backup test if positive • Must have chance to challenge the results

  20. Employee Benefits • Social Security Act • Contributions from both employers and employees • Retires, Dies, Disabled • Based on lifetime earnings, lifetime contributions • Unemployment Compensation Laws • Employer paid insurance premiums • Paid for by Payroll taxes • Specific time and amount • Worker’s Compensation Laws • Loss of income due to: accident, illness, death • Injured on job (AFLAC)

  21. Assignment #3Note Card Assignment • Make Note Cards on each of the Acts we discussed • Must include: • Name • Origination • Purpose • Example of how it may be applied ALL WILL BE ON THE TEST IN A MATCHING GROUP

  22. Section 21.2 Employment Discrimination

  23. Employment Discrimination • Civil Rights Act of 1964 • Race, color, religion, sex, national origin, age • Civil Rights Act of 1991 • Hiring and promotion must be directly related to work • Quid Pro Quo • Defendant can receive back pay + punitive damages • Sexual Harassment • Hostile Working Environment • Comments, jokes, emails, gestures, etc.

  24. Employment Discrimination • Pregnancy Discrimination Act • Cannot hire/fire based on pregnancy • Age Discrimination in Employment Act (ADEA) • 20+ employees – can’t discriminate on age • If age is needed (child model) this doesn’t apply • Americans with Disabilities Act (ADA) • Cannot judge based on physical or mental impairments • Essential functions of a job • Hire, Fire, Promote, Raise, Training

  25. Finish Note Cards & Prepare for Act Skit Day

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