Employer’s Basic Duties Chapter 27- Lesson 2

What Will You Learn? What duties Employers owe YOU as an employee? Why are Employers obligated to owe these duties? What laws protect workers rights? What rights do YOU as an employee have if you are injured on the job?

Take out Notebooks and within your group, answer this…. Make a list of at least 7-10 duties Frontier owes YOU as a student and be prepared to explain why you think these are owed to you? (You have 5 minutes to discuss)

Now, within your group, answer this…. Make a list of at least 7-10 duties YOU owe Frontier as a student and be prepared to explain why you think these are owed to Frontier? (You have 5 minutes to discuss)

Now, what about this? Make a list of items you learned (individually) that are owed to you or the school, then explain how this is similar in a work related experience. Be prepared to explain to class..

List of Duties Owed to YOU as an Employee Reasonable Treatment- You legally must be treated in a reasonable manner. For example, if you are intentionally injured at work, you can quit or break a contract at any time. Other reasonable things?

List of Duties Owed to YOU as an Employee Safe Working Conditions: All Employees are entitled by law to reasonably safe working conditions, including tools, equipment, machinery and the building itself. Are there jobs that look unsafe that are still legal?

List of Duties Owed to YOU as an Employee Fair Labor Standards: A federal government based law enacted to establish a minimum wage, set maximum hours for all employees, overtime rules and age restrictions. Not all workers are covered (Executives, salaried workers, professionals). Seasonal workers are partially covered

Fair Labor Laws: How do they work? If you work an hourly job, as soon as you work 40 hours, everything after must be paid based on overtime. Overtime by law must be at least time and a half (Or more) If you make $10 per hour, your first 40 hours of pay would be based on 10x40 which would equal $400. If you worked 5 hours of overtime, your pay would be $400 plus $15 (Overtime rate) times 5 which would be another $75 or a total of $475

Fair Labor Laws: Legally? Legally, you must be given 8 hours off or more per shift Legally, you must be given a ½ lunch break if you work 6 hours or more on a shift. Other breaks are “optional” Legally, you must sign a W-4 (Withholding) before you start work and taxes must be taken out of your check Legally, your employer must match social security, Medicare and unemployment taxes taken from your check

List of Duties Owed to YOU as an Employee Payroll Deductions: Legally, your employer must withhold federal taxes, state taxes (If you have any), social security, Medicare and unemployment. Then you can “choose” voluntary deductions like retirement deductions, health insurance or other benefits taken from check

What is Workers Compensation? Workers Compensation is a Government based insurance that allows a worker to be compensated for injuries that happen on the job through no fault of their own. Employers can fight your claim in court You MUST prove the injury was something unavoidable, like slipping on a wet floor you did not know was wet

List of Duties Owed to YOU as an Employee Duty to Minors: Based on Federal and State laws. States set Minimum age laws for minors, called child labor laws. Purpose is to allow minors to get an education, stay away from harmful jobs and to “not” take jobs away from able bodied adults

Laws That Effect Minors NYS Labor Laws: Minimum age requirement for all work (Except farming and entertainment) Max hours during a school week/night Cannot work later than 10pm if under 18 Cannot work with hazardous things like certain power equipment, alcohol, prescription drugs, etc.. Cannot work in mining, with explosives, logging, meat packing, operating saws, wrecking buildings, roofing or more

Federal Laws That Effect Minors Federal government set 14 as minimum age to work Can work for parents or family business Delivering newspapers Agricultural jobs Acting jobs with parent consent

Military Service and Voting Military Selective Service Act of 1950 requires that certain military person be rehired by their employer if they are “honorably” discharged Honorable discharge means they completed their service More than ½ of all states require that a worker also be allowed out of work to vote if inconvenient for employee

What is a Tort? A Tort is a civil act (Or a lawsuit) Based on personal or property rights A lawsuit is based on someone being injured in some way Injury can be physical, financial, emotional or work related Lawsuit usually asks for Money ($$) or some type of compensation for the injury

Does an Employer owe a Duty of Care to an Injured person by an Employee? If an employee, acting within the scope of employment (Working on the job), commits a tort or injures a person or property, the employer IS LIABLE for the damages Ex) I hire a pizza delivery person who hits a customers mail box when leaving a delivery, I as the owner would be held responsible for the damage (Vicarious Liability) Independent contractors are responsible for any damages, NOT the person who hired them

Ticket out the door quiz Complete the practice quiz and turn in before end of class Review and quiz within next 3 classes