Chapter 22 Employment Law

Definitions Employment - a legal relationship based on a contract that calls for one to be paid for working under another's direction and control. Employer - the party who pays someone in order to direct and control that person’s activities. Employee - the party who is paid to serve under the direction and control of the employer. Independent Contractor - agrees to produce a finished job without direction or control.

How are Employment Contracts Established? Express Implied By Law

Express Oral or written documents Examples - sports professionals, entertainers, top-level managers, and union members

Derek Jeter / New York Yankees Express Contract

Implied Employment at will - an employer can discharge an employee at any time for any cause or even without cause. Other common implied terms: –Wait staff pools tips –Factory workers provide own safety shoes

By Law Must pay minimum wage Hiring of minorities

How are Employment Contracts Terminated? By Performance At Will Breach of Contract

By Performance Completion of the job The period of time specified is over

At Will The employer and employee do not specify a length of time Wrongful discharge - limitation to employment at will: –Race, religion, gender,age, disability, pregnancy, national origin –Refusal to commit perjury for employer –Filing a workers comp claim –Report violations –Urge company to comply with law Government (Public) Employees - entitled to due process

Breach of Contract Obligations are not fulfilled Examples: –Employer - fails to pay an agreed upon monthly check –Employee - fails to perform the tasks for which they were hired

Discharged Without Cause Terminated despite having complied with all terms of their contract Entitled to Unemployment Compensation Discharged for Cause - not eligible for unemployment –Felonious conduct –Unlawful strike –Prison sentence > 30 days –Positive drug test –Willful misconduct

Employers Duties Reasonable Treatment Sage Working Conditions Fair Labor Standards Payroll Deductions Military Service Voting Family and Medical Leaves

Employment of Minors Principles of Child Labor Protection –A persons early years are for education –Certain work is harmful/dangerous –Child labor takes jobs from adults State law examples –Set maximum number of hours per day –Prohibits night work –Prescribe the grade in school before employed –Sets age requirements for dangerous work –Restricts hours of work between 10pm and 5am Federal law –Fair Labor Standards Act –Illegal to work under 14 years (certain exceptions)

My Cotton Dress

Duties to those Injured by Employees Scope of employment - the employer is liable for damages if an employee commits a tort while doing his/her job. Independent Contractors are held liable for their own actions –Except in dangerous situations

Duties of the Employee Fulfill employment contract Obedience Reasonable skill Loyalty and Honesty Reasonable Performance