Duties Employment Law

Basic Vocabulary Employee: – Party who works under the supervision of another for pay Independent Contractor: – Party paid for doing work, but is free of the latter’s direction and control Employer: – Person or business that employs one or more people, especially for wages or salary

Duties of Employee Duty of Obedience: – Requires employee to obey reasonable orders Duty of Reasonable Skill: – Requires employee to have skill, experience, or knowledge necessary to do the job – Job requirements that compels discrimination against a protected class

Duties of Employee Continued Duty of Loyalty and Honesty – Look out for employer’s best interest – Keep confidential information, no fraud Duty of Reasonable Performance – Complete assigned duties in time and correctly – May be fired because of illness or injury, since unable to do the work

Duties of the Employer Reasonable Treatment – Treat fairly – Note: Equal is not fair Safe Working Conditions – Not harmful to health, safety, morals, or reputation Fair Labor Standards – Follow minimum wage and hour laws

Duties of the Employer Continued Follow the laws Payroll Deductions – Withhold taxes, pay into workers’ compensation, etc. Duties to Minors & Military Service – Follow child labor laws – Re-employ those that served in military after honorable discharge

Agencies that Protect EEOC – Equal Employment Opportunity Commission – Responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee OSHA – Occupational Safety & Health Administration – Assure safe and healthful working conditions

Unions Open Shop: Any can work Agency Shop: Can work, but must pay part dues Closed Shop: Must be part of union Right to Work Law: CANNOT require workers to pay union dues = all are Open shops

How Unions Work Started to protect worker Always had issues with corruption (Jimmy Hoffa) – Now big business Pay dues to support 4 levels: – Local (Mason Public Schools) – Regional (Michigan 157,000 teachers - Former MEA President Iris Salters made $235,447 in 2011.) – National (3.2 Million members) and International Collective Bargaining: Contract negotiations between union and company where they use membership as leverage in bargaining

If negations fail Union Tactics if fail – Strikes: deprive employer of services and draw public attention – Picketing: Members of Union protest in front of company to draw attention – Boycott: refusal of workers and sympathizers to use or buy products Management tactics if fail – Lockout: employer closes business and refuses to allow employees work – Strikebreakers or Scabs: use non-union employees to replace workers – Injunction: court order forcing employees to cease certain activities – Outsourcing: contract the work to other companies or bankruptcy