1. Chapter 22 Employment Law

3. 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.

4. How are Employment Contracts Established?
Express
Implied
By Law

5. Express Agreements Oral or written employment contracts
Expressly describes all elements of the employment relationship
Ex. Sports professionals, entertainers, management, union members, etc.

6. Derek Jeter / New York Yankees Express Contract

7. Implied Agreements Hourly wage workers
No agreement as to length of employment
Employment at will – employee can be discharged or quit at any time for any cause due to lack of formal contractual agreement

8. By Law
Must pay minimum wage
Hiring of minorities

9. State and Federal Law Minimum wage requirements Discrimination laws
$7.25/hr
$2.83/hr for tipped employees
Discrimination laws
Child Labor Laws

10. Termination
By Performance
Completion of job
By Will
Violation of contract terms
By Breach of Contract
Obligations are not fulfilled (by either employee or employer)

11. 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

12. 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

13. 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

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

15. 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)

16. My Cotton Dress

17. 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

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

19. Public Terminations
Charlie Sheen fired
The was no “Morals Clause” on Employment Contract
Charlie Sheen filed a lawsuit Thursday against Time Warner's (NYSE:TWX) subsidy Warner Bros. For $100 million, plus punitive damages
Teacher fired for Wizardry
Fired Principal
Facebook Firings d
Lantana police chief fired after DUI arrest -