1. EMPLOYMENT LAW

2. EMPLOYMENT AT WILL Employment-at-will
An employer or employee can end an employment relationship at any time, for any reason or for no reason, with or without notice.
Can not discriminate
Wrongful termination lawsuits

3. Outside of Employment at Will
Unionized employees- Organization of employees formed to promote the welfare of its employees
Employers cannot hire or fire union members at will
Guaranteed certain wages, conditions and benefits
Individual Employment Contracts- employees with a specific contract for their individual employment position
Ex. Professional athletes, movie/entertainment performers, high level employees
Can benefit employee but can also prevent them from leaving and working for who they want.

4. Outside of Employment at Will
Protected Class of Employees
Groups such as:
Women
Racial Minorities
People with Disabilities
Veterans
Cannot be fired for a reason based on their race, color, creed, national origin or gender
Law also protects employees from being fired due to age

5. Exceptions to Employment-at-Will
To challenge a firing of an at-will employee the employee must base his/her argument on one of the following grounds:
Promissory Estoppel
Implied Contract
Public Policy Tort
Implied Covenant
Lawsuits that challenge employment-at-will are called wrongful discharge or unjust dismissal suits.

6. Exceptions to Employment-at-Will
Promissory Estoppel- bars an employer from taking back certain types of promises
4 elements must be shown to argue promissory estoppel
Employer made a promise that the employee reasonably expected to rely on
Employee actually relied on the promise and changed his/her position as a result
Employee would not have acted as he/she did, if the promise was not made by the employer
Employee was harmed (usually financial), by the employer’s refusal to honor the promise
Ex. Musician to music teacher example

7. Exceptions to Employment-at-Will
Implied Contract- a contract that exists when an employer has said, written, or done something to lead an employee to reasonably believe that he or she is not an at-will employee.
Court can look at all facts involving employment relationship, not just oral promises
EX. Probationary period for employment

8. Exceptions to Employment-at-Will
Public Policy Tort- cannot fire someone if the firing will hurt the public.
Employees can recover compensatory and punitive damages if he/she can prove the firing violated public policy.
Ex. Firing an entire police department
Implied Covenant- employment relationship based on an implied promise that the employer and the employee will be fair and honest with one another.
Different from implied contract
Implied covenant exists simply because the employment relationship exists
Law requires employee and employer to treat one another with honesty and fair play.

9. What laws protect you if you are a member of a labor union?
Unionized Employees
What laws protect you if you are a member of a labor union?

10. Unionized Employees
During the Industrial Revolution, workers banded together into labor unions to demand better working conditions.
Governments banned unions because they felt they were destructive to the economic system
During the Great Depression, in the 1930’s, government began recognizing unions and allow them to negotiate their own contracts through collective bargaining

11. Unionized Employees
Collective Bargaining- process in which union and management representatives get together to work out issues such as wages, working conditions, and hiring and firing policies.
4 Major Union laws
Norris-LaGuardia Act (1932)
Wagner Act (1935)
Taft-Hartley Act (1947)
Landrum-Griffin Act (1959)

12. Unionized Employees Norris-LaGuardia Act
One of the first federal laws in support of employees joining unions
Outlaws Yellow Dog contracts
Contract workers are forced to sign which they agree not to join a union as a condition for employment
Bars the federal courts from issuing orders preventing labor strikes
Wagner Act
Requires employers to negotiate wages, hours, and conditions of employment with unions
Created the NLRB (National Labor Relations Board)
Hear complaints about unfair labor practices

13. Unionized Employees Taft-Hartley Act Amended the Wagner Act
Officially know as the Labor-Management Relations Act
Prohibits strikes that endanger the nation’s health or safety, such as air traffic controllers
Allows the president to go to court to stop a strike for 80 days.
Prohibits labor unions from featherbedding
Requiring employers to hire more employees to a job than are actually needed
Landrum-Griffin Act
Also amended the Wagner Act
Halts corruption in unions
Unions must have constitutions and bylaws, register them with Secretary of Labor
Must submit yearly reports on financial conditions (sources of revenue and loans to union members)
Must have a members’ bill of rights

14. Unionized Employees Forming or dissolving a Union
To start a Union you must
Contact one of the large national unions
Ex. AFL/CIO
Solicit workers within the company
30% of workers must agree to contact the NLRB to organize a full vote to form a union
Majority of workers must approve through a secret ballot
Finally NLRB will recognize the union and employer must recognize
(same process to dissolve a union)

15. HEALTH AND SAFETY Employee rights can be broken down into four areas:
Right to health and safety protection
Right to fair wages and benefits
Right to privacy
Right to equal opportunity in the workplace
Two major federal government acts protect the health and safety of workers
Occupational Safety and Health Act
Environmental Policy Act

16. Occupational Safety and Health Act
Occupational Safety and Health Association
A.K.A.- OSHA
Federal government agency that regulates health and safety standards for companies in the U.S.
OSHA makes sure employers follow rules by:
Inspecting workplaces at random
Investigating written employee complaints, workplace deaths, and disasters
Protects employees from being fired for filing complaints
Levies fines for the rule violations

17. Environmental Policy Act
National Environmental Policy Act
Established the EPA (Environmental Protection Act)
Set up a policy for fighting pollution
Protect the environment and human health from exposure to hazardous chemicals and waste
EPA encourages voluntary compliance by businesses
Supports the efforts of state and local governments to carry out enforcement actions in their own territory
EPA acts when local and state governments don’t stop companies that pollute the environment.

18. OHSA CASE STUDY