1. CHAPTER 27
Test Review

2. EMPLOYEE VS. CONTRACTOR
Employee agrees to be “Supervised” for pay
As the employer, “YOU” take on the liability for injuries, NOT the worker
Employer and employee owe duties and obligations to each other
Independent contractor is NOT supervised
Takes on the liability of injuries to themselves, property or workplace
Only similarity to an employee is they are paid
Supervised with pay
Pay without supervision

3. Implied vs. Express agreements
Implied is an “At Will” agreement (Contract)
At will means you can leave a job at any time or be let go at any time without reason
No time limit exists for length of employment
Express agreements are employment contracts involving a time period
Both sides must agree to terms and abide by these terms
“Reason” must be given to fire an employee
At Will
Time based

4. WORK AGREEMENTS All are contract based
All have terms that are agreed to and some that they must follow by law
Laws that oversee employment contracts can be both federal and state level laws
All involve pay with supervision

5. EMPLOYEE DUTIES Obedience Reasonable Skill Loyalty and Honesty
Reasonable Performance

6. OBEDIENCE Employee must obey “Reasonable” orders
Does not matter if the employee agrees to this or not

7. REASONABLE SKILL
If an employee accepts a job, they must be able to complete the tasks or have the skills they “Claim” they have and can do
If they cannot complete the job, they can be fired

8. LOYALTY AND HONESTY
Employee must look out for an employers best interest
Not bad mouth, sell company secrets or “Help” the competition

9. REASONABLE PERFORMANCE
Employees must complete duties on time, as they were assigned them and they must complete them correctly
Employees can be fired if they fail to do this

10. EMPLOYER DUTIES Reasonable treatment of employees
Safe working conditions for employees
Follow the fair labor standards/laws
Payroll deductions
Duties to minors

11. REASONABLE TREATMENT Orders given to employees must be “Reasonable”
Reasonable means they are able to complete the task

12. SAFE WORKING CONDITIONS
Working conditions must be “reasonably” safe (Including tools, equipment, machinery and the building itself
Cannot be harmful to an employees safety, health or reputation
OSHA is the gov’t agency that checks a business “IF” its reported by an employee

13. FAIR LABOR STANDARD LAWS
Law was established to create a minimum wage and max hours for employees (Fair Labor Standards Act)
Overtime must be paid at times and a half for hours over 40
Law does not protect professionals like executives, administrators or
other professionals paid by salary

14. PAYROLL DEDUCTIONS
Any taxes or insurances required by law to be deducted from an employees paycheck
Includes, Federal taxes, State Taxes, Unemployment, Social Security and Medicare
Social Security is a tax matched by your employer
Workers compensation is paid if an employee is hurt at work
Unemployment is paid if you are fired without cause or laid off (Support yourself)

15. DUTIES TO MINORS State and Federal laws protect minors
Federal law states no child under may work (Exceptions agriculture and entertainment)
State law regulates age restrictions such as maximum hours during school, night work restrictions and more..
Main objective of early child labor laws was that they took jobs away from adults

16. MILITARY SERVICE
If an employee is discharged “Honorably” they must be re-hired to a job
Also, you must be able to vote in any election by law and employers cannot block this right from you by scheduling you to work during the entire time you can vote

17. LIABILITY ISSUES/EMPLOYMENT
If an employee injures a person or property while working, the “EMPLOYER” is held responsibly (Vicarious liability)
Independent contractors take on this responsibility because THEY are the employer

18. TERMINATION RIGHTS No reason need be given
Right to challenge if based on discriminatory reasons
If fired with cause, you can challenge because it can effect unemployment benefits
Reason MUST be given
Reason must be backed by proof
Can sue employer if reason is false or they cannot prove
Wrongful discharge if fired without proper reason
At Will (Implied)
Express agreement

19. DIFFERENCE
WITH CAUSE
Means employer has a valid and legal reason to fire a person
Ex) Stealing, fighting, coming into work under the influence
Cannot get unemployment
WITHOUT CAUSE
Employer lets a person go for no reason
Usually because they cannot afford to pay them or they are not able to do the work
CAN get Unemployment
Reason given
No reason given

20. TERMINATION RIGHTS- GOV’T
Government employee is “Public”
Must be fired with cause (Proper reason)
After being given notice of firing, can request a hearing (Court)
Reasons must be backed with proof
No proof, job is given back
Without cause means improper reason

21. TERMINATION RIGHTS- Private
Different if you are At will or Express
Express means you have a time stated in contract (Reason must be given)
At Will means no time, therefore no reason must be given
Discharged for cause are things like theft, insubordination or not doing your job as agreed

22. Questions? TOMORROW: #2 pencil Find scantron with your name
Start immediately
NO cell phones, no headphones, no talking

23. ANY QUESTIONS??