1. CHAPTER 2: Employment Copyright © 2013, Emily Lynch Morissette. All Rights Reserved. BUSINESS LAW AND ORGANIZATIONS FOR PARALEGALS by Emily Lynch Morissette

2. Introduction to Employment  Covers how employment relationship formed  Duties an employer has  Pension plans  Family and Medical Leave Act  Employment-at-will v. employment contracts  Workers’ compensation Copyright © 2013, Emily Lynch Morissette. All Rights Reserved.

3. Introduction to Employment (continued)  How independent contractors are different from employees  OSHA  Some immigration laws related to employment Copyright © 2013, Emily Lynch Morissette. All Rights Reserved.

4. Formation of an Employer-Employee Relationship  The relationship can be for:  Full-time  Part-time  Independent contractors (not actually an employee)  Intern (may not be paid) Copyright © 2013, Emily Lynch Morissette. All Rights Reserved.

5. Duties of Employers  All the duties of principals apply to employers  Additionally, minimum wage, overtime, pensions, FMLA, workers’ compensation, OSHA, and immigration laws may come into play with employees Copyright © 2013, Emily Lynch Morissette. All Rights Reserved.

6. Fair Labor Standards Act  Is an employee exempt or not from the Fair Labor Standards Act?  Exempt employees do not get overtime  Non-exempt employees do get overtime  Typically applies to private employers  Workers who ARE covered by the FLSA should receive 1 ½ time for hours worked over 40 in one week Copyright © 2013, Emily Lynch Morissette. All Rights Reserved.

7. Fair Labor Standards Act (cont’d)  The other goal of FLSA: to prevent extreme child labor  Kids typically have to be 16 to work  Anyone under 18 not allowed to work in hazardous work environment Copyright © 2013, Emily Lynch Morissette. All Rights Reserved.

8. Minimum Wage  Different rule for servers. Employer gets to pay much less than minimum, as tips are allowed in calculating minimum wage. Copyright © 2013, Emily Lynch Morissette. All Rights Reserved.

9. Employee Benefit Plans  Defined benefit plans  Retirement plan wherein specific monetary amount employee will get per month in retirement  Defined contribution plans  Do not promise certain amount when employee retires  Require set amount employee will contribute each year prior to retirement Copyright © 2013, Emily Lynch Morissette. All Rights Reserved.

10. Qualified and Qualified Pension Plans  A qualified plan is just one that gives the employer a tax break for providing it. The employee typically pays taxes on the plan when he withdraws the money.  The Employee Retirement Income Security Act protects employees with private pension plans. Copyright © 2013, Emily Lynch Morissette. All Rights Reserved.

11. Family and Medical Leave Act  Eligible employees, working for covered employers, can get up to 12 weeks unpaid leave during 12 month period.  Qualifying events:  Birth of new child  Adopting  Care of very sick family member  Employee’s own serious health problems Copyright © 2013, Emily Lynch Morissette. All Rights Reserved.

12. The full set of PowerPoint slides is available upon adoption. Email bhall@cap-press.com for more information.