1. Objective 3.01 Understand employment law

2. Employment Law Basics Employment law
Division of law that governs the relationship between employers and employees
Employment law stems from various forms of law including tort, criminal, contract, and labor law

3. Employment Law Basics Employer
Person or company who pays a person for a wage, salary, payment or fee in exchange for supervising and controlling the employee’s activities

4. Employment Law Basics Employee
Person who works for an employer for a wage, salary, payment or fee, guided by an express or implied agreement
The employee is under the control and supervision of the employer

5. Employment Law Basics Independent contractor
Person who works for an employer for a wage, salary, payment or fee, guided by an express or implied agreement
Person is not subject to the control or supervision of an employer

6. Employment Law Basics Express employment agreement
A formal contract, either oral or written, that specifically states the terms and conditions of employment

7. Employment Law Basics Implied employment agreement
An employment contract in which the terms and conditions may be inferred through the actions, comments, promises, and employment practices of either the employer or employee.

8. NC Department of Labor
Promotes the general well-being, safety, and health of NC workers by:
Enforcing occupational and health standards
Setting the minimum wage and maximum number of work hours per week
Providing apprentice programs for the skilled trades
Conducting inspections for mines, boilers, elevators, amusement rides, and quarries

9. Fair Labor Standards Act
Also referred to as the Wage and Hour Act
Federal law that sets the minimum wage, overtime pay, and age requirements for certain types of employees
This act does not apply to the minimum wage or overtime pay of professional workers, executives, administrative, and outside sales employees

10. Fair Labor Standards Act
North Carolina Youth Employment Provisions of the Wage and Hour Act for Nonagricultural Occupations
Law that establishes labor standards and labor guidelines for youth 17 years old and younger
In general, children of any age are permitted to work for business owned by parents
This is a provision of the Fair Labor Standards Act.

11. Occupational Safety & Health Act
Federal act that establishes and promotes workplace safety standards for businesses
Employers should undertake specific precautions to ensure that the workplace is free of hazards that would lead to harm, permanent injury or death
Violators may be fined up to $7,000 per day

12. Americans with Disability Act
Federal act that prohibits discrimination based on a person’s disability if the person with the disability is able to perform the essential functions of the job requirements

13. Age Discrimination Act in Employment
This act prohibits discrimination against applicants and employees 40 years of age or older throughout the employment process
This act only apply to businesses employing 20 or more employees

14. Family and Medical Leave Act
This act provides eligible employees with unpaid, job-protected leave for certain family or medical conditions, such as:
The birth or adoption of a child
The employee is diagnosed with a serious health condition
The employee needs to care for a close relative with a serious health condition

15. Title VII of the Civil Rights Act of 1964
This act prohibits employment agencies, employers, and unions from discrimination against applicants and employees on the basis of race, color, religion, national origin or sex
Discrimination is prohibited throughout the employment process including hiring, compensation, promotion, training, and termination

16. The Civil Rights Act of 1991
The purpose of this act was to strengthen civil rights law, in particular disparate impact
Disparate impact
Occurs when an employer creates a seeming fair employment practice that has a negative impact on members of a protected class
Under this act, employers must prove that their practices are based on job qualifications