1. BUSINESS LAW FALL 2012 Employment Law I

2. Employment Relationships Labor and Management Relations  Unions are developed because of disagreements between labor and management.- Collective bargaining  Grievance Procedures are put into place so employees can voice their opinion on a decision they feel is not fair. Employee Contracts  Used mainly for professional positions i.e. doctors, teachers, entertainers, athletes Rights of Employers  Expect reasonable amount of work from employees, can instruct employees on what is expected, expect loyalty, honesty and dependability

3. Employment Relationships con’t Rights of Employee  Receive appropriate pay, safe working conditions, training, fair treatment, and the opportunity to get promotions

4. How can an employee be terminated? Employment at Will Doctrine  Used when the employment contract does not state how long the agreement is to last. Employer or employee can sever the relationship at any time  Exceptions  Fired without just cause –unjust dismissal- can result in a lawsuit  Employees can not be fired for refusing to commit a crime.  Implied contract involves an oral agreement. Oral contract can be voided if the oral contract does not have a time table for how long it is valid.  Implied covenant exist because it is understood that both parties would be fair to one another in the employee/employer relationship.  Employee cannot leave and sell trade secrets to a competitor  If any of these exceptions are found that the employer violated any of these provisions the firing of the employee will not stand.

5. Federal Labor Laws Wagner Act  AKA National Labor Relations Act of 1935  1 st federal law dealing with collective bargaining  Encompasses  Encourages collective bargaining  Discourages certain unfair labor practices  Provides federal assistance in obtaining fair bargaining  Determines what guidelines need to be included in collective bargaining contracts Wages, hours, and conditions of employment

6. Taft-Harley Act AKA Labor Movement Relations Act Came about from the amendment of the Wagner Act in 1947 Provided for a 60 day cooling off period  President could postpone a strike if it was in the best interest of the country Made the closed shop illegal- had to be a union member States could pass right to work laws Allowed companies to let people go when they were no longer needed Outlawed featherbedding-practice of assigning more people than are needed for certain jobs. Unions cannot refuse negotiations with employers

7. Landrum-Griffin Act Came about from an amended Wagner Act in 1959 Aka Labor Management Reporting and Disclosure Act Protects the rights of union employees Main reason-stop corruption in union management

8. Child Labor Protection Came to the forefront during the Industrial Revolution Children were working in dangerous occupations for long hours with very little money. Child labor protection laws were developed very slowly due to the need for child labor in various industries such as manufacturing, mining, and farming.

9. Child Labor Protection con’t Most forward looking legislation for child protection happened when the Fair Labor Standards Act in 1938 incorporated a child labor portion.  Incorporated: Prohibition on shipments of goods that were made in factories using oppressive child labor Restrictions of how children can be worked (number of hours, age restrictions, when children can work, what types of work are allowed, and amount of pay)