Labor and Employment Law

1
Chapter 33

• Labor and Employment Law
• (Omit p939 (at Labor Unions) to middle of p 944)

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What is a job offer?

• We offer you a position as an entry level
  gopher/ceo for a starting salary of 86,000 per
  year, starting date August 15, 2009.
• What is this?

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What is a job offer?

• What if the employer tells you in May that there
  is no job for you, and for you to have a nice
  life?

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What is a job offer?

• Most are offers for a unilateral contract, where
  the company promises to pay if you do the work,
  but that the arrangement can be cancelled at any
  time.
• Exceptions coaches, teachers, movie stars

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At-Will Doctrine

• Either party can end an employment arrangement at
  any time for any reason or no reason at all
• The basic rule is still law, but there are many
  exceptions now

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At-will doctrine exceptions

• Contract
• Specific contract
• Policy manuals
• Statements
• Tort (infrequent)
• Public Policy
• Statute

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Fair Labor Standards Act

• Many regulations on hours of employment,
  conditions, ages of workers, etc.
• Overtime hours are week by week
• Overtime is not applicable to exempt employees
• 2004 Amendments broadened employees w/ mandatory
  overtime

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OSHA

• Occupational Safety and Health
• Act
• Administration
• Safety of Workers
• Specific and General Standards
• Many, many regulations

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Workers Compensation

• Ease of recovery for injured workers
• Employer loses defenses
• Contributory negligence
• Fellow servant doctrine
• Exclusive Remedy
• Insurance-funded

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Social Security

• More than retirement
• Not a savings plan
• Survivors benefits
• Disability benefits
• Payment based on work and salary history
• Full benefit age rising to 67

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ERISA

• Relates to Pension Plans
• No one must have one
• But if you do, act sets reqs
• Funding
• Vesting
• Reporting
• Investing
• Management

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Family and Medical Leave Act

• Companies w/ 50 employees
• Employed for one year and 1250 hours or more in
  last 12 months
• Up to 12 weeks unpaid leave
• Birth and/or care of child
• Placement of child adopt/foster
• Employee health condition/unable to do job
• Care for spouse, child or parent

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Family and Medical Leave Act 2008 changes

• Two new situations for leave
• Up to 26 weeks to care for relative (spouse,
  child, parent or next of kin) injured in active
  military service
• 12 weeks for employee if called for military duty
  (no illness needed)
• Employee 30 day notice to employer, if possible

14
Employee Privacy Rights

• Some statutory protection
• Business Can monitor employee business
  communications (but not personal)
• Employee can consent
• Internet use monitoring