Employment Law

1
Chapter 20

• Employment Law

2
Employment-At-Will

• According to this doctrine, an employer is
  permitted to discharge an employee at any time,
  for any or no reason, with or without notice.
• Both parties are free to leave an employment
  relationship

3
Labor-Management Relations

• Union organization of employees formed to
  promote the welfare of its members.
• Collective Bargaining Agreement a contract
  negotiated by the employer and representatives of
  the union
• Working Conditions
• Wages
• Benefits
• Job Security
• Layoff and Firing policies
• Grievance Procedure a series of steps employees
  must take to appeal an employers decision they
  feel violates just cause.

4
Layoffs Plant Closings

• Collective Bargaining Agreements do not guarantee
  a job for life.
• They may however provide for severance pay in the
  case of a layoff or closing.
• Worker Adjustment Retraining Notification Act
  (WARN)
• This compels some companies to give employees at
  least 60 days notice of a factory shut down or
  massive layoff.
• Only affects companies with 100 workers.

5
Illegal Discrimination

• Civil Rights Act of 1964
• Race, Color, Creed, National Origin, or Gender
• Age Discrimination in Employment Act

6
Professional Employment Contracts

• Employers expect Employees
• To have the skills and experience they claim to
  have
• Reasonable amount of work
• To be loyal, honest, dependable, and abide
  company rules

• Employees expect
• To be paid regularly
• To work in a safe environment
• To be taught how to do their job
• To be treated fairly
• Opportunity for raises and promotions

7
Terminating the Relationship

• If the contract does not state the length of
  employment, it can be terminated at any time.
• Exceptions???
• Wrongful Discharge (Unjust dismissal) provides
  employees with grounds for legal action against
  employees who have treated them unfair.

8
Five Standards to Judge

• Promissory Estoppel See p. 437
• Implied Contract employer has said, written, or
  done something to lead the employee to reasonably
  believe that he or she is not an at-will
  employee.
• Public Policy Tort must prove his/her firing
  hurt the public at large
• Intentional Infliction of Emotional Distress
  See p. 441 Example 5
• Implied Covenant in any employment relationship
  there is an implied promise that the employer and
  the employee will be fair and honest in their
  dealings.

9
Legislation Affecting Employment
10
Wagner Act (1935)

• National Labor Relations Act
• To encourage collective bargaining, discourage
  unfair labor practices and provide federal
  assistance in obtaining fair bargaining.

11
Taft-Hartley Act (1947)

• Labor-Movement Relations Act
• Tried to equalize the power of labor and
  management
• 60 day cooling off period
• Closed shops illegal
• Union shops are allowed
• Outlaws featherbedding
• The practices of assigning more employees than
  are actually needed to a job.

12
Landrum-Griffin Act (1959)

• Labor Management Reporting and Disclosure Act
• To stop corruption in unions they must register
  their constitutions and bylaws with the Security
  of Labor

13
Regulating the Employment of Minors

• Child Labor Laws
• control the work that children are permitted to
  do

14

• 1842 Massachusetts limited children under 12 to
  10 hours per day
• 1880 Only a few states had laws
• 1930 44 states had laws dealing with
  non-manufacturing occupations
• 1934 Conference on labor Legislation adopted a
  set of standards

15
Fair Labor Standards Act of 1938

• Updated in 1974.
• Prohibits the interstate or foreign shipment of
  any goods produced in factories with oppressive
  child labor
• Oppressive Child any minor under 16 (under 18
  for dangerous work)

16
Exceptions???

• Children working in agriculture after school
  hours
• Child actors
• Children working for their parents in jobs other
  than manufacturing
• Children delivering newspapers