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