2 Employment Law Basics Employment law Division of law that governs the relationship between employers and employeesEmployment 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 agreementThe 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 agreementPerson 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 LaborPromotes the general well-being, safety, and health of NC workers by:Enforcing occupational and health standardsSetting the minimum wage and maximum number of work hours per weekProviding apprentice programs for the skilled tradesConducting inspections for mines, boilers, elevators, amusement rides, and quarries
9 Fair Labor Standards Act Also referred to as the Wage and Hour ActFederal law that sets the minimum wage, overtime pay, and age requirements for certain types of employeesThis 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 OccupationsLaw that establishes labor standards and labor guidelines for youth 17 years old and youngerIn general, children of any age are permitted to work for business owned by parentsThis is a provision of the Fair Labor Standards Act.
11 Occupational Safety & Health Act Federal act that establishes and promotes workplace safety standards for businessesEmployers should undertake specific precautions to ensure that the workplace is free of hazards that would lead to harm, permanent injury or deathViolators 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 processThis 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 childThe employee is diagnosed with a serious health conditionThe 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 sexDiscrimination is prohibited throughout the employment process including hiring, compensation, promotion, training, and termination
16 The Civil Rights Act of 1991The purpose of this act was to strengthen civil rights law, in particular disparate impactDisparate impactOccurs when an employer creates a seeming fair employment practice that has a negative impact on members of a protected classUnder this act, employers must prove that their practices are based on job qualifications