Employment LAW Chapter 22

Employment A legal relationship that calls for one individual (employee) to be paid for working under another’s direction or control (employer) Independent Contractor: someone hired to produce a finished job without supervision

Employment Contracts Not usually required - terms in an employment contract can be derived from: Expressed Agreements Implied Agreement State and Federal Laws

Expressed Usually detailed for top-level managers, union members, sports professionals, and entertainers. Expressed terms (oral or written) Compensation Benefits Duration or Notice of Termination If something is expressly written in the contract and you don’t do it you are in breach of contract.

Implied Generally, if you are an employee you are considered to be an at will employee. This means you can be let go or quit at any time for any reason without breach of contract Employees may be required to provide some or all of their own clothing or equipment.

Wrongful Discharge Tort Termination at Will does NOT allow for termination of those who: Refuse to commit perjury at the request of the company Insist on filing a workers’ compensation claim Report violations of law by the company Urge the company to comply with the law Read “What’s Your Verdict” on page 404

Terms Imposed by Law Minimum Wage – Currently $7.25 per hour Maximum Hours – 40 per week at Regular Pay, Overtime 1½ times the Regular Pay Rate Anti-Discrimination (Can’t discriminate based on race, religion, gender, age, disability, pregnancy, veteran status, or national origin) Unemployment Compensation – If you are discharged without cause or become unemployed at no fault of your own you are entitled to collect unemployment benefits. Government Employees

Employer’s Duties to Employees Reasonable Treatment Safe Working Conditions Fair Labor Standards (minimum wage, maximum hours) Payroll deductions for taxes Military Service (60 Minutes video – Reservists’ Rocky Return to Job Market - USERRA) Voting

Employee’s Duties (Same as Agent) Fulfill the Employment Contract Duty of Obedience Duty of Reasonable Skill Duty of Loyalty and Honesty Duty of Reasonable Performance

Minors / Child Labor Laws Based on the following principles: A person’s early years are best used to obtain an education Certain work is harmful or dangerous for young people Child labor at low wages takes jobs from adults

Minors / Child Labor Laws There is a minimum age for employment: 14 except for entertainment/agriculture No hazardous jobs

Youth Rules – may vary by state Youth 14 and 15 years of age can only work in non- hazardous occupations such as retail stores, fast food, restaurants, service stations, lawn care, janitorial, and other occupations not determined harmful by the Labor Commission. No youth under the age of 16 is permitted to work: in excess of four hours in one school day before 5:00 a.m. or after after 9:30 p.m. - unless the next day is not a school day more than 8 hours in any 24-hour period, nor more than 40 hours in any week

Assignment Employee vs Employer Bill of Rights Read the article. Select three of the proposed rights. What do you think they are suggesting with that “right”? What should be considered for both the employer and the employee? Consider pros and cons and possible consequences if this became law. What might they want to include in the details of the law? May complete individually or with a partner. Must be typed.