1. Employment LAW
Chapter 22

2. 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

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

4. 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.

5. 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.

6. 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

7. 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

8. 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

9. 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

10. 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

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

12. 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

13. 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.