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Chapter 23 Employment Contracts and Minors and Employment

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1 Chapter 23 Employment Contracts and Minors and Employment
Business Law Chapter 23 Employment Contracts and Minors and Employment

2 Employment Contracts and Minors and Employment
The Employment Relationship May be Formal or Informal All are covered by Federal and State Statutes

3 Labor-Management Relations
Formal Agreements with a Union Collective Bargaining Agreement Grievance Procedure Layoffs, Seniority and even Hiring Practices. Rate of Pay and Benefits

4 Professional Employment Contracts
Professionals Negotiate Their Own Contracts Executives Doctors Lawyers

5 Rights and Duties of Employers and Employees
Some are implied by law Most are by Federal or State Statute Expectations Follow rules Do tasks as instructed Pay employees and taxes on time Treat each other fairly

6 Terminations Employment-at-will
Relationship can be dissolved by either party at any time. Applies to most employment situations where there is no formal contract. Exceptions Unjust dismissal

7 Implied Contracts If an employer makes a promise that an employee relies upon, the employee can sue. Certain conditions must be met for there to be an implied contract where an employee can sue. See your text for details.

8 Disclaimers Covers companies in employment-at-will situations.
Can be used to “reset” the employer/employee relationship back to an employment-at-will status. Regardless of promises or language in an employee handbook. Gives Employer an Upper Hand.

9 Implied Covenant The Covenant is a promise between employer and employee. Employee is honest Shows up on time Does their job Employer pays employee On time Meets other obligations

10 Restrictive Employment Covenants
Employees agree not to work for a competitor for a specific period of time after leaving employer. Restrictions must be spelled out in writing. Usually involve trade secrets.

11 Legislation Affecting the Employment Relationship
Federal Labor Laws Wagner Act Also called The National Labor Relations Act of 1935. Dealt primarily with collective bargaining issues.

12 Federal Labor Laws Taft-Hartley Act
Also called the Labor-Movement Relations Act Limited Union Power

13 Taft-Harley Act Allowed states to pass “Right to Work” laws.
These prohibited union-only sho ps Allowed the president to impose a 60-day cooling off period if a strike posed a threat to the nation’s health or safety. Required unions to give notice of intent to strike. Required unions to engage in collective bargaining.

14 Landrum-Griffin Act Was an amendment to the Wagner Act. Passed in 1959
Unions had to register their by laws with the Secretary of Labor Unions were required to provide full financial disclosure. Union member’s “Bill of Rights”.

15 Child Labor Laws Originally these were State Laws.
Massachusetts and Connecticut were the first two states. By states had laws on the books limiting child labor.

16 Federal Child Labor Laws
Passed in 1938 as part of the Fair Labor Standards Act of 1938. Updated in 1974. Prevented interstate commerce of goods produced by “Oppressive Child Labor” Prevented children from being employed in dangerous jobs.

17 Federal Child Labor Laws
Limited children to jobs judged not to interference with school.

18 Exceptions To Child Labor Laws
Children working in Agriculture after school hours. Child Actors. Children working for their parents. Children delivering newspapers.

19 Industry-Education Cooperation
Many industries restrict the use of child labor. Schools are often the ones who monitor child labor. In most states the schools are in charge of issuing work permits.


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