1. Chapter 20 Employment Law

2. Employment-At-Will  According to this doctrine, an employer is permitted to discharge an employee at any time, for any or no reason, with or without notice.  Both parties are free to leave an employment relationship

3. Labor-Management Relations  Union: organization of employees formed to promote the welfare of its members.  Collective Bargaining Agreement: a contract negotiated by the employer and representatives of the union Working Conditions Wages Benefits Job Security Layoff and Firing policies  Grievance Procedure: a series of steps employees must take to appeal an employer’s decision they feel violates just cause.

4. Layoffs & Plant Closings  Collective Bargaining Agreements do not guarantee a job for life.  They may however provide for severance pay in the case of a layoff or closing.  Worker Adjustment & Retraining Notification Act (WARN) This compels some companies to give employees at least 60 days notice of a factory shut down or massive layoff. Only affects companies with 100+ workers.

5. Illegal Discrimination  Civil Rights Act of 1964 Race, Color, Creed, National Origin, or Gender  Age Discrimination in Employment Act

6. Professional Employment Contracts  Employers expect Employees: To have the skills and experience they claim to have Reasonable amount of work To be loyal, honest, dependable, and abide company rules  Employees expect: To be paid regularly To work in a safe environment To be taught how to do their job To be treated fairly Opportunity for raises and promotions

7. Terminating the Relationship  If the contract does not state the length of employment, it can be terminated at any time.  Exceptions??? Wrongful Discharge (Unjust dismissal): provides employees with grounds for legal action against employees who have treated them unfair.

8. Five Standards to Judge:  Promissory Estoppel: See p. 437  Implied Contract: employer has said, written, or done something to lead the employee to reasonably believe that he or she is not an at-will employee.  Public Policy Tort: must prove his/her firing hurt the public at large  Intentional Infliction of Emotional Distress: See p. 441 Example 5  Implied Covenant: in any employment relationship there is an implied promise that the employer and the employee will be fair and honest in their dealings.

9. Legislation Affecting Employment

10. Wagner Act (1935)  National Labor Relations Act  To encourage collective bargaining, discourage unfair labor practices and provide federal assistance in obtaining fair bargaining.

11. Taft-Hartley Act (1947)  Labor-Movement Relations Act  Tried to equalize the power of labor and management 60 day “cooling off” period Closed shops illegal Union shops are allowed Outlaws featherbedding –The practices of assigning more employees than are actually needed to a job.

12. Landrum-Griffin Act (1959)  Labor Management Reporting and Disclosure Act To stop corruption in unions they must register their constitutions and bylaws with the Security of Labor

13. Regulating the Employment of Minors  Child Labor Laws: control the work that children are permitted to do

14.  1842: Massachusetts limited children under 12 to 10 hours per day  1880: Only a few states had laws  1930: 44 states had laws dealing with non-manufacturing occupations  1934: Conference on labor Legislation adopted a set of standards

15. Fair Labor Standards Act of 1938  Updated in 1974.  Prohibits the interstate or foreign shipment of any goods produced in factories with “oppressive child labor”  Oppressive Child: any minor under 16 (under 18 for dangerous work)

16. Exceptions???  Children working in agriculture after school hours  Child actors  Children working for their parents in jobs other than manufacturing  Children delivering newspapers