Legal studies chapter 21
Legal studies chapter 21 LGS 200
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This 3 page Class Notes was uploaded by Paget Kern on Wednesday April 6, 2016. The Class Notes belongs to LGS 200 at University of Alabama - Tuscaloosa taught by Mr. Brian Turner in Winter 2016. Since its upload, it has received 10 views. For similar materials see Legal Studies Honors/ Legal Environment of Business in Business at University of Alabama - Tuscaloosa.
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Date Created: 04/06/16
LGS chapter 21 Employment Relationships Employment at will: fired for any reason or no reason whatsoever, unless a contract said differently o Exceptions: contract doesn’t designate that it’s an employment at will o Ellis vs. Bluesky Ellis is head of charter school, contract said he was an at will employee, but contract designated that the board would analyse and termination was at end at year Contacted in may, supposed to be told before then Wanted to be compensated for next school year because they violated their promise At will is more influencial than the rest of contract, Bluesky wins the case o Torts Maybe able to get around at will policy Whistleblower: something bad going on in company and reported, that employee is fired Windell v. Boyce o Working at nursing home, noticed that nurses were not treating patients properly o Fired, sued for unreasonable termination, said at will o Public policy, she won the case because she notified the right agency about abuse o Wrongful discharge: employers; action do not violate anything in contract, cannot be fired Wage Hours and Layoffs o Davis Bacon Act: prevailing wage for sub contracter are entitled to if working on federal construction project o Waslh Healey Act: employers with contract with federal government, requires minimum wage o FLSA: Involved in a business that affects business over state lines, abide Child labor: workers under 14 years old are limited to type of work Family run and entertainment are more lenient Between 14-15, cannot work in hazardous occupation, and limitation on how much you can work 15-18, no restictions amount, but no hazardous 18 plus: can work anywhere for however much time Minimum Wages FLSA says minimum wage is 7.25 federally,but subject to be raised by sstate, entitled to the higher of the two 2.13 for waitors, up to employer to cover the difference to federal minimum wage Overtime Rule: Work over 40 hours, employees are entitled 1.5 times her hourly wage for those hours worked over 40 hours Exemptions: professuinals reciving a salary Starbucks managers claim they are entitled to overtime pay, filed suit because he worked as a regular employee instead of as a manager. Court said he wasn’t adhering to management duties, did not win Layoffs Worker adjustment and retraining notification act o Mass layoff or shut down plant, require at least 60 day warning to employees o 33% or more than 50 employees being layed off o Notify departments of labor o Bankrupcy included o Remedies Company fails to give 60 day notice, fine of $500 per day of violation Pension plans Family and medical leave act o Employer with more than 50 employees (sometimes less), have to provide up to 12 weeks of unpaid leave to care for those suffering with a serious medical condition within the year o Coverage and Application Military Caregicer Leave: take up to 26 weeks o Benefits/Protections Employer must continue worker’s health care on same terms Entitled to same pay, job, promotion Exception: key employee, top 10% salary owners, no guarantee to protection of that same salary o Violations Damages/ job reinstatement/ promotion, entieled to any monetary losses to an amount equivalent to the 12 weeks if intentionall not given the leave or adhering to these rules o Occupational Saftey and Health Act OSHA Federal law to promote safety in workplace Gives the right to reject a position if you reasonable fear a job, cannot be terminated If injury or death, OSHA conducts investigatin within 24 hours o State Worker’s Compenation Laws Exclusive remedy for employees Instead of suing for injuries, file a claim with employer Prove that you are an employee, that it was an accidental injury, Barred from suing employer, unless the employer intentionally causes your injury Income Security o Social Security Portiion of incomes goes to FICA Reach age of 62, can draw off of those taxes to help supplement retirement expenses or disablement o Medicare Health insurance program that are 65 years old or more Under65 years old and disabled Medicade is available for those that are under 65 and connect afford medicare o Private Pension Plans Not required, but if yoy have it Detailed record Keeping Vesting: as an employee, you are entitled to money from pension plan, both money invested by you and matched by your employer is yours unless the term has not been completed Investment of funds o Unemployment Ubsurance FUTA: if you lost your job and cannot find another job, if you can file for unemployment benefits up to 6 months o COBRA: federal right to continue health insurance Up to 18 months to stay on same health insurance policy, but personally responsible for preminum pay Exact same policy and benefits as when you were employed there o HIPAA: limits employer’s ability to exclude preexisting conditions Confidential