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Legal studies chapter 21

by: Paget Kern

Legal studies chapter 21 LGS 200

Paget Kern

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Employment relationships
Legal Studies Honors/ Legal Environment of Business
Mr. Brian Turner
Class Notes
LGS 200, Legal Studies honors
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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


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