Chap 21 outline law
Chapter 21: Employment Relationships
1.) Employment at Will
A. Is where either party may terminate the employment relationship at any time and for any reason, unless doing so would violate the provisions of an employment contract or a statute?
B. Under the employment-at-will doctrine, as mentioned an employer may hire and fire employees at will (regardless of the employees’ performance) without liability, unless the decision violates the terms of an employment contract or statuary law.
C. Exceptions Based on Contract Theory-Some courts have held that an implied employment contract exists between the employer and the employee.
D. Exceptions based on tort theory-In some situations; the discharge of an employee may give rise to an action for wrongful discharge under tort theories.
E. Exceptions Based on Public Policy-Most often, a common law exception to the employment-at-will doctrine is made on the basis of public policy.
F. Whistleblowing-occurs when an employee tells government authorities, upper-level managers, or the media that her or his employer is engaged in some unsafe or illegal activity.
2.) Wrongful Discharge
A. Whenever an employer discharges an employee in violation of an employment contract or a statutory law protecting employees, the employee may bring an action for wrongful discharge.
3.) Wage and Hour Laws
A. Child Labor- The FLSA prohibits oppressive child labor. Children under fourteen years of age are allowed to o certain types of work, such as deliver newspapers, work frothier partners, and be employed in the entertainment and (with some exceptions) agricultural areas.
B. Minimum wage-The FLSA provides that a minimum wage of $7.25 per hour must be paid to employees in covered industries.
C. Overtime Provisions and Exemptions- Under the FLSA, any employee who works more than forty hours per week must be paid no less than 1.5 times her or his regular pay for all hours over forty.
4.) Layoffs
A. During the latest economic recession
1.) Employment at Will
A. Is where either party may terminate the employment relationship at any time and for any reason, unless doing so would violate the provisions of an employment contract or a statute?
B. Under the employment-at-will doctrine, as mentioned an employer may hire and fire employees at will (regardless of the employees’ performance) without liability, unless the decision violates the terms of an employment contract or statuary law.
C. Exceptions Based on Contract Theory-Some courts have held that an implied employment contract exists between the employer and the employee.
D. Exceptions based on tort theory-In some situations; the discharge of an employee may give rise to an action for wrongful discharge under tort theories.
E. Exceptions Based on Public Policy-Most often, a common law exception to the employment-at-will doctrine is made on the basis of public policy.
F. Whistleblowing-occurs when an employee tells government authorities, upper-level managers, or the media that her or his employer is engaged in some unsafe or illegal activity.
2.) Wrongful Discharge
A. Whenever an employer discharges an employee in violation of an employment contract or a statutory law protecting employees, the employee may bring an action for wrongful discharge.
3.) Wage and Hour Laws
A. Child Labor- The FLSA prohibits oppressive child labor. Children under fourteen years of age are allowed to o certain types of work, such as deliver newspapers, work frothier partners, and be employed in the entertainment and (with some exceptions) agricultural areas.
B. Minimum wage-The FLSA provides that a minimum wage of $7.25 per hour must be paid to employees in covered industries.
C. Overtime Provisions and Exemptions- Under the FLSA, any employee who works more than forty hours per week must be paid no less than 1.5 times her or his regular pay for all hours over forty.
4.) Layoffs
A. During the latest economic recession