Ch. 21 Employment Laws

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16 Terms

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Employment at Will

employers may discharge employees without cause at any time and without notice

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Who applies employment at will?

only private jobs, but it is spreading to government jobs

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Federal Minimum Wage

$7.25

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Minimum wage for tipped workers

$2.13

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Overtime rate

1.5x regular rate of pay for every hour over 40 hours

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Minimum age

14

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Exempt employees from overtime rate

executive administration, managers, professional positions, highly compensated employees

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Who is eligible to take leave uner FMLA

employees in companies who employ 50+ and worked a minimum of 12 months for the employer

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FMLA requires employers to provide up to 12-weeks of unpaid leave for

  • birth and care of a newborn

  • adoption of child or placement of foster child

  • care of an immediate family member (spouse, minor child, parent) with serious health condition

  • employee is unable to work due to a serious health condition

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Under the FMLA, employers must:

  • notify employees that they are eligible for leave under the Act

  • may request medical certification that a qualifying event has occurred

  • must keep the job available for employee upon return

  • if job gives out bonuses based on perfect attendance, if employ had perfect attendance prior to the leave, bonus is required

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History of Workers Compensation

employees could sue their employers for negligence, and employer could defend based on:

  • assumption of risk

  • contributory negligence

  • the fellow-servant rule

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fellow-servant rule

if your fellow employee’s negligence contributed to your injury, you can only sue them not the employer

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Workers Compensation Purpose

protect employees and their families from the risks of accidental injury or death resulting from employment

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What does workers compensation apply to?

injuries in the course of the employment

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Tests for determining compensation

  • was the injury accidental?

  • did the injury arise out of and in the course of employment?

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Exclusive remedy rule:

employee’s sole remedy for workplace injury shall be workers’ compensation