Chapter 21

Employers may

dischagre employees at any time without cause or notice (private sector jobs

Most governemtn jobs can only fire someone for

cause and provide notice for plans of termination

All states in the US except montana

Recognize the “at-will” employment doctrine

Expections to at will employement doctrine

Violation of statutes

Public Policy (ex. jury duty, filed claim with eeoc)

Contractual Rights

Fair Labor Standards Act

Established minimum wage, overtime pay, record keeping req, and child labor standars

Current federal minimum wage is

$7.25/hr

Minimum wage for tipped workers is

$2.13/hr

The amount of tips + $2.13 must reach at least $7.25/hr, if not

Employer must pay the difference

Overtime

Time and a half the regular rate of pay for every hour over 40 hours

Employees exempt from overtime

Managers

Executive admin

Highly Compensated employees

Minimum age to work

14

Minor under 16 have

Limit on number of hours they are allowed to work

Under FLSA

Does not require breaks or meal periods to workers (execption - working moms for one year after giving birth)

Limitations to Employment at Will Doctrine

When it comes to FLSA, forbids discharge for excersing right guarenteed by minimum wage and overtime provisions of the act

Family and Medical Leave Act

Requires employees to provide up to 12 weeks of unpaid leave for

-birth and care of newborn

-adoption of child or placement of foster child

-care of an immediate family member

-Employee is unable to work due to a serious health condition

Family and Medical Leave Act applies to employers who employ

more than 50 employees

Eligible employees for Family and Medical Leave Act

Employees who have worked for a minimum of 12 months for the employer

Employers must notify

Employees that they are eligibile for leave. under FMLA

Employers may

request certification that a qualifying event has occured

Employers must keep

job available for employee upon return

Historically, prior to workers comp laws, employees could

Sue employers for neglicgence

Employers could defend based on

Assumption of risk

Contributory Negligence

Fellow Servant rule (if fellow employee neg causes injury u can sue them, not emploeyer)

In 1855, GA and AL passed

Employer Liability Acts

By 1949, every state had

a workers comp program

Purpose of workers comp

TO protect employees and their families from risk of accidental injury or death resulting from employement

Workers comp applies to

Injuries that are taking place in the course of employement

Workers comp creates a strict

no fault liability for employers of accidentally injured workers

Liability of exists regarless of lack of

negligence or fault

WC provides cash payments for

Loss of income and medical benefits

Tes for determining compensation

Was injury accidental?

Did injury rise out of and in course of employment?

Exclusive Remedy Rule

Employers sole remedy for workerplace injury shall be workers compensation

The workers ompensation system is administered by

a state administrative agency with quasi-judicial powers

Employers pay workers comp premiums

Awards are formulaic based on percentage of wage

Provides for medical care