LAW- 3

Jmu 318

Employment at Will

Employer or employee can end the job anytime for almost any reason (as long as it’s not illegal).
Example: You get fired randomly → legal unless it breaks a law (like discrimination).

Exceptions to Employment at Will: Contract Exception

If there’s a contract (even implied), employer must follow it.
Example: Handbook says “only fired for cause” → can’t fire randomly.

Exceptions to Employment at Will: Tort Exception

Employer can’t fire you in a way that’s a civil wrong.
Example: Company lies to get you to move, then fires you → fraud.

Exceptions to Employment at Will: Public Policy Exception

Can’t fire someone for doing something society supports.
Example: Fired for jury duty → illegal.

Whistleblowing

Reporting illegal or unsafe behavior by employer.
Example: Reporting fraud to government → protected.

Wrongful Discharge

Illegal firing (breaks law, contract, or protected rights).
Example: Fired for reporting discrimination → wrongful discharge.

National Labor Relations Act (NLRA)

Gives workers right to form unions and bargain collectively.

Collective Bargaining

Union negotiates with employer for workers.
Example: Union negotiates higher wages.

Authorization Card

Signed form saying worker wants union representation.

Good Faith Bargaining

Both sides genuinely try to reach agreement.
Example: Actually negotiating.

Bad Faith Bargaining

Fake negotiating or delaying.
Example: Employer refuses to meet.

Unfair Labor Practices (Employer)

Illegal union-related actions:

• Threatening workers

• Firing for union activity

• Refusing to negotiate

Strike

Workers stop working to protest.

Economic Strike

Workers strike for better wages/conditions

Unfair Labor Practice Strike

Workers strike because employer broke labor law.

FLSA

Requires minimum wage + overtime pay (>40 hrs/week).

Minimum Wage

Employer must pay at least legal minimum hourly rate.

Overtime Pay

Employees get 1.5× pay for hours over 40/week (non-exempt only).

Exempt Employee

Employee not entitled to overtime (manager, professional, salaried).

FMLA

Employees at companies with 50+ employees get up to 12 weeks unpaid leave for:

• Birth/adoption

• Serious health condition

Must be reinstated to same or similar job.

OSHA

Employer must provide safe workplace and follow safety standards

Workers’ Compensation

Employee gets benefits if:

1. Employment relationship exists

2. Injury occurred on the job

→ Fault does NOT matter

Unemployment Insurance (FUTA)

Workers get benefits if unemployed through no fault of their own.
Example: Layoff → yes, quitting → no.

ACA

Employers with 50+ employees must provide health insurance or pay penalty

Title VII

Employers cannot discriminate based on protected classes.

Protected Classes

Race, color, religion, sex, national origin (+ age 40+, disability, etc.)

Disparate Treatment (Intentional)

Employer treats someone differently BECAUSE of protected class.
Example: Refuses to hire women.

Disparate Impact (Unintentional)

Neutral rule disproportionately harms protected group.
Example: Strength test eliminates women.

Prima Facie Case

Employee shows basic evidence of discrimination → shifts burden to employer.

Constructive Discharge

Working conditions are so bad that a reasonable person would quit.
Example: Severe harassment.

Business Necessity

Employer proves rule is essential to job performance.

BFOQ

Discrimination allowed if trait is necessary for the job.
Example: Female actor for female role.

Seniority System

Decisions based on length of employment, not discrimination.

After-Acquired Evidence

If employer later finds misconduct that would have gotten employee fired anyway → damages are reduced (no reinstatement).
Example: Fired illegally, but later found stealing → less money.

Trademark

Protects a brand name/logo that identifies the source of goods (must be distinctive).
Example: Nike logo.

Service Mark

Trademark used for services instead of products.
Example: Airline logo.

Trade Dress

Protects the overall look of a product or business that identifies its source.
Example: McDonald’s design.

Trademark Infringement

Using a mark that causes consumer confusion about the source.
Example: Fake logo that looks like Nike.

Trademark Dilution

Use that weakens a famous mark’s uniqueness (no confusion needed).
Example: “Kodak” used for shoes.

Counterfeit Goods

Fake products that use identical trademarks to deceive buyers.
Example: Fake Louis Vuitton bags

Trade Name

The name of the business itself (not a product).
Example: McDonald’s.

Licensing

Owner allows others to use IP for payment while keeping control.
Example: Disney licensing characters.

Patent

Protects a new, useful, non-obvious invention for ~20 years.

Patent Infringement

Making/using/selling a patented invention without permission.

Patent Remedies

Owner can get:

• Damages (money)

• Injunction (stop use)

• Triple damages if willful

Copyright

Protects original creative works (books, music, videos).

Exclusive Rights

Owner controls:

• Copying

• Distribution

• Display

• Derivative works

First Sale Doctrine

You can resell a legally purchased physical copy.
Example: Selling a used book.

Fair Use

Allows use of copyrighted material without permission if used for purposes like education, commentary, or news AND it does not harm the original work’s value.

Trade Secret

Confidential info that gives business advantage and is kept secret.
Example: Coca-Cola recipe.

National Law

Law that only applies inside one country’s borders.
Example: A U.S. copyright only protects you inside the U.S.

International Law

Rules from agreements that help countries recognize and enforce rights across borders.
Example: A U.S. company uses a treaty to protect its trademark in France.

Comity

A country chooses to recognize another country’s laws/judgments (not required to).

Example: A U.S. court enforces a Canadian court judgment.

Act of State Doctrine

Courts will not question a foreign government’s official actions in its own country.

Example: A U.S. court refuses to review a law passed by another country’s government.

Sovereign Immunity

A foreign government cannot be sued unless: (1) it consents OR (2) it is acting commercially (business activity).

Example: You can’t sue a country for its laws, but you can sue it for a business deal.

Forum Non Conveniens

A court dismisses a case because another country is a better place to hear it.

Example: A U.S. court dismisses a case so it can be tried in Germany where the incident happened.

Choice of Law

Determines which country’s law applies to a dispute.

Example: A U.S. court applies Japanese law to a contract made in Japan.

Direct Exporting

Company sells directly to a foreign buyer.
Example: A U.S. company ships products straight to customers in Canada.

Indirect Exporting

Company uses a third party to sell in another country.
Example: A U.S. company hires a distributor to sell its products in Europe.

Defamation

Employer makes false statements that harm employee’s reputation during termination.

Example: Telling coworkers an employee stole when they didn’t.