Introduction to Employment Law and Workers' Compensation

Discussion on the duties owed by employers to employees and contractors.
Overview of federal employment laws pertinent for the test:
  - Workers' Compensation
  - Americans with Disabilities Act (ADA)
  - Family and Medical Leave Act (FMLA)
  - Title VII of the Civil Rights Act (discrimination claims)

Definition of Independent Contractors:
  - Individuals who take on specific projects and retain control over how to complete them.
  - No control over their schedule or tasks directed by employers. Examples include:
    - Uber drivers
    - Grocery delivery workers (e.g., Instacart)
    - Freelance professionals (e.g., lawyers, real estate agents)
Characteristics Distinguishing Employees from Independent Contractors:
  - Control and direction:
    - Employees are often told how, when, and where to work.
    - Independent contractors manage their own workload.
  - Financial relationship:
    - Employees often receive regular paychecks; independent contractors might be paid per project.
  - Skills required:
    - Specific skills or certifications needed often point towards an employee.
  - Duration and permanence of position:
    - Employees may have long-term roles; independent contractors are generally hired for temporary projects.

Safety:
  - Employers owe a duty to ensure safe working conditions for employees.
  - Historical context stemming from the Industrial Revolution and sweatshop conditions.
  - Recent emphasis on safety and training:
    - Mandatory safety equipment (e.g., hard hats and certifications).
Training and Supervision:
- Employers must provide adequate training for tasks expected to be performed.
- Orientation is a key duty to ensure understanding of responsibilities.
Compliance with Laws:
- Employers must adhere to all applicable federal, state, and local employment laws.
Compensation:
- Employees expect to be reimbursed according to the agreed-upon terms.
- Breach of these duties may lead to tort claims or civil lawsuits against employers.

Adherence to Policies and Procedures:
  - Employees must follow rules and regulations set by the employer.
  - Examples of expectations include:
    - Confidentiality and non-disclosure of trade secrets.
    - Maintenance of professional competence.
Avoiding Conflicts of Interest:
- Employees must be careful to avoid situations that may lead to conflicts of interest (e.g., teaching at two competing institutions).

Definition:
- Employment can be terminated by either side at any time, for any lawful reason, unless otherwise specified in an employment contract.
Legal exceptions:
- Discriminatory terminations are prohibited (e.g., pregnancy discrimination, retaliatory firings).
- Terminations contrary to the terms outlined in written contracts are also not permitted.

Definition:
- Workers' compensation is an insurance system that compensates employees who are injured on the job, funded by employers.
Eligibility:
- Only employees are covered; independent contractors and third parties are excluded.
- Workers must show they were injured while performing job-related duties.
Scope of Employment Issues:
  - Complications arising from remote work:
    - Ex. A remote employee injured while getting coffee during work hours.
    - Determining "scope of employment" can be challenging (examples include going downstairs for coffee).

Covers:
  - Medical expenses related to not just the immediate injury but also rehabilitation.
  - Lost wages due to injuries sustained on the job.
  - Disability ratings for prolonged injuries.
  - A statutory schedule delineating compensation for specific kinds of injuries.
Exclusions:
- Emotional distress claims and punitive damages are typically not covered.
- Claims for pain and suffering are also excluded.
Death benefits:
- Dependents may claim benefits if an employee dies due to a work-related incident.

Key Takeaways:
  - Evidence of being within the scope of employment when an injury occurs is crucial.
  - The burden of proof lies with the employee.
  - Robust documentation is essential for a successful workers' compensation claim.
  - As employment laws continue to evolve, particularly with remote work trends, clarity on liability and coverage will remain integral for both employees and employers.