MGT 334 Employment & Labor Law Study Notes

ELL Exam Expectations and Structure

Understanding Legal Documents: Case Briefs vs. Court Briefs

• Lekmir Case (1992, Supreme Court): Established non-employee standard for solicitation in shopping centers.

The Fair Labor Standards Act (FLSA) Overview

• FLSA: Federal law establishing minimum wage, overtime pay, recordkeeping, and youth employment standards.

  • Key Components:

  • Minimum wage requirements.

  • Overtime provisions.

  • Child labor restrictions.

  • Recordkeeping requirements.

Minimum Wage

• Mandate: Minimum wage for non-exempt employees to ensure living standards.

• Current Rate: $7.25$ per hour; many states offer higher rates.

Overtime Provisions

• Requirements:

  • Eligible employees must receive time-and-a-half pay for hours exceeding $40$ in a workweek.

  • Applicable exceptions noted but not specified in depth.

Child Labor Restrictions

• FLSA Provisions: Protects minors by limiting their employment across sectors.

Recordkeeping

• Requirement: Accurate recordkeeping of wages, hours worked, etc.

Wage Level and Salary Basis Classifications

• Current Wage Level (effective January $1, 2020$):

  • Weekly: $684$

  • Annual: $35,568$

• Highly Compensated Employees (HCE): Threshold at $107,432$ annually.

Salary Basis Requirements

• Paid weekly or more frequently, not reduced for performance quality/quantity.

• No deductions for non-workweeks unless specified.

• Bonuses/incentives must adhere to FLSA standards.

Classifications of Exempt Employees

1. Executive: Management duties, direct oversight of two or more employees, hire/fire authority.

2. Administrative: Non-manual work linked to management operations, exercising discretion on significant matters.

3. Professional: Advanced knowledge-based roles requiring education, creativity, and originality.

4. Computer-Related: Designing and developing systems; Pay must be $684$/week or $27.63$/hour.

5. Outside Sales: Sales activities conducted away from employer’s premises.

6. Other Categories: Including HCEs and roles governed by DOL regulations essentially requiring advanced training.

Overtime Regulations

• Employees must receive overtime compensation based on established salary rate exceeding $40$ workweek.

Defined Concepts of Work Hours under FLSA

• Importance: Definition of work hours is crucial for wage compliance.

  • Portal-to-Portal Act (1947): Defines hours worked, excluding preliminary/postliminary activities not integral to principal duties.

  • De Minimis Rule: Negligible amounts of uncompensated time need not be paid.

Examples of Compensable Work Hours

• Donning/Doffing: Involves compensability conditions under integral and indispensable criteria.

• Mandatory Screening: Assessment requires evaluative criterion for compensability.

• Breaks: Mandated breaks are not required by law; those lasting under $20$ minutes must be compensated.

• Travel Time: Differentiates between job-related travel and non-paid commutes.

• Training Activities: Criteria for pay during training based on relationship to employment position.

Compensatory Time (Comp Time)

• Definition: Paid time off granted instead of overtime.

• State Law Variances: May vary by jurisdiction and corporate policy.

Deductions from Pay under FLSA

• Authorization Requirement: Employers must obtain written consent from employees before wage deductions.

  • Types of Deductions: Covered deductions include taxes and court-ordered garnishments.

Final Paychecks

• Legal Implications: State laws govern how deductions from final paychecks are managed.

MGT 334 Labor Development & Legislation: The NLRA Part One: Intro & Overview

Organized Labor and NLRA

• Organized Labor: Collective organization of workers, typically through unions for better negotiation of employment terms like wages and conditions.

• National Labor Relations Act (NLRA): Foundational labor law governing union-employer relationships.

  • Components: Representation, duty of fair representation, collective bargaining, unfair labor practices, and public-sector labor relations.

Labor Law Definition

• Coverage: Body of laws governing worker-employer relationships encompassing rights and duties.

  • Central Issues: Employee organized activity, hours of work, pay standards, terms/conditions of employment.

Criminal Conspiracy

• Definition: An agreement between two or more persons to commit an unlawful act; potentially intersects with labor law during collective actions viewed as illegal.

Labor Development in America

Historical Context

• Late 1700s – Early 1800s: Industrial revolution sparked organization among workers.

• Mid-1800s: Commonwealth v. Hunt (1842) established that conduct of labor organizations was not illegal as long as their objectives and means were lawful.

• Post–Civil War Period (1865 – Early 1900s): Increase in violent strikes as labor strata became easier to replace; emergence of significant labor organizations (Knights of Labor, AFL, IWW).

Employment at Will Doctrine

• Definition: Either party can terminate an employment relationship for any legal reason (or no reason) unless restricted by specific laws or agreements.

• Exceptions: Include protections against discrimination, retaliation, and established rights under public policy.

Legal Framework Impacting Labor Movements

Injunctions

• Definition: Court orders prohibiting actions or mandating corrections to wrongdoings often utilized in labor disputes to limit strikes.

Yellow-Dog Contracts

• Definition: Contracts requiring employees to pledge against union membership; upheld historically in hunting down union activities.

Antitrust Laws

• Sherman Antitrust Act (1890): Forbids monopolistic activity/checks and empowers citizens to sue for damages; permits injunctions against violators.

Early Legislation Affecting Labor

• Railway Labor Act (1926): Maintained employee bargaining representatives; established protocols for dispute resolution.

• Federal Employers Liability Act (1908): Aimed at high railroad accident rates and provided protections for injured workers.

• Norris–La Guardia Act (1932): Prohibited federal court injunctions in labor disputes except under strict criteria.

• State Anti-Injunction Laws: Defined limits on courts reacting to labor disputes.

National Industrial Recovery Act (NIRA) (1933)

• Creation: Framework for fair competition; criticized later declared unconstitutional.

National Labor Relations Act (NLRA) (1935)

• Focus: Established rights to organization and collective bargaining while identifying unfair labor practices.

Labor Movement Trends (1950s–1960s)

• Union Goals: Ensure job security amid technological change, gaining new benefits, and maintaining stable wages; merger of AFL and CIO forms the significant labor organization.

• Post-WWII Decline of Organized Labor: Membership peaked in the 1950s; however, union growth saw declines due to economic factors and individual employee rights.

NLRA Key Legislation Overview

• Right to Organize: Employees protected against unfair practices when engaging in collective activities.

• Sections 7–10: Encompass employee rights, defining violations, and the mechanisms for enforcement under the NLRA.

Employment & Labor Law: Legislative Framework

Legislative Branch

• Function: Creates and enacts laws through Congress, Senate, and House of Representatives.

Judicial Branch

• Function: Interprets laws through the Supreme Court and Federal Courts.

Key Employment Laws Highlighted

• NLRA (1935), FLSA (1938), Equal Pay Act (1963), Title VII (1964), ADEA (1967), OSHA (1970), Rehabilitation Act (1973), ERISA (1974), ADA (1990), and others.

Employment Law Key Questions

• Is there a law? Does it apply? What does it require?

Case Law Significance

• Development: Influences the interpretation and practical application of statutory laws through judicial decisions.

• Components of Case Briefs Include: Name of Parties, Citation, Facts, Procedural History, Issue, Decision, Rationale/Analysis.

Key Agencies & Resources

• DOL: Enforces employment law. OSHA: Workplace safety standards.

• NLRB: Protects workers' rights to unionize. EEOC: Ensures fair and equitable hiring practices.

Privacy and Monitoring in Employment

Overview of Privacy Rights

• Areas include solicitation, employee rights, technological monitoring, healthcare data, genetic information privacy, etc.

• The importance of reasonable expectations versus legitimate employer monitoring needs.

Technology Implications

• Privacy considerations require balancing employee rights and company monitoring policies in digital contexts.

Work Law Context

Workers' Compensation

• Premise: Exclusively compensable claims for workplace injuries, setting limits on employees' tort claims. Focus on essential evaluations for injuries, including the employment relationship against tort frameworks.

Recent Trends Regarding Workers’ Comp

• Introduction of high standards to prove intentional torts exceptions; evolving practices focus on employee engagement and company policies.

Evaluative Framework for Employment Contracts and Torts

• Analyzes contract elements (offer, acceptance, consideration) alongside tort distinctions (negligence versus intentional acts).

Key Points in Torts

• Tort: Defined as a civil wrong; includes intentional and negligent violations, mechanisms of liability, and defenses available in employment contexts.

Exam Preparation and Practical Tips

Parameters for Success

• Use classroom materials effectively; comply with policies related to coursework and AI use. Focus on mastering concepts before applying them in practical scenarios.

Essential Key Terms and Commentary

• At-will employment, exclusive remedy, independent contractor evaluations, duty of fair representation, and more guiding principles referenced throughout.

Conclusion

• Broad Overview: Connects core legislative, judicial, and practical considerations for employment and labor law; balances historical context and current applications in labor relations and HR practices.