Employment Law
Business Law 3175 with Deangelis at University of Connecticut
About this deck
By: Asia Manning
Created: 2010-05-03
Size: 22 flashcards
Views: 131
Created: 2010-05-03
Size: 22 flashcards
Views: 131
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employee
control the manner and means by which the work is conducted
set hours etc.
employee vs. independent contractor factors
1. degree of control over details
2. similarity of businesses
3. close supervision?
4. who supplies tools
5. length of employement
ownership of work
independent contractor - owns work and ideas and copyright
employee - all work is owned by corporation
regulation and legal obligation to employee
minimum wage regulation, unemployment compensation, worker's compensation insurance, withholding taxes, overtimes
civil and criminal liability
respondeat superior for vicarious liability (employers due to negligence of employees)
2 step analysis: employee or ind. contractor
and is act committed within scope of employment (irrational behavior not covered)
Independent Contractor Liability
Negligent Hiring
store liable if they do not properly research who they choose to hire as independent contractors
minimum wage
required for employees
does not even pay enough for a mother to be above the poverty line
Worker Health and Safety
Occupational Safety and Health Act 1970
Worker Compensation Laws
Income Security
Social Security
Medicare
Private Pension Plans
Unemployment Compensation
Health and MEdical
health coverage NOT statutorily required
FMLA Family and Medical Leave Act
>50 workers
allow 12 unpaid weeks for medical condition or new child
require to give same position back
military duty
Employment at Will Doctrine
All may dismiss their employees at will, for good or no reason or amoral reason
SLide 16
null
Exceptions to Employment at Will Doctrice (statutory)
NLRA- can't be fired for union activities
discrimination: title VII
whisteblower protection - very limited
Exceptions (Common law)
Not universal
some states recognize more other version
eaw is still prevailing law
wrongful discharge
really claim unlawful discharge
because you are allowed to be fired for bad reasons just not unlawful
public policy exception
NARROW - SHOULD encourage people to do the right thing
shouldn't punish for lying
refusal to commit unlawful act
refuse to commit perjury
can't fire quality control inspector for following law
does not protect unethical acts
performance of important public obligation
legal right or legal duty
allowed to leave armored truck to protect from theft
Free speech
not protected right for employment at will
can be fired for making a comment
Whisteblowers
- little to no protection
- harmful to employers
- common law whistle blowers are wrong doers
Even statutory protectionss narrow
nurse fired for exposing wrong of employer because locks were suggested but not mandated by law
About this deck
By: Asia Manning
Created: 2010-05-03
Size: 22 flashcards
Views: 131
Created: 2010-05-03
Size: 22 flashcards
Views: 131
About StudyBlue
STUDYBLUE makes things that make you better at school.
Things like online flashcards with photos and audio.
Things like personalized quizzes and friendly reminders about when (and what) to study next.
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