Ch. 20 : Employment Relationship

Discharge contract

Exceptions

Contract theory

Implied contract, fire in different terms

Bulletin

Oral Premises

Arbitrarism

Good Faith

Tort theory

Fraud

Promise believed by the employee and not completed by the employer

Infliction of emotional distress

Defamation

Public Policy

Statutes

Refuse to enter criminal acts

Wrongful Discharge

No violation of employment contract or statutory law

Common law

The occupational Safety and Health Act

Safe workplaces

Specific standards

Enforcement agencies

3

The National Institute for Occupational Safety and Health

Research health problems

Occupational Safety and Health Review comission

Appeal form actions of the OSHA

OSHA

Occupational safety and health administration

Promulge standards

Make inspections

Procedures and violations

Employers with 11 or more

Injury and illness records

Report OSHA

Injury

Death

Accident

5 or more employees on it

48 hrs to do so

State workers' compensation Laws

Administrative procedure for compensating workers injured on the job

Domestic, agricultural,temporal, common carriers

Excluded

Minors

Included

Requirements

Employment relationship

Injured

Accidental on the job in the course of employment

Employees notify

Employer

Injury promptly

30 days

Agency

workers' compensation claim

60 to 2 years

Advantages

No common law defenses of

Contributory negligence

Assumption of risk

Disadvantages

Cannon sue after accepting workers' compensation

FMLA

Time off Work

Coverage and Application

Employer with 50 or more

12 weeks of unpaid family or medical leave

continue health-care coverage

same position or comparable position

Except

Key Employee

Top 10 percent pay

New people and part time are not covered

Remedies

Damages for lost benefits, Denied compensation, monetary losses

Up to employees wage for 12 weeks

Job Reinstatement

Promotion

Davis-Bacon Act

Prevailing wages

Contractors or subcontractors

Government contruction projects

Walsh-Healey Act

Minimum wage

1.5 times regular pay

Overtime

Federal Government

Fair Labor Standards Act

Extend wage-hour requirements

Cover all employers involved in interstate commerce

Child Labor

Under 14

Deliver newspapers

Work for their parents

14-15

Not hazardous occupations

No more than 3 hours in school day

No more than 8 hours in normal day

16

No time limit

Not hazardous occupations

18

None of the above

Hours and Wage

Minimum wage

7.25 per hour (2009)

More than 40 hours

Overtime

Paid 1.5 times the regular pay

hours done - 40

Exemptions

Does not apply to

Manual workers

Workers who perform repetitive tasks

firefighters

Police

Insurance programs to protect from

Retirement

Death

Disability

Hospitalization

Unemployment

Social Security Act

Provides

Old age survivors and disability insurance

OASDI

FICA

Help pay benefits for retirement

Employer and Employee

Medicare

65 years or older

Some disable under 65

Financed

Employers and Employees

Private Pension Plans

Employee Retirement Income Security Act

ERISA

Retirments plans by employers

Unemployment Compensation

Federal unemployment tax act

FUTA

Requirements

Worker willing to work, actively seeking work

COBRA

Lost job

Not eligible for group health-insurance plans

Employers with 20 or more

Gives employee right to continue the group health benefits for a litmited time

Spouses

Former SPouses and children

Procedures

Employer Notifies of COBRA to the Employee

Employee has 60 days to decide to continue with the plan or not

Employer has no further obligation

18 more months of coverage

Employee pays premiums for continued coverage and administrative fees

Employer-Sponsored Group Health Plans

HIPAA

Requirements for Insurance

Limit exclusion

Preexisting condition

med treatment within 6 months

Employees given credit for previous health coverage

Reponsabilities

Collect info

Privacy

Electronic Monitoring in Workplace

Employer Informs

No Privacy issues

Electorinc Communications Privacy Act

Use in business course

Other types

Lie Detector tests

Not allowed

Drug testing

Public Employers

Public safety issues

Private

Some norms

AIDS and HIV

American Disabilities Act