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Employment Law

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by

Robert Russo

on 12 January 2016

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Transcript of Employment Law

Employment Law
Employment Contracts
Legal Relationship
Employer - Pays and is in control of Employee
Employee - Works

Independent Contractor
No Supervision
No Employment Relationship

Employment Contracts Unusual - variety of sources
Termination of Employment Contracts
Terminable at Will
No Liability for Quitting
Employer can fire without reason

Wrongful Discharge
Can't Fire Due to Discriminatory Reasons
Can't Fire for Retaliatory Reasons

Specific Length of Time
As stated in contract
Breach by Employee

Government Employment Contracts
Due Process Required
Employee has right to Dispute

Unemployment Compensation - Money Paid for Lost Job
Private Insurance or Gov't Funded
Discharged without Cause - Rec Benefits
Discharged with Cause - Generally Not Entitled

Unions
History of Unions
Violent - Gov't Helped Oweners Against
Yellow-Dog Contracts - Anti Union
Ex parte Injuction - Only one side

National Labor Relations Board - Federal Agency
Oversees Labor Issues instead of Courts
National Labor Relations Act - AKA Wagner Act

Establishing Union
Bargaining Unit - Group of employees same contract
Voluntary Recognition - Large enough % - go to employer
NLRB Petition - If Voluntary Recog. Denied - 30%
Certification - after NLRB Hearing and Majority Vote
Certification Campaigns - No Employer Interference

Decertification - Change or Eliminate Union - 30%
Express Agreements
Written or Oral
Describe Elements of Employment
Violations = Liable for Breach

Implied Agreements
Employee at Will - discharged at anytime

Terms Imposed by Law - Ex. Minimum Wage
Employee Duties
Obedience
Reasonable Skill
Loyalty and Honesty
Reasonable Performance
Employer Duties
Reasonable Treatment
Safe Working Conditions
Fair Labor Standards
Payroll Deductions
Duties to Minors
State Law
Federal Law
Military Service
Votiing
Employers are liable to those injured by employees
Vicarious Liability
Mass Laws about Employment - www.lawlib.state.ma.us/subjdect/about/employment.html
Relations in Unionized Workplace
Union or Agency Shop - Required to join or pay dues
Open Shop - Not required to Join
Closed Shop - Hired if in Union first
Right to Work - Prohibit Compulsory Union Membership
Not All States
Only Open Shop allowed
Collective Bargaining
Process of Negotiating Contract
Strikes - Economic or Unfair Practice
Economic - Replace Workers
Unfair Practice - Hire Union Member Back

Boycott - Primary = Legal Secondary = Usually illegal
Employee Injuries
3 Ways to Deal with Employee Injuries
Negligence Suits
Worker's Compensation
Job Safety Requirements

Negligence = Many Problems
Assumption of Risk
Contributory
Co-Worker Negligence

Worker Comp - Substitutes Negligence Suits
Scope of employment
Through Hearing
Medical Expenses - Pain and Suffering - Lost Wages

OSHA
Full transcript