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Labor Relations

in Business Law
by

Sara Skowronski

on 18 November 2014

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Transcript of Labor Relations

Labor Relations
Part 6, Ch. 28, 29, & 30, and a little bit of chapter 12
Brought to you in part by Sara Skowronski

Employer/EmployeeRelationships
Contracts arise only from a contract of employment.

Parties seldom mention contract period; terms of compensation determine the contract period.

Terms other than compensation are determined by custom, law, and union contracts.

Let's share our contracts!

Assigned versus Delegated
(from ch. 12 on contracts)

When you sign your employment contract and it states…other duties as assigned….
What does that mean?
What happens if your boss delegates something to you and you don’t do it, who is responsible?

Duties and Liabilities of Employers
Duty to exercise care
Duty to provide reasonably safe place to work
Duty to provide safe tools
Duty to provide competent employees for the task
Duty to instruct employees as to any possible dangers

Assignment
If you are assigned a task – you own that task.
If you fail to do that task, you are responsible, if you delegate that assigned task you are still responsible for that task.

Delegation
Delegation.
Transfer of duties without rights.
You can still be liable, however you do not own the task, it is still owned by whom it was assigned to.

Common-Law Defenses of Employers - Contributory Negligence Rule
If a person was injured in part due to his/her own negligence (his/her negligence "contributed" to the accident), the injured party would not be entitled to collect any damages (money) from another party who supposedly caused the accident.
Common-Law Defenses of Employers - The Fellow Servant Rule
A common-law rule governing job-related injuries that prevents employees from recovering damages from employers if an injury was caused by the Negligence of a coworker.
Common-Law Defenses of Employers - Assumption of Risk Rule
A defense, facts offered by a party against whom proceedings have been instituted to diminish a plaintiff's Cause of Action or defeat recovery to an action in Negligence, which entails proving that the plaintiff knew of a dangerous condition and voluntarily exposed himself or herself to it.
Statutory Modificationof Common Law
Workers’ Compensation
Allows an employee or beneficiary to recover damages for injury or death.
Does not consider employee negligence a factor.
Occupational Safety and Health Act
Applies to every business conducting interstate commerce except governments.

Employees’ Duties to Employers
Job performance
Employees must perform their jobs faithfully and honestly to advance employer’s interests.
Business confidentiality
Employees must not divulge any sensitive business matters.
Granting of right to use inventions
Inventions belong to the employee who devised them, but the employer has the right to use the invention without charge.
When Aren't Things Covered Under Worker's Comp?
Generally, injuries that happen because an employee is intoxicated or using illegal drugs are not covered by workers' compensation. Coverage may also be denied in situations involving:

self-inflicted injuries (including those caused by a person who starts a fight)
injuries suffered while a worker was committing a serious crime
injuries suffered while an employee was not on the job, and
injuries suffered when an employee's conduct violated company policy.
Rights of Employees
Act 10 in Wisconsin
To organize

To bargain collectively

To strike or boycott

To join or not to join a union

How Did Act 10 Impact Governmental Employees?
???
How did Act 10 Affect Government Employers (Agencies, Municipalities, School Districts)?
???
How did Act 10 affect Labor Unions and Collective Bargaining in Wisconsin?
???
Keep in Mind
This video is only
ONE viewpoint.....
Let's pull out the facts...
That's all on Employment Law.....
What's Due Next Week? Diagram a Lawsuit
Diagram a Lawsuit Assignment

Attached is a flow chart of how to diagram a lawsuit.

Your Assignment: First, find an article in which a lawsuit has been settled that involves a business decision.

Write a paper or create a power point presentation that takes the entire lawsuit through the various phases. Your lawsuit may not involve all of the phases, however, make sure you define the various phases the lawsuit you chose went through. Provide a full story from front to the very end taking us through the phases of the lawsuit.

As long as you do the research into the background of the lawsuit and cover it from start to finish, you have the creative freedom to show it however you feel is the best way.

Have fun with this, you can choose to create a Power Point or even a Prezi, or just stick to MS Word.




AND.....
Political Action Research Paper AND Political Action Letter
Worth 75 Points
1. Research an Issue facing a business (or group of businesses or an industry).
2. Write a one page double spaced paper on that issue.
3. Write a Political Action Letter to a politician asking them to support your cause.
Full transcript