BCOR 3000 1nd Edition Lecture 20 Outline of Last Lecture I. No Lecture—Exam.Outline of Current LectureI. What is a job offer?II. At-Will DoctrineIII. At-Will Doctrine ExceptionsIV. Fair Labor Standards ActV. OvertimeVI. Overtime ExceptionsVII. Family and Medical Leave ActCurrent LectureChapter 24—Employment Law (Stop at Immigration Law)What is a job offer?- “We offer you a position as an entry level gopher/CEO for a starting salary of $98,000 per year, starting date August 15, 2014.”- What is this?—a job offer.- What if the employer tells you in May that there is no job for you, and for you to have a nice life?—You probably cannot do anything.- Most are offers for a unilateral contract, where the company promisesto pay if you do the work, but that the arrangement can be cancelled at any time.- You could possibly have a promissory estoppel argument.—You would argue that in August they gave you an offer, but in May they revoke the offer. If you have an option for an 85,000 offer—but turned down b/c of prior offer. Get the revoke and search again for another offer These notes represent a detailed interpretation of the professor’s lecture. GradeBuddy is best used as a supplement to your own notes, not as a substitute.that is 70,000. Because of relying on this promise you could get a claim for the difference under promissory estoppel.- Termination of Cause—the employee has breached the contract in some way, so the employer can terminate the employee and replace them.- Exceptions: coaches, teachers, movie stars, among othersAt-Will Doctrine• Either party can end an employment arrangement at any time for any reason or no reason at all.• The basic rule is still law, but there are many exceptions now.• Often abused by employers.• Today—the people who are hurt by this are most often employees.• Reason—give works the legal right to get out of nightmare apprenticeships.At-Will Doctrine Exceptions• Contract– Specific contract—if specific, rights to quit or fire, are given up. Never can be forced to stay in a job with a specific contract. If you are, however, in a specific contract and quit you can be suedfor damages. Power vs. Rights—power means you CAN do it; right means you CAN do it without and consequences of damages.– Policy manuals—a matter of interpretation; – Ex: The employee policy manual says if you are only late once ortwice in the month no adverse employment action will take place, but the third time you are late you will lose your job. The company has stated that you WILL lose your job under this circumstance. All the employee manual says—if you are late 3 times you will be terminated. – The gray area question is—what will happen a pon the first late arrival to work? All that this does is that it sets up the circumstances that you are fired on the 3rd late arrival. Being late the 1st and 2nd time nothing will happen…only on the 3rd time you are late. Automatic termination provisions—are straight forward to a point. But anything prior to the act for termination is up for debate.– Statements—“as long as you meet your sales quota you are safe from being fired”; this random statement protects employees as long as you meet it.• Tort (infrequent)–• Public Policy– Must deliver a package within a hour to Colorado Springs from Boulder. Employee says no b/c they would have to drive over thespeed limit to even come close to making it one time.– Jury duty—employer does not have right to fire someone if they are on jury duty.Fair Labor Standards Act• Highly regulated, has been updated and revised• Many regulations on hours of employment, conditions, ages of workers, etc.• Overtime hours are week by week• Ex: If you work 48 hour in a week and your employer tells you to take a day off next week…you can’t do that. It is technically not legal. Employer legally obligated to pay overtime, no matter what. Employeemodifications are not allowed.• If employee agrees to something illegal—the court will look at it and make the employee pay the part they were required to pay required under the rule of overtime.• Overtime is not applicable to “exempt” employees• With unpaid internships—must get something for it (i.e. college credit)• 2004 Amendments broadened employees w/ mandatory overtimeOvertime• Common Exemptions:– Professional (most of you)—salary – Administrative--salary– Executive--salary– Computer Programmers—work goes up and down; hours fluctuate.• Starbucks Case p. 629—Starbucks manager was working 60-70 hrs./week. The manager at a Starbucks also serves people like normal hourly employees. Court took Starbucks argument that every individual store the managers did not do normal employee work…however they actually were. They were considered “exempted” employees which mean that they did not receive overtime.• Off duty connectivity issues—emails from work when you are off the job do not count as working hours.Family and Medical Leave Act• Companies w/ 50+ employees• Employed for one year and 1250 hours or more in last 12 months• Up to 12 weeks unpaid leave:– Birth and/or care of child– Placement of child adopt/foster– Employee health unable to do job– Care for spouse, child or parent– Call to military duty• If possible, give 30 day