Slide 1IntroductionEmployment at WillEmployment at WillEmployment at WillEmployment at WillEmployment at WillWage-Hour LawsWage-Hour LawsWage-Hour LawsWage-Hour LawsWage-Hour LawsWage-Hour LawsFamily and Medical LeaveFamily and Medical LeaveFamily and Medical LeaveWorker Health and SafetyWorker Health and SafetyEmployee Privacy RightsEmployee Privacy RightsEmployee Privacy RightsImmigration LawLabor UnionsLabor UnionsLabor UnionsLabor UnionsLabor UnionsLabor UnionsLabor UnionsLabor Unions© 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.© 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.Business Law Today 10th Ed.Text and Summarized CasesDiverse, Ethical, Online and Global EnvironmentRoger LeRoy MillerGaylord JentzChapter 24 Employment, Immigration, and Labor LawEdStock/iStockphoto.com© 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.INTRODUCTION•Historically, employment law was governed by the common law doctrine of “employment at will” where either employer or employee could terminate the relationship at any time, for any reason.•Today employment law is heavily regulated by state and federal statutes. 2© 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.EMPLOYMENT AT WILL•Employment relationships have been by common law doctrine of “employment at will.”–Either party may terminate at any time for any reason, unless contract provides to the contrary. 3© 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.EMPLOYMENT AT WILL•Exceptions to the Employment At Will Doctrine: –Contract Theory: is there an implied employment agreement? What about oral promises from employer?–Tort Theory: termination may give rise to wrongful discharge claims. 4© 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.EMPLOYMENT AT WILL•Exceptions to the Employment At Will Doctrine: –Public Policy:•Requirements: Must be clearly stated in statutes governing that jurisdiction.•Whistleblowing and Public Policy. 5© 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.EMPLOYMENT AT WILL•Exceptions to the Employment At Will Doctrine: –Public Policy:•CASE 24.1 Waddell v. Boyce Thompson Institute for Plant Research, Inc. (2012). Why wasn’t Waddell considered a whistleblower?6© 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.EMPLOYMENT AT WILL•Wrongful Discharge. –Even if employer’s actions do not violate any express employment contract or statute, liability may still attach based on tort theory or agency.7© 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.WAGE-HOUR LAWS•Introduction.Fair Labor Standards Act (FLSA) -- an extension of wage and hour regulation to workers in interstate commerce. 8© 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.WAGE-HOUR LAWS•Child Labor.FLSA prohibits oppressive child labor practices.•Minimum Wages.In 2010, FLSA minimum wage is $7.25/hour. Employers in food or lodging industries can deduct reasonable cost of those services from wages.9© 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.WAGE-HOUR LAWS•Overtime Exemptions.Rule: Under FLSA, employees who work over 40 hours/week are entitled to 1.5 times her hourly wage for those hours worked.Administrative Employees: exempt if paid salary (not hourly wages) and her primary duty is management.10© 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.WAGE-HOUR LAWS•Overtime Exemptions.Executive Employees: primary duty is management, based on what is principal value to employer, not by how much time the employee spends doing particular tasks.11© 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.WAGE-HOUR LAWS•Layoffs.Worker Adjustment and Retraining Notification Act: requires 60 days notice before a ‘mass layoff’.•Means during a 30 day period, a reduction in force that