I. EMPLOYMENT AT WILLA. Employers may Fire Employees for Any ReasonB. Exceptions to Employment At Will1. Contractsa) Express contractb) Implied contract(1) Employment manuals(2) Past practices(3) Some courts have implied that there must be a good faith reason for firing an employee.2. Public Policya) Usually expressed in a statuteb) WhistleblowingII. LAWS REGULATING THE EMPLOYMENT RELATIONSHIPA. Fair Labor Standards Act (FLSA)1. Child Labor2. Minimum Wage3. Overtimea) For work in excess of 40 hours per weekb) Overtime provisions do not apply to management/professional employees.c) Management issues(1) Clearly define employee responsibilities(2) Have employees document hours workedB. Occupational Safety and Health Act (OSHA)1. Requires employers to maintain reasonably safe working conditions2. OSHA officers may inspect the workplace3. Employers are required to keep injury and illness records.C. Workers’ Compensation1. Provides compensation for workers injured in the course of employment2. No fault compensation plan for accidental injuries3. Prohibits employee from suing the employer for negligenceD. Social SecurityE. ERISAF. Unemployment CompensationG. COBRAH. Family and Medical Leave Act1. Applies to businesses with 50 or more employees2. Employees entitled to up to 12 weeks of unpaid family or medical leaveIII. EMPLOYEE PRIVACYA. Electronic Monitoring1. Generally, employers may monitor e-mails, voice mails, phone records, computer files, internet usage, etc. if the employer provides the system/phone/computer.2. Employees should have no expectation of privacy if employer provides the necessary tools.3. Employers do not need to provide notice of monitoring, but many do to avoid any possible action by the employeeB. Drug Testing1. Unless you work for the government, you have no constitutional protection from drug testing2. Drug testing is regulated by state law and can vary dramaticallyIV. IMMIGRATION ISSUESA. Immigration Reform and Control Act (IRCA)1. Illegal to hire, recruit, or refer people not authorized to work in U.S.2. I-9 verification formsa) 3 days to completeb) Verify that employee is authorized to work in U.S.3. Enforcement/penaltiesa) Government may use random compliance auditsb) Warrants are not requiredc) Substantial fines, possible prison punishment for pattern of violations.B. The Immigration Act1. Allows businesses to hire specially qualified foreign workersa) Employer must show that either(1) No U.S. applicant is qualified, or(2) Employee is highly skilled/specialistLecture:Employers may not give a reason or notice for firing an employee, but they cannot discriminate against employees.Wistleblower Act: In some industries, employers cannot fire employees because they turned the company in for doing something illegal. Not all industries have a Whistleblower Act.ERISA: Protects employee’s retirement accounts so that employers can’t take them away when they fire them.COBRA: Employers have to sponsor group health plans and offer employees and their families a group health plan for a certain period of time after they lose their health care coverage.Family and Medical Leave Act: Employees have to be able to leave for family emergencies and medical injuries or illnesses without getting fired.Lecture Outline:V. EMPLOYEE PRIVACYA. Electronic Monitoring1. Generally, employers may monitor e-mails, voice mails, phone records, computer files, internet usage, etc. if the employer provides the system/phone/computer.2. Employees should have no expectation of privacy if employer provides the necessary tools.3. Employers do not need to provide notice of monitoring, but many do to avoid any possible action by the employeeB. Drug Testing1. Unless you work for the government, you have no constitutional protection from drug testing2. Drug testing is regulated by state law and can vary dramatically-Motorola example involving the differing laws of Massachusetts and IllinoisVI. IMMIGRATION ISSUESA. Immigration Reform and Control Act (IRCA)1. Illegal to hire, recruit, or refer people not authorized to work in U.S.2. I-9 verification formsa) 3 days to completeb) Verify that employee is authorized to work in U.S.3. Enforcement/penaltiesa) Government may use random compliance auditsb) Warrants are not requiredc) Substantial fines, possible prison punishment for pattern of violations.B. The Immigration Act1. Allows businesses to hire specially qualified foreign workersa) Employer must show that either(1) No U.S. applicant is qualified, or(2) Employee is highly skilled/specialistVII. LABOR LAWA. Historical Background1. Union goalsa) Humane treatmentb) Safe working conditionsc) Fair wages2. Management initial responsesa) Criminal sanctionsb) Injunctions against strikes, boycotts(1932) Government passes Norris-LaGuardia Act to protect peaceful picketing and outlaw Yellow Dog Contracts.c) ViolenceB. National Labor Relations Act (NLRA) (1935)1. Initially passed as comprehensive legislation to deal with labor unrest2. Gives employees the right toa) Collectively bargain (form unions)b) Engage in strikes3. Creates Unfair Labor Practices (UFLPs) for management only: If management engages in the following conduct, then it is a violation of the NLRAa) Interfering with employees attempts to form unionsb) Refusal to bargain collectively with unionc) Discriminating against employees for union actions or affiliationd) Financial support of union4. NLRA is subsequently amended to deal with union abuses of the labor processa) Taft-Hartley(1947) outlaws certain union behavior as UFLPs(1) Closed shops(2) Featherbedding(3) Illegal strikes, pickets, and boycottsb) Landrum-Griffin(1959)(1) Regulates unions internal operations(a) Finances(b) Elections(2) Also outlaws hot cargo agreementsC. National Labor Relations Board (NLRB)1. Administers and enforces NLRAa) Conducts and monitors electionsb) Determines UFLPsD. Scope of NLRA1. Covers any labor dispute that has an effect on interstate commerce2. Exceptionsa) Government employeesb) Supervisors and managementE. Union Elections1. Sufficient employee interesta) Authorization cards (30% or more)b) No election required if there has been an election within the past year2. Appropriate bargaining units-mutuality of interest3. Proceduresa) Secret ballotb) Laboratory conditions(1) Each side may campaign(2) Union’s right to campaign may be prevented on employer’s premises if non-discriminatory.(3) Management may present their views during working hours even if union