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Elet5e ch16
This document discusses key topics in employment, immigration, and labor law from Chapter 16 of the textbook "Essentials of the Legal Environment Today". It covers the differences between employees and independent contractors, important federal statutes governing wages/hours and family/medical leave. It also discusses immigration law, labor unions, and other topics. The learning objectives are to understand these legal definitions and requirements.
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Elet5e ch16
- 1. ESSENTIALS OF THELEGAL ENVIRONMENT TODAY, 5E ROGER LEROY MILLER © 2016 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.
- 2. CHAPTER 16 EMPLOYMENT,, IMMIGRATION, ANDLABOR LAW © 2016 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.
- 3. LEARNING OBJECTIVES 1. Whatis the difference between an employee and an independent contractor? 2. What federal statute governs working hours and wages? 3. Under the Family and Medical Leave Act, in what circumstances may an employee take family or medical leave? © 2016 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.
- 4. LEARNING OBJECTIVES (CONT’D) 4.What are the two most important federal statutes governing immigration and employment today? 5. What federal statute gave employees the right to organize unions and engage in collective bargaining? © 2016 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.
- 5. AGENCY RELATIONSHIPS • Agencyis a “fiduciary” relationship based on trust and confidence. • Employer-Employee Relationships • Employee is one whose physical conduct is controlled by the employer. • Employer-Independent Contractor Relationships • Independent contractor is not an employee because employer does not have control over their physical performance. LO-1 © 2016 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.
- 6. AGENCY RELATIONSHIPS • DeterminingEmployee Status • Criteria used by the courts • 7 questions courts often consider to determine whether a worker has the status of an employee or independent contractor • Criteria used by the Internal Revenue Service • Own criteria to determine whether a worker is an employee or independent contractor © 2016 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.
- 7. AGENCY RELATIONSHIPS • Formationof Agencies • Consensual relationships • Agency by agreement of the parties • Agency by ratification • Agency by estoppel • Agency by operation of law © 2016 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.
- 8. AGENCY RELATIONSHIPS • Dutiesof Agents and Principals • Agent’s duties to the principal • Performance • Notification • Loyalty • Obedience • Accounting • Principal’s duties to the agent • Compensation • Reimbursement and indemnification • Cooperation © 2016 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.
- 9. AGENCY RELATIONSHIPS • Agent’sAuthority • Express authority • Authority declared in clear, direct, and definite terms • Implied authority • To do what is reasonably necessary to carry out his or her express authority and accomplish the objectives of the agency • Apparent authority • Apparent, not real authority © 2016 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.
- 10. AGENCY RELATIONSHIPS • Liabilityin Agency Relationships • Liability for contracts • Authorized acts • Disclosed or partially disclosed principal • Undisclosed principal • Unauthorized acts • Liability for torts and crimes • Determining the scope of employment • Liability for agent’s intentional torts • Liability for independent contractor’s torts • Liability for agent’s crimes © 2016 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.
- 11. WAGES AND HOURS •1930s Congress enacted several laws • Davis-Bacon Act • “Prevailing wages” • Walsh-Healey Act • U.S. government contracts; minimum wage and overtime 1.5 times regular pay rates • Fair Labor Standards Act (FLSA) • Extends wage-hour requirements to cover all employers engaged in interstate commerce plus selected other businesses © 2016 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. LO-2
- 12. WAGES AND HOURS •Child Labor • FLSA prohibits oppressive child labor • Wages and Hours • FLSA provides a minimum wage of $7.25/hour be paid to employees in covered industries (minimum wage may be higher at present) • Overtime Exemptions • Executive, administrative, professional employees © 2016 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.
- 13. FAMILY AND MEDICALLEAVE • 1993 Congress passed Family and Medical Leave Act (FMLA) • Allows employees to take time off from work for family and medical reasons • Additional categories of FMLA have been created for military caregivers and emergencies that arise due to military service LO-3 © 2016 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.
- 14. FAMILY AND MEDICALLEAVE • Coverage and Applicability of the FMLA • Requires employers with 50+ employees to provide up to 12 weeks of unpaid leave during any 12-month period • Expressly covers private and public employees who have worked for their employers for at least 1 year © 2016 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.
- 15. FAMILY AND MEDICALLEAVE • Violations of the FMLA • Employers who violate the FMLA can be required to provide remedies: • Damages to compensate an employee for lost benefits, denied compensation, and monetary losses up to an amount equivalent to the employee’s wages for 12 weeks • Job reinstatement • Promotion, if a promotion has been denied © 2016 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.
- 16. WORKER HEALTH ANDSAFETY • The Occupational Safety and Health Act • 1970 Occupational Safety and Health Act administered by Occupational Safety and Health Administration (OSHA) • Imposes on employers a general duty to keep workplaces safe • Requires employers to post notices, perform record keeping, and submit reports © 2016 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.
- 17. WORKER HEALTH ANDSAFETY • State Workers’ Compensation Laws • 2 requirements for an employee to receive benefits under workers’ comp law 1. The existence of an employment relationship 2. An accidental injury that occurred on the job or in the course of employment, regardless of fault © 2016 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.
- 18. INCOME SECURITY • Federaland state governments participate in insurance programs to protect employees and families by covering financial impact of retirement, disability, death, hospitalization, and unemployment. © 2016 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.
- 19. INCOME SECURITY • SocialSecurity • Social Security Act; OASDI • Employers and employees contribute under the Federal Insurance Contributions Act (FICA) • Retired workers are eligible to receive monthly payments • Benefits are fixed by statute but increase with cost of living increases. © 2016 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.
- 20. INCOME SECURITY • Medicare •Federal government health-insurance program • Administered by the Social Security Administration for people 65 years and older or under 65 and disabled • Under FICA, employer and employee contribute to Medicare © 2016 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.
- 21. INCOME SECURITY • PrivatePension Plans • Employee Retirement Income Security Act (ERISA) • Governs employers that have private pension funds for their employees • Pension Benefit Guaranty Corporation (PBGC) © 2016 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.
- 22. INCOME SECURITY • UnemploymentInsurance • Federal Unemployment Tax Act (FUTA) • Provides compensation to eligible people who have lost their jobs • Eligible: worker must be willing and able to work • Not eligible: workers fired for misconduct or have voluntarily left their jobs © 2016 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.
- 23. INCOME SECURITY • COBRA •Enables workers to continue their health- care coverage after their jobs have been terminated • Consolidated Omnibus Budget Reconciliation Act (COBRA) • Employer-Sponsored Group Health Plans • Health Insurance Portability and Accountability Act (HIPAA) © 2016 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.
- 24. INCOME SECURITY • AffordableCare Act (ACA) • Most employers with 50+ employees are required to offer health-insurance benefits • Any business offering health-insurance benefits may be eligible for tax credits • An employer who fails to provide benefits as required under the law can be fined © 2016 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.
- 25. EMPLOYEE PRIVACY RIGHTS •Electronic Monitoring • More than half of employers engage in some form of electronic monitoring of employees • Employee privacy protection • Was there a reasonable expectation of privacy? © 2016 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.
- 26. EMPLOYEE PRIVACY RIGHTS •Other Types of Monitoring • Lie-detector tests • Drug testing • Public employers – constrained by Fourth Amendment • Private employers – Fourth Amendment does not apply © 2016 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.
- 27. IMMIGRATION LAW • Mostimportant laws governing immigration and employment • Immigration Reform and Control Act (IRCA) • Immigration Act • Estimated 12 million illegal immigrants live in the U.S. LO-4 © 2016 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.
- 28. IMMIGRATION LAW • ImmigrationReform and Control Act (IRCA) • I-9 employment verification • I-9: Employment Eligibility Verification • Must perform to comply with IRCA • Enforcement • U.S. Immigration and Customs Enforcement (ICE) investigative arm of U.S. Department of Homeland Security • Penalties © 2016 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.
- 29. IMMIGRATION LAW • TheImmigration Act • I-551 Alien Registration Receipt • Company seeking to hire noncitizen worker may only do so if the worker is self-authorized (lawful permanent resident or has a valid temporary Employment Authorization Document) • The H-1B visa program • Employee must be qualified in a “specialty occupation” (highly specialized knowledge and a bachelor’s degree or higher) © 2016 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.
- 30. LABOR UNIONS • FederalLabor Laws • Norris-LaGuardia Act • National Labor Relations Act (NLRA) • National Labor Relations Board (NLRB) • Good faith bargaining • Labor-Management Relations Act (LMRA) • Labor-Management Reporting and Disclosure Act (LMRDA) LO-5 © 2016 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.
- 31. LABOR UNIONS • UnionOrganization • Union elections • Union election campaigns • Collective Bargaining • Strikes • The right to strike – guaranteed by NLRA • After a strike ends © 2016 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.