Chapter 34 Flashcards
Employment at will
A common law doctrine under which either party may terminate an employment relationship at any time for any reason unless a contract specifies otherwise
(Only Montana does not apply it)
Exceptions to employment at will doctrine
Exceptions based on:
Contract theory
Tort theory
Public policy
exceptions based on contract theory
If there is an implied contract and the employer is fired outside the terms there can be action for a breach
Exceptions based on tort theory
- wrongful discharge
- fraudulent promises
Exceptions based on public policy
- most common exception
- the employers reason for firing violates public policy (whistleblowing)
whistleblowing
An employees disclosure to government, the press, or upper-management authorities that the employer is engaged in unsafe or illegal activities
wrongful discharge
An employers termination of an employees employment in violation of an employment contract or laws that protect employees
Minimum wage
The lowest wage either by government regulation or union contract that an employer may lag an hourly worker
-7.25 per hour (federal)
overtime
If an employee works more than 40 hours a week they must be paid 1.5 times the regular wage
- admin, executive, outside salespersons, computer programmers are exempt
Layoffs
- employers with 100+ employees must give 60 day notice for mass layoffs (can be fined if don’t)
Family/medical leave
- an employer with 50+ employees must provide up to 12 weeks of unpaid leave during 1 year
- newborn baby
- adopted child
- spouse, child, parent who’s sick
- serious health condition unable to work
- non medical emergency if spouse child or parent is active duty military
- 26 weeks of military caregiver leave within 1 year
- still gets benefits/healthcare during leave
workers compensation laws
State statutes establishing an administrative procedure for compensating workers injuries that arise out of or in the course of their employment regardless of fault
- domestic, agricultural, temporary, common carrier workers are excluded
Workers comp requirements
- Existence of an employment relationship
- Accidental injury that occurred on the job or in the course of employment
- must file with 60 days - 2 years
- if accept workers comp you cannot sue. Only if employer intentionally hurt you
Vesting
A pension plan becomes vested when an employee has a legal right to the benefits purchased with the employers contributions even if the employee is no longer working for this employer
Unemployment
- must be willing and able to work, just can’t find job
- workers who have been fired for misconduct or voluntarily left are not eligible
Electronic monitoring
- nongovernment employers are prohibited from intercepting employees stiff unless made on work devices
- but they are free to use filtering software
- employer must notify employee they are being monitored
Other types of monitoring
- lie detector tests are prohibited
- drug testing is allowed
- can’t make decisions based on genetic testing
I-9 verifications
A form from the dept of homeland security, US citizenship, and immigration services used for employment eligibility verification; a form that documents that each new employee is authorized to work in the US
I-551 alien registration receipt
Proof that a noncitizen has obtained permanent residency in the United States; green card
National labor relations act (employers cannot )
- Interfere with efforts of employees to join, form or assist labor organizations
- Dominate a labor organization or contribute financially to one
- Discriminate in hiring bc of union affiliation
Cease and desist order
An administrative or judicial order prohibiting a person or business firm from conducting activities that an agency or court has deemed illegal
Closed shop
A firm that requires union membership by its workers as a condition of employment
- made illegal in 1947
Union shop
A place of employment in which all workers, once employed must become union members within a specified period of time as a condition of their continued employment
Right to work laws
A state law providing that employees are not to be required to join a union as a condition of obtaining or retaining employment
Hot cargo agreements
An agreement in which employers voluntarily agree with unions not to handle, use or deal in nonunion- produced goods of other employers; a type of secondary boycott explicitly prohibited by the LMRDA in 1959
Authorization card
a card signed by an employee that gives a union permission to act on his or her behalf in negotiations with management. Unions typically use these cards as evidence of employee support during union organization
Collective bargaining
The process by which labor and management negotiate the terms and conditions of employment including working hours and workplace conditions
Strike
An extreme action undertaken by unionized workers when collective bargaining fails; the workers leave their jobs, refuse to work and typically picket the employers workplace
Illegal strikes
- Violent strikes
- Massed picketing
- Sit down strikes
- No strike clause
- Secondary boycotts
- Wildcat strikes
Secondary boycotts
A unions refusal to work for, purchase from or handle the products of a secondary employer, with whom the union has no dispute for the purpose of forcing that employer to stop doing business with the primary employer with whom the union has a labor dispute
Lockouts
Occurs when an employer shuts down to prevent employees from working typically because it cannot reach a collective bargaining agreement with the union
