quiz ch 1 + 2 Flashcards
Employment at will
Employee/employer can terminate relationship at any time for reason for no reason
- common law
Common law
Body of law based on court past decisions (previous court ruling in similar cases where judge made law through ruling)
- these verdicts tends to be published
- law where federal n state have not populated w statutes
Employers liability act (1908) / railway labor act
Allowed for alternative methods of dispute resolution, give railroad employees the right to sue their employers for damages if injured on the job
- (railway LA) first in railroad then later in airline
Franklin d Roosevelt new deal
Created by 4 term president which resulted in various federal employment and labor law
Social security act
Provides modest pensions to retired workers
National labor relations act
Rights for private sector workers to organize trade unitions n collective bargain
Walsh Healy act
Provides for their workers a prevailing wage (min) to be set by secretary labor n provide overtime pay
Merchant marine act
Provides remedies for injured sailors
- regulates ships that carried goods between US Port on ship built/owned/operated by US citizen
The fair labor standards act
Set min wage, mandate overtime pay, and regulates child labor
West Coast Hotel Company v. Parrish
court says that legislature had the right to consider that its minimum wage requirements would be an important component of it’s policy of protecting workers through reasonings that:
a) in public interest to safeguard women’s health n protect women
b) protection of women is legitimate end of exercise of state power
c) fair min was designed so women can meet the :very means of existence”
Factors that lead to post war decline of organized labor
- Union abuse power
- Globalization
3.political scrutiny - Created worker rights separate from union created rights for workers
globalization (post war)
through integration of national economies into worldwide, US lost worldwide control of manufacturing while union in US had controlled manufacturing
political scrutiny (post war)
alleged organized crime ties of some unions
- jimmy hoffa teamsters union
post WW2 statutes and court decisions
created or recognized worker individual rights separate from union created rights for workers
Election of remedies
Litigant’s choice of solutions for a perceived wrong
alexander v. gardner-denver company
court established critical distinction between individual n collective employee rights
- court head that unions cannot contract away individual statutory rights
arbitration remedy
court ruled that individual rights ( from antidiscrimination + whistleblower) could not be automatically ceded to labor-management dispute- resolution
Whistleblower
Employee who bring employers wrongdoing to attention of government agency
- give whistleblower protections from being fired
gilber v interstate/johnson lane corp
- gilber was fired for age
intended to protect ADEA
claimants from a waiver of the judicial forum and reversed the decision
Wrongful discharge/termination
Employer terminated employee unlawfully by:
1. Breaching employment contract fir a certain term
2. Violation of public policy
National labor relation acts (NLRA)
Forbids firing employee for engaging in protected concerted activities
Title VII
(1964 civil right act)
Forbids discharge on basis of race, color, gender, creed, or national origin
Age discrimination of employment act (ADEA)
Protect older workers from discriminatory discharge
Occupational safety n health act (OSHA)
Illegal to fire in retaliation for filing a safety complaints
Good cause
Exists when employer has good faith business reason for discharging employee, such as layoff for economic reasons or termination of employee for poor performance
Public policy exception
Termination is illegal if clear and significant mandate of law (sat or common) is damaged
Protect employees from being fired for reasons that violate public interest
Express contract
Contract w explicitly stated terms (writing or oral)
Implied contract
term n condition are inferred by actions or behaviors
Does not require written or oral
- ex: prepay for something
Law that protect whistleblowers
- OSHA
- Title VII
- SOX (sarbanes Oxley act)
rise of unions
supreme judicial court of Massachusetts held that unionized workers could only be indicted if either their means or ends were illegal (1842)
