Employment Law- Fineman- Fall 2006-Grade A-

Employment Law- Fineman- Fall 2006-Grade A- - EMPLOYMENT...

Info iconThis preview shows pages 1–2. Sign up to view the full content.

View Full Document Right Arrow Icon
EMPLOYMENT LAW – FALL 2006 – Prof. Fineman I. INTRODUCTION A. DEFINITIONS: 1. What is an employee (E)? a) Necessary to determine whether someone is an employee or not because of major ramifications b) FLSA definition - § 203 – any individual employed by an employer c) WC laws – E includes any person in the service of another under an express or implied K of hire. 2. What is an employer (R)? a) FLSA § 203 – Any person acting directly or indirectly in the interest of the employer with reference to the employee 3. What does “employ” mean? a) FLSA § 203 – to suffer or permit to work b) R has some sort of control over E 4. Definitions are so vague that we don’t have a good concept of who an E is or is not. a) Courts often resort to common sense b) Amount of authority/control over “E” what courts look at to determine whether someone an E c) E is not someone who volunteers time, or an IC 5. Continuing relationship? a) Using someone’s services v. having them work for you for an extended period of time 6. Court will sometimes define an E by what he is not a) E.g., E is not an independent contractor (1) IC not an E because R does not contract details of work (2) You don’t tell IC how to fix your sink, only what result you want (3) Largely based on state law and factors set forth by states b) Company can be employer for some purposes and not others (1) R for WC, but not for OSHA (2) (3) Definitions of E and R are vague II. EMPLOYMENT AT WILL A. DEVELOPMENT: 1. 19th Century C/L rule: R is free to (1) impose any conditions of employment, (2) discharge an E at any time for any reason or no reason at all, and (3) to effect the discharge in any manner. 2. R allowed to terminate, for any reason, an E who was not under K ( Clarke v. Atlantic Stevedoring Co . ) 3. In a K of indefinite duration, creates presumption Emp K can be terminated at any time for any reason a) Rebuttable presumption - Employee can attempt to prove to the court that there was a definite term b) Cannot be terminated for any reason prohibited by law (e.g., Title VII) 4. Used to justify employment actions short of termination, e.g. If R can fire someone for any reason, then they can take lesser actions (e.g., lower pay) on same grounds (R could fire and rehire E under different terms) 5. Major Exceptions a) Explicit employment K b) Union c) Anti-Discrimination laws d) PP considerations (1) Can’t be fired for refusing to disobey the law (jury service) e) Reasonable expectations of E B. MODERN EMP LAW 1. Modern trend is to find exceptions to E@W rule 2. Wagonseller v. Scottsdale Memorial Hospital – p. 11 a) Ariz – R may fire E for good reason, arbitrary reason, no reason at all, but not for a bad reason = reason that violates PP (refused to participate in indecent exposure) b) Attitudes towards E@W have changed – not as strictly enforced now. c)
Background image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
Image of page 2
This is the end of the preview. Sign up to access the rest of the document.

This note was uploaded on 02/12/2008 for the course LAW 6521 taught by Professor Fineman during the Fall '06 term at Colorado.

Page1 / 45

Employment Law- Fineman- Fall 2006-Grade A- - EMPLOYMENT...

This preview shows document pages 1 - 2. Sign up to view the full document.

View Full Document Right Arrow Icon
Ask a homework question - tutors are online