Chapter 34: Employment, Immigration and Labor LawEmployee/employment at will: may be terminated at any time, for any reason, unless doing so would violate statutory or constitutional rights (all states but Montana)IMPORTANT NOTE: EVERYTHING DISCUSSED IN THIS CONTEXT APPLIES ONLY TO EMPLOYEES NOT INDEPENDENT CONTRACTORS OR OTHER AGENTSExceptions to employee at will:1.Contract theory: if there is an implied contract (employee handbook defines when fired)2.Tort theory: wrongful discharge, intentional infliction of emotional distress, defamation, fraud3.Public policy: most common exception (whistleblowing)Wages, Hours and Layoffs1.Davis-Bacon Act: federal construction contractors paid “prevailing wages”2.Walsh-Healey Act: minimum wage and OT for manufacturers or supplies of US Government3.Fair Labor Standards Act: spells out requirements on wages and hours (minimum, OT, etc.)Child Labor: children under 14 may only do certain types of work such as newspapers, work for parents, entertainment and agriculture (farm). Children 14-15 may work limited hours, only in non-hazardous jobs. Children 16-17 may not work in hazardous conditions but no hours limits. Over 18 fair game.Minimum Wage: set by US Congress, states can go higher but not lower. If tips then lower wage.Overtime: Anything over 40 hours in a week must be 1.5x pay (no limit on number of hours per day), certain employees exempt – BIG DISPUTE WITH NEW LAW THAT CAME OUT LAST MONTHLayoffs: Certain employers (>100 employees) must provide 60 days notice of RIF, fined if not, must notifystate so they can helpFamily Medical Leave Act (FMLA): family/medical reasons, states also have similar legislation for smaller firms. If employee takes leave employer must continue health coverage and restore their job or comparable position with nearly equivalent pay and benefits. EXCEPTION FOR KEY EMPLOYEE. YOU’RE SOL.
