ILRCB 201 Notes - 1/22/2008 Monday, January 14, 2008 3:57...

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Unformatted text preview: 1/22/2008 Monday, January 14, 2008 3:57 PM 1/22/2008 Approached by a laundry company in Syracuse, NY about a job, what are your rights? o Employment at will doctrine o Fair labor standards o Maternity/medical leave o Equal opportunity employment Title V I I Americans with Disabilities Act (ADA) o Safe working environment OCEA o M inimum wage o Overtime o Right to organize NLRA Collective bargaining agreements o Workers comp o Personal employment contract Vacation time Pay raises Terms 2. What is a contract? o A legally binding agreement 3. Federal District Court o Plaintiff brings case against the Defendant 4. Federal Appellate Courts/SC o Appellant/petitioner is party that lost below and is appealing the decision o Appellee/respondent is party that won below 2/5/2008 Friday, February 15, 2008 2:33 AM 2/5/2008 Historical Context 1. Pre- Vegelahn o Unions viewed as a conspiracy Philadelphia Cordwainers (1806) o Unions are not always a criminal conspiracy Commonwealth v. Hunt (1842) "means-end doctrine" 2. Vegelahn (1896) o No longer good law The courts can no longer enjoin workers for a peaceful protest 3. Adkins (1923) o Early 20th century, states became more active in regulating the workplace Constitutional challenges soon followed o Holding: Law declared unconstitutional 4. Adkins overturned by West Coast Hotel (1937) 5. Jones & Laughlin Steel Corp. (1937) 2/7/2008 Thursday, February 07, 2008 11:58 AM Legal Reasoning; Rules & Synthesis 1. Where does legal rules and procedures come from? o Courts, legislatures, and administrative agencies: statues, regulations, constitution, ordinances, treaties, and judicial decisions 2. Legal Synthesis o Synthesizing Exercise: Cases show that malicious mischief requires an intent to harm, and real damage. o Second Exercise: Case shows that a bar may be held liable for the actions of its patrons after they leave the bar, if the bar was negligent in its service to said patrons. 2/14/2008 Thursday, February 14, 2008 11:45 AM 1. FLSA o Enforced through the Department of Labor Violation --> Remedy: Unpaid wages & liquidated damages 2. FLSA as Exception to At-Will o Exception to at-will Doesn't matter if the employee is fully informed o FLSA intervenes Requiring employers to pay minimum wages Requiring employers to pay over time Requiring employers to keep records Limiting employers use of child labor o Employees can waive their 16(b) rights in only two situations When supervised by the Secretary of Labor When Court approves a settlement 3. FLSA coverage o Interstate commerce o "Employers" and "Employees" as defined by FLSA 2/19/2008 Tuesday, February 19, 2008 11:42 AM 1. FLSA Coverage o Interstate commerce o "Employers" and "Employees" as defined by FLSA Economic Realities Test Do "Underlying economic realities lead to the conclusion that the workers were and are employees of Kaiser"?...
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ILRCB 201 Notes - 1/22/2008 Monday, January 14, 2008 3:57...

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