BusLaw11.033 - EMPLOYMENT AT WILL Absent a contrary...

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EMPLOYMENT AT WILL Absent a contrary provision in a written agreement between the employer and employee, employment is presumed to be “at will” – meaning that the employer may terminate the employee at any time, for any reason, or for no reason at all. There are exceptions: Implied Employment Contract: Even where there is no written contract, courts may imply a contractual limit on termination from, e.g. , an employment manual, a personnel bulletin, or employer policies and procedures. Some states imply a duty of good faith into every employment contract that may further limit the employer’s right to terminate the employee. Abusive Discharge: The manner of discharge may give rise to a claim of defamation or emotional distress. Public Policy: Many states prohibit an employer from terminating an employee for refusing to perform an illegal or unethical act or for refusing to take any other action contrary to fundamental public policy. Ch. 33: Employment and Labor Law - No. 1 Clarkson et al.’s Business Law (11th ed.)
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Whistleblower statutes prohibit employers from terminating employees who report illegal or unethical conduct to the authorities, the press, or their superiors. Ch. 33: Employment and Labor Law - No. 2 Clarkson et al.’s Business Law (11th ed.)
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WAGE AND HOUR LAWS Fair Labor Standards Act (FLSA): Federal law, applicable to the employees of all employers engaged in interstate commerce. Among its provisions are: Child Labor: FLSA prohibits children under the age of 14 from most types of work, making exceptions for, e.g. , lawn care, newspaper delivery, and entertainment. Children aged 14 or 15 are allowed to work in any non-hazardous occupation; however, FLSA establishes strict limits on the number of hours per day, the number of days per week, as well as the hours and days on which they may work. Children aged 16 to 18 do not face such hour and day restrictions, but still may not work in hazardous occupations or do other work detrimental to their health and well-being. Minimum Wage: The lowest wage that an employer may pay an hourly-wage employee. Maximum Hours/Overtime: Except for so-called exempt employees ( e.g. , professionals, executives), FLSA requires that any employee who works more than 40 hours per week must be paid overtime wages – Ch. 33: Employment and Labor Law - No. 3 Clarkson et al.’s Business Law (11th ed.)
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at least 1-1/2 times their regular wage – for all hours worked in excess of 40. Ch. 33: Employment and Labor Law - No. 4 Clarkson et al.’s Business Law (11th ed.)
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FEDERAL LABOR LAWS Norris-LaGuardia Act: Protects employees’ rights to peacefully strike, picket, and boycott. National Labor Relations Act (NLRA):
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This note was uploaded on 05/05/2010 for the course BUSINESS 71356 taught by Professor Higgin during the Spring '09 term at Miss. College.

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BusLaw11.033 - EMPLOYMENT AT WILL Absent a contrary...

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