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Chapter 39 - Regulation of Employment

Chapter 39 - Regulation of Employment - Chapter 39...

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Chapter 39 – Regulation of Employment I. The Employment Relationship a. Duration and Termination of Employment Contract i. Employment-At-Will Doctrine and Developing Exceptions 1. Doctrine in which the employer has historically been allowed to terminate the employment contract at any time for any reason or for no reason a. Public policy exceptions are often made when an employee is discharged in retaliation for insisting that the employer comply with the state’s food and drug act or for filing a worker’s compensation claim 2. Contract of employment may be construed to bar a discharge of the employee except for cause b. Whistleblower Protection Under the Sarbanes-Oxley Act i. Procedures 1. An individual who believes that she has been subject to an adverse employment action because of whistleblowing activities must file a complaint with the Department of Labor’s Occupational Safety and Health Administration (OSHA) within 90 days after the asserted adverse employment action a. Burden of proof is on the complainant to demonstrate that the complainant’s protected activity was a “contributing factor” in the adverse employment action c. Rights of the Employee i. Federal Wage and Hour Law 1. Workers at enterprises engaged in interstate commerce are covered by the Fair Labor Standards Act (FLSA) a. Workers cannot be paid less than a specified minimum wage b. FLSA has been amended to cover domestic service workers, including housekeepers, cooks, and full-time babysitters
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i. Executive, administrative, and professional employees and outside salespersons are exempt from both the minimum wage and overtime provisions of the law 2. FLSA a. Subminimum Wage Provisions i. The FLSA allows for the employment of full-time students at institutions of higher education at wage rates below the statutory minimum ii. Also, individuals whose productive capacity is impaired by age, physical or mental deficiency, or injury may be employed at less than minimum wage b. Wage Issues i. Deductions made from wages as a result of cash or merchandise shortages and deductions for tools of the trade are not legal if they reduce wages below minimum wage ii. Job-Related training is generally compensable under the FLSA 1. Exception exists for voluntary training not directly related
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Chapter 39 - Regulation of Employment - Chapter 39...

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