Chapter 11 Employment and Labor Law.ppt 5-4-10

Chapter 11 Employment and Labor Law.ppt 5-4-10 - EMPLOYMENT...

Info iconThis preview shows pages 1–13. Sign up to view the full content.

View Full Document Right Arrow Icon
EMPLOYMENT AND LABOR LAW CHAPTER 11
Background image of page 1

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

View Full DocumentRight Arrow Icon
Walk and Talk, L.L.P. needs help They need to hire workers.
Background image of page 2
Employment at Will Doctrine Means the employment relationship can be terminated at any time for any (legal) reason or no reason at all. If “Paul” has no employment contract that guarantees him a length or term of employment, Ben or Claire can fire him with no notice. On the other hand, Paul can also quit with no notice.
Background image of page 3

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

View Full DocumentRight Arrow Icon
Employment at Will Without notice And without reason, as long as the reason it’s legal.
Background image of page 4
3 General Exceptions to EAW Doctrine 1. The parties mutually agree it is not an employment at will relationship. 2 . When a statute prohibits it. Example: Civil Rights Act prohibits terminating someone because of their color, race, gender, religion, national origin. 3 . When Judicial decisions prohibit it.
Background image of page 5

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

View Full DocumentRight Arrow Icon
1 . Mutual Agreement Exception 1. Mutual Agreement by the Parties to not have EAW doctrine apply. Employment Contracts Collective Bargaining Agreements (CBAs) If “Karen” has a contract that provides she can only be terminated for “good cause” she is not an employee “at will.”
Background image of page 6
2 nd and 3 rd Exceptions to the General Rule Cont. 2 . Legislative Limitations. - Civil Rights Statutes Fair Labor Standards Act National Labor Relations Act 3. Judicial Limits - Handbooks that create contracts - Terminations against public policy
Background image of page 7

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

View Full DocumentRight Arrow Icon
Walk and Talk, Inc. needs an electrician In order to get better coffee equipment, Claire and Ben need an electrical upgrade. They hire “Bill” the electrician.
Background image of page 8
Is Bill Walk and Talk, Inc.’s employee? If not, what is he? How is Bill different from Paul and Karen?
Background image of page 9

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

View Full DocumentRight Arrow Icon
Independent Contractors Not every person an employer hires is an employee. Many are independent contractors. What is the difference? An IC is one who works for, and receives payment from, an employer but whose working conditions and methods are not controlled by the employer.
Background image of page 10
Independent Contractors v. Employees Many Factors are used by the courts and by the IRS. The factors are generally used to determine whether the employer is exercising “control” over the worker. See Page 352
Background image of page 11

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

View Full DocumentRight Arrow Icon
Factors To Determine Independent Contractor Status What is it about Bill? How much control does Walk and Talk, Inc. have over the details of his work? Is Bill’s occupation/business different from Walk and Talk’s? Do Claire or Ben supervise him? Does Bill bring his own tools?
Background image of page 12
Image of page 13
This is the end of the preview. Sign up to access the rest of the document.

This note was uploaded on 09/20/2011 for the course 06J 047 taught by Professor Staff during the Spring '08 term at University of Iowa.

Page1 / 47

Chapter 11 Employment and Labor Law.ppt 5-4-10 - EMPLOYMENT...

This preview shows document pages 1 - 13. Sign up to view the full document.

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