BL-Chapt33 - Print Chapter Page 1 of 29 Employment and...

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Employment and Labor Law Chapter Introduction 33-1 Employment at Will 33-1a Exceptions to the Employment-at-Will Doctrine 33-1b Wrongful Discharge 33-2 Wage and Hour Laws 33-2a Child Labor 33-2b Hours and Wages 33-2c Overtime Exemptions 33-3 Labor Unions 33-3a Federal Labor Laws 33-3b Union Organization 33-3c Collective Bargaining 33-3d Strikes 33-4 Worker Health and Safety 33-4a The Occupational Safety and Health Act 33-4b State Workers' Compensation Laws 33-5 Income Security, Pension, and Health Plans 33-5a Social Security 33-5b Medicare 33-5c Private Pension Plans 33-5d Unemployment Compensation 33-5e COBRA 33-5f Employer-Sponsored Group Health Plans 33-6 Family and Medical Leave 33-6a Coverage and Application of the FMLA 33-6b Remedies for Violations of the FMLA 33-6c Interaction with Other Laws 33-7 Employee Privacy Rights 33-7a Electronic Monitoring in the Workplace 33-7b Other Types of Monitoring 33-8 Employment-Related Immigration Laws 33-8a Immigration Reform and Control Act 33-8b Immigration Act Chapter Recap Page 1 of 29 Print Chapter 2010-8-30 ..
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Chapter Introduction Traditionally, employment relationships in the United States were governed primarily by the common law. Today, in contrast, the workplace is regulated extensively by federal and state statutes. Recall from Chapter 1 that common law doctrines apply only to areas not covered by statutory law. Common law doctrines have thus been displaced to a significant extent by statutory law. In this chapter, we look at the most significant laws regulating employment relationships. We examine other important laws regulating the workplace–those prohibiting employment discrimination–in the next chapter. Keep in mind, however, that certain aspects of employment relationships are still governed by common law rules, including the rules under contract, tort, and agency law discussed in previous chapters of this text. Given that many employees (those who deal with third parties) normally are deemed to be agents of their employer, agency concepts are especially relevant in the employment context, as is the distinction between employees and independent contractors. Generally, the laws discussed in this chapter and in Chapter 34 apply only to the employer- employee relationship and not to independent contractors. Here, we begin our discussion by examining one other common law doctrine that has not been entirely displaced by statutory law–that of employment at will. Page 2 of 29 Print Chapter 2010-8-30 ..
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33-1 33-1a Employment at Will Legal Conflicts in Business: Employment at Will: Is Ray's Termination Justified? Exceptions to the Employment-at-Will Doctrine
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This note was uploaded on 10/12/2011 for the course ACCT 362 taught by Professor Mint during the Fall '11 term at CUNY Queens.

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BL-Chapt33 - Print Chapter Page 1 of 29 Employment and...

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