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Most common exception to employment at will doctrine

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Most common exception to employment at will doctrine is that worker was terminated forreasons that violate a clearly states fundamental public policy of the jurisdictionWrongful discharge:an employer’s termination of an employee’s employment in violation ofthe law or employment contract.DiscriminationgenderFair Labor Standards Act (FSLA):pertains to minimum wage/minimum hours and overtime.-Overtime exemptions-Administrative employees:salary not hourly-Executive employees: CEOs and managersFamily and Medical Leave Act:federal statute enacted in 1993 to allow employees to taketime off from work for family and medical reasons.-Family Leave: to care for a newborn baby or a child recently placed for adoption or fostercare-Medical leave: when an employee or employee’s spouse, child, or parent has a “serioushealth condition” requiring care-Coverage and applicability:-Company has to have over 50 employees, 12 weeks of unpaid leave-Employee has worked over a year-Employer must continue medical coverage while employee is out-Upon return, most employees must be restored to their original job positionOccupational Safety and Health Act (OSHA)(oh shoot):is the primary legislation protectingemployees’ health and safety-Requires employers to keep workplaces safe-Prohibits employer from firing or discriminating against someone who thinks it is unsafeWorkers compensation laws:state statutes that establish an administrative procedure forcompensating workers injured on the job-The employee doesn’t sue instead they file a claim with an administrative agencyRequirements for receiving workers compensation laws:-Existence of an employment relationship-Accidental injury that occured on the job or in the course of employment, regardless offault
Injured employee must promptly:-Notify employer (within 30 days)-File workers compensation claimIncome security:federal and state governments participate in insurance programs designed toprotect employees and their families by covering the financial impact of:-Retirement-Disability-Death-Hospitalization-UnemploymentSocial Security act:federal statute which provides for old age, survivors and disabilityinsuranceFederal Insurance Contribution Act (FICA): federal statute which requires employers andemployees to contribute (or pay in) to help pay for benefits that will partially make up for theemployees’ loss of income on retirementMedicare:federal government health insurance program that is administered by the socialsecurity administration for people 65 years of age and older and some under 65 years of agewho are disabledFederal Unemployment Tax Act (FUTA):federal statute enacted in 1974 which regulatesemployee retirement plansConsolidated Omnibus Budget Reconciliation Act (COBRA): requires employers to continuehealth care coverage for workers after their jobs have been terminatedHealth Insurance Portability and Accountability Act (HIPAA):regulates employer-sponsoredgroup health plansNational Labor Relations Act (NLRA)

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