Regulates workplace standards General Duty Clause Place of employment free from

Regulates workplace standards general duty clause

This preview shows page 3 - 6 out of 18 pages.

Regulates workplace standards General Duty Clause Place of employment free from recognized hazards of death or serious harm Imposes citations and fines NOT TX o Fair Labor Standards Act (FLSA) No child labor 40 hour work week and overtime Minimum wage Employer’s Right To Discharge Employees o Termination with cause (stealing from company) o Termination without a cause (budget cuts) o Employment contracts (most don't have one) Unions/Public employees – typically employees can be fired only for good cause and only after specified procedures have been followed o Employment at will Either the employer or employee can terminate the relationship at any time, for any reason or no reason Statutory exceptions (not all states) – Title VII, FSLA, OSHA, whistleblowing Public Policy Exception (common law) Employee has a cause of action for wrongful discharge if employer’s conduct is contrary public policy Wagenseller v. Scottsdale Memorial Hospital Medical, Maternity, Paternity Leave o Family Medical Leave Act (FMLA) 12 weeks of unpaid family leave Job must be held for them Employee must have been with company for at least a year Applies to companies with 50 employees and over What is covered: Birth of a child and to care for the newborn child Adoption and foster care of a child To care for the employee’s spouse, child, or parent who has a serious health condition CRIMINAL LAW
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Classification of crimes: o Degrees of seriousness Vary from state to state Felony: a crime with a penalty of over 1 year in jail Misdemeanor: a smaller charge Petty Offense o Jurisdiction Most crimes only concern of the state Murder typically state charge Some areas of federal and state overlap Constitutional protections o 4 th Amendment – protects people against unreasonable searches and seizures, requiring that search warrants need probable cause o 5 th Amendment Grand jury Double jeopardy – can't be tried for same offense twice in criminal court Due process – everything must be done properly Protection of self-incrimination Miranda rights o 6 th Amendment Right to counsel Rights to be informed of the nature of the accusation To confront witnesses against him or her o 8 th Amendment No “cruel and unusual punishment” No excessive bail o Ex past facto laws – laws that are passed to criminalize conduct after the conduct has occurred (not allowed) Purpose of Punishment 1. Rehabilitation (hard but necessary aim) 2. Restraint 3. Retribution (“an eye for an eye”) 4. Deterrence
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Elements of Criminal Responsibility 1. Broke the Law Show that the defendant’s actions violated an existing criminal statute 2. Guilty Act (actus reas) Prove beyond a reasonable doubt that the defendant did do the acts alleged 3. Guilty Mind Prove that the defendant had the requisite intent to violate the law
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  • Spring '08
  • Baker

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