BUSINESS LAW FALL 2012

Employment Law I

Employment Relationships

Labor and Management Relations Unions are developed because of disagreements

between labor and management.- Collective bargaining Grievance Procedures are put into place so employees can

voice their opinion on a decision they feel is not fair.

Employee Contracts Used mainly for professional positions i.e. doctors,

teachers, entertainers, athletesRights of Employers

Expect reasonable amount of work from employees, can instruct employees on what is expected, expect loyalty, honesty and dependability

Employment Relationships con’t

Rights of Employee Receive appropriate pay, safe working conditions,

training, fair treatment, and the opportunity to get promotions

How can an employee be terminated?

Employment at Will Doctrine Used when the employment contract does not state how long the

agreement is to last. Employer or employee can sever the relationship at any time

Exceptions Fired without just cause –unjust dismissal- can result in a lawsuit Employees can not be fired for refusing to commit a crime. Implied contract involves an oral agreement. Oral contract can be

voided if the oral contract does not have a time table for how long it is valid.

Implied covenant exist because it is understood that both parties would be fair to one another in the employee/employer relationship.

Employee cannot leave and sell trade secrets to a competitor If any of these exceptions are found that the employer violated

any of these provisions the firing of the employee will not stand.

Federal Labor Laws

Wagner Act AKA National Labor Relations Act of 1935 1st federal law dealing with collective bargaining Encompasses

Encourages collective bargaining Discourages certain unfair labor practices Provides federal assistance in obtaining fair bargaining Determines what guidelines need to be included in

collective bargaining contracts Wages, hours, and conditions of employment

Taft-Harley Act

AKA Labor Movement Relations ActCame about from the amendment of the Wagner Act in

1947Provided for a 60 day cooling off period

President could postpone a strike if it was in the best interest of the country

Made the closed shop illegal- had to be a union memberStates could pass right to work lawsAllowed companies to let people go when they were no

longer neededOutlawed featherbedding-practice of assigning more

people than are needed for certain jobs.Unions cannot refuse negotiations with employers

Landrum-Griffin Act

Came about from an amended Wagner Act in 1959

Aka Labor Management Reporting and Disclosure Act

Protects the rights of union employeesMain reason-stop corruption in union

management

Child Labor Protection

Came to the forefront during the Industrial Revolution

Children were working in dangerous occupations for long hours with very little money.

Child labor protection laws were developed very slowly due to the need for child labor in various industries such as manufacturing, mining, and farming.

Child Labor Protection con’t

Most forward looking legislation for child protection happened when the Fair Labor Standards Act in 1938 incorporated a child labor portion.

Incorporated:• Prohibition on shipments of goods that were made in

factories using oppressive child labor• Restrictions of how children can be worked (number of

hours, age restrictions, when children can work, what types of work are allowed, and amount of pay)