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Roger LeRoy Miller BUSINESS LAW TODAY THE ESSENTIALS TEXT & SUMMARIZED CASES, 11E Copyright © 2017 Cengage Learning. All Rights Reserved. Copyright © 2017 Cengage Learning. All Rights Reserved. Employment Law Chapter 18 Chapter Outline • 18-1 Employment at Will • 18-2 Wages, Hours, Layoffs, and Leave • 18-3 Health, Safety, and Income Security • 18-4 Immigration Law • 18-5 Employment Discrimination Copyright © 2017 Cengage Learning. All Rights Reserved. Learning Objectives 1. 2. 3. (slide 1 of 2) What is the employment-at-will doctrine? Under the Family and Medical Leave Act, in what circumstances may an employee take family or medical leave? What are the two most important federal statutes governing immigration and employment today? Copyright © 2017 Cengage Learning. All Rights Reserved. Learning Objectives 4. 5. (slide 2 of 2) What is required to establish a prima facie case of disparate-treatment discrimination? What federal act prohibits discrimination based on age? Copyright © 2017 Cengage Learning. All Rights Reserved. 18-1 Employment at Will  18-1a Exceptions to the Employment-atWill Doctrine – Exceptions Based on Contract Theory – Exceptions Based on Tort Theory – Exceptions Based on Public Policy • Case Example 18.3 Waddell v. Boyce Thompson Institute for Plant Research, Inc. (2012)  18-1b Wrongful Discharge Copyright © 2017 Cengage Learning. All Rights Reserved. 18-2 Wages, Hours, Layoffs, and Leave (slide 1 of 2) 1. 2. 3. Davis-Bacon Act Walsh-Healey Act Fair Labor Standards Act (FLSA) Copyright © 2017 Cengage Learning. All Rights Reserved. 18-2 Wages, Hours, Layoffs, and Leave (slide 2 of 2)     18-2a Child Labor 18-2b Minimum Wage Requirement 18-2c Overtime Exemptions 18-2d Layoffs Copyright © 2017 Cengage Learning. All Rights Reserved. Case 18.1   Bailey v. TitleMax of Georgia, Inc. (2015) Congress enacted the FLSA in 1938. More than 8,000 FLSA suits are filed in federal district courts each year. How do these facts support the court’s reasoning in this case? Copyright © 2017 Cengage Learning. All Rights Reserved. 18-2e Family and Medical Leave (slide 1 of 2) 1. 2. 3. 4. 5. • To care for a newborn baby within one year of birth. To care for an adopted or foster child within one year of the time the child is placed with the employee. To care for the employee’s spouse, child, or parent who has a serious health condition. If the employee suffers from a serious health condition and is unable to perform the essential functions of her or his job. For any qualifying exigency (nonmedical emergency) arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on active duty. Case Example 18.4 Ballard v. Chicago Park District (2014) Copyright © 2017 Cengage Learning. All Rights Reserved. 18-2e Family and Medical Leave (slide 2 of 2) – Benefits and Protections – Violations 1. Damages to compensate an employee for lost benefits, denied compensation, and actual monetary losses (such as the cost of providing for care of the family member) up to an amount equivalent to the employee’s wages for twelve weeks (twenty-six weeks for military caregiver leave). 2. Job reinstatement. 3. Promotion, if a promotion has been denied. Copyright © 2017 Cengage Learning. All Rights Reserved. 18-3 Health, Safety, and Income Security  18-3a The Occupational Safety and Health Act (OSHA) – Notices, Records, and Reports – Inspections and Employee Complaints Copyright © 2017 Cengage Learning. All Rights Reserved. 18-3b State Workers’ Compensation Laws – Requirements for Receiving Workers’ Compensation 1. The existence of an employment relationship. 2. An accidental injury that occurred on the job or in the course of employment, regardless of fault. Copyright © 2017 Cengage Learning. All Rights Reserved. 18-3c Income Security – Social Security – Medicare – Tax Contributions – Private Retirement Plans – Unemployment Insurance – COBRA – Employer-Sponsored Group Health Plans – Affordable Care Act Copyright © 2017 Cengage Learning. All Rights Reserved. 18-4 Immigration Law  18-4a Immigration Reform and Control Act (IRCA) – I-9 Employment Verification: The process of verifying the employment eligibility and identity of a new worker – Documentation Requirements – Enforcement – Penalties Copyright © 2017 Cengage Learning. All Rights Reserved. 18-4b The Immigration Act – I-551 Alien Registration Receipts • “Green card” to legally work in the U.S. – The H-1B Visa Program • Specialty occupation – H-2, O, L, and E Visas • H-2: agricultural labor •