Employment Law

Chapter 21

Employment Lawyers represent employees and employers in cases

often involving disputes over wages, work safety, harassment and discrimination.

must stay current with employment rights and responsibilities mandated by the Federal Government: Occupational Safety and Health Administration - (OSHA) Equal Employment Opportunity Commission – EEOC

Salary: average $165,000

Philadelphia Labor & Employment Attorneys - The Ezold Law Firm - http://www.youtube.com/watch?v=KAeyC-xik0A&feature=relmfu

Corporate Employment Lawyers – INTERNAL

provide counsel on labor laws and human resources practices.

Handle lawsuits filed by angry customers draft new employee contracts, advise HR

personnel on employment procedures, ensure company compliance with government laws and investigate cases of employee misconduct.

perform risk and crisis management duties by advising executives on how to handle difficult labor or employee situations.

Companies with the Largest Legal Departments

PepsiCo (123)

Caterpillar Inc. (155)

Google, Inc. (154)

Microsoft Corp. (328)

GlaxoSmithKline Inc. (250)

Facebook (100)

The Most Sued Companies in Federal Court in 2011

1. General Electric: 9300 Http://www.ge.com/products_services/index.html

2. Goodyear : 45003. Bank of America : 32004. Toyota Motor : 18005. Wal-Mart: 1600 Wal-Mart Employment Discrimination Suit -

http://www.youtube.com/watch?v=egUg1PbJFSU&feature=related

General Electric Gender Discrimination Lawsuit

A top female lawyer for General Electric Co. was demoted and has subsequently filed a $500 million gender discrimination lawsuit against her employer -- in a suit that seeks to change company pay and promotional practices.

The lawsuit, accuses the corporation of paying female employees in entry level executive positions less money than their male counterparts and failing to promote the female executives at a comparable rate.

Lorene F. Schaefer is seeking class action certification from a judge on behalf of approximately 1,500 entry level female executives throughout the corporation.

http://www.huffingtonpost.com/2010/07/26/fired-over-facebook-posts_n_659170.html#s115707&title=Swiss_Woman_Caught'

Facebook firing case goes to federal court : http://www.youtube.com/watch?v=XjEDfPcnu04&feature=related

Facebook Firing Case - What It Means for Us http://www.youtube.com/watch?v=pyFFm1oolKY&feature=related

Employment – legal relationship based on a contract that calls for one individual to be paid for working under another’s direction

Independent contractor – one working for, but not under one’s supervision

Express Agreements

Oral or written employment contracts

Expressly describes all elements of the employment relationship

Ex. Sports professionals, entertainers, management, union members, etc.

Implied Agreements

Hourly wage workersNo agreement as to length of

employment

Employment at will – employee can be discharged or quit at any time for any cause due to lack of formal contractual agreement

State and Federal Law

Minimum wage requirements$7.25/hr$2.83/hr for tipped employees

Discrimination lawsChild Labor Laws

TerminationBy Performance

Completion of job

By Will Violation of contract terms

By Material Breach Obligations are not fulfilled (by either

employee or employer)

Public Terminations Charlie Sheen fired http://www.youtube.com/watch?v=FCLS_1iMglo

The was no “Morals Clause” on Employment Contract Charlie Sheen filed a lawsuit Thursday against Time Warner's

(NYSE:TWX) subsidy Warner Bros. For $100 million, plus punitive damages http://www.youtube.com/watch?v=CKvNO4tI1ZE&feature=relmfu

Teacher fired for Wizardry http://www.youtube.com/watch?v=jP83Db9XDJ0&feature=related

Fired Principal http://www.youtube.com/watch?v=Ly-xf9O_E0Y&feature=fvwrel

Facebook Firings http://www.youtube.com/watch?v=fCH33TgK8Mw&feature=relate

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Lantana police chief fired after DUI arrest - http://www.youtube.com/watch?v=6piO1RXyIt8

Unemployment Compensation

Money paid by the government or a private insurance fund to workers who have lost their jobs through no fault of their own

Fired workers cannot apply for Unemployment Pay

Employees that are said to have been discharged without cause are entitled to unemployment compensation benefits

Employees discharged for cause are not!

Employer/EmployeeResponsibilities

Chapter 21-2

Owed to Employees

1. Reasonable treatmentNO Discriminatory practices or harassment on the basis of : Race Religion Gender national origin disability genetic information age

2. Safe working conditions: Occupational Safety and Health Administration - (OSHA)

3. Fair labor standards Minimum wage Maximum hours Overtime compensation

Hertz rental car company, facing a religious discrimination suit by 25 fired Muslim drivers, said on Thursday it would "vigorously defend" itself in a dispute involving prayer breaks at its Seattle airport office http://www.youtube.com/watch?v=Ob7-U7

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Maximum hours = 40hrs per week

Overtime = 1 ½ x hourly rate

Executives, professionals, etc. are an exception to this rule due to being paid by salary

One pay, no matter how many hrs worked

…Owed to Employees

4. Payroll deductionsEmployer must pay into S.S. and

MedicareEmployer pays into Worker’s

Compensation and Unemployment

5. Military service – jobs held for drafted/enlisted military persons

…Owed to Minors

1. State Law Minimum age (work permit) Maximum/restrict working hours

2. Federal Law Fair Labor Standards Act

Federal Laws to know!1. Civil Rights Act of 1964

which prohibits employment discrimination based on race, color, religion, sex, or national origin;

Civil Rights Act of 19911. provides monetary damages in cases of intentional employment

discrimination.

2. Equal Pay Act of 1963 (EPA), which protects men and women who perform substantially equal

work in the same establishment from sex-based wage discrimination;

3. Age Discrimination in Employment Act of 1967 (ADEA), which protects individuals who are 40 years of age or older;

4. Americans with Disabilities Act of 1990, as amended (ADA), which prohibit employment discrimination against qualified

individuals with disabilities in the private sector, and in state and local governments;

5. Genetic Information Nondiscrimination Act of 2008 (GINA), which prohibits employment discrimination based on genetic

information about an applicant, employee, or former employee; and

The U.S. Equal Employment Opportunity Commission

(EEOC) enforces all of these laws. EEOC also provides

oversight and coordination of all federal equal employment

opportunity regulations, practices, and policies.

Entertainment and agriculture are the only two fields that may employ minors under the age of 14

…Owed to injured parties

If an employee, acting within the scope of employment, commits a tort, the EMPLOYER is liable for damages

…Owed to Employers

1. Duty to Fulfill employment contract

2. Duty of obedience – obey reasonable orders and rules of employer Study Employee Handbook and Policies Ignorance is not acceptable

3. Duty of reasonable skill – those who accept work possess the skill, experience and knowledge to do it

…Owed to Employers

4. Duty of loyalty and honesty – to look out for employers best interest

5. Duty of reasonable performance – perform job tasks with competence