Law Block Chapter 30 PowerPoint

1
What is an
Employee?



2
At-Will
Employees and
Contract
Employees


Chapter 30 3

Privacy
Protections


Employment Law and 4

Discrimination
Workers’ Compensation Law

5

Compensation
and Benefits


6
Workplace Injury
and Diseases



7
Arbitration



© 2017 UEducate

1
Section 1 Legal Definitions

of an Employee



2
What is an Employee? Independent


Contractors
























© 2017 UEducate

1| What is an Employee?:

Legal Definitions of an Employee







 At common law, a worker


is an employee if the

employer controls how


and when work is

completed.



 The IRS offers definitions

of non-traditional


employees, called

statutory employees, who


receive the same


treatment as common law

employees for tax


purposes.



© 2017 UEducate

1| What is an Employee?:

Independent Contractors










 Independent contractors are

workers who perform projects or

tasks for a client and receive

payment hourly or per project.

 Whether worker is employee or


IC is determined by assessing
the elements of control, time,


manner, skills and materials.

 Independent contractors are not

able to collect workers’

compensation, collect

unemployment, or enjoy many

other benefits available to

employees.




© 2017 UEducate

Section 2 1


At-Will Doctrine



At-Will Employees and 2

Contract
Contract Employees Employees


























© 2017 UEducate

2| At-Will Employees and Contract Employees:

At-Will Employees







 The At-Will Doctrine is the


default rule


 At-Will employees may be


terminated for any reason,

and they may quit for any


reason.


 With few federal


exceptions, it is very

difficult to overcome the


presumption of an at-will


relationship between an

employee and an


employer.


© 2017 UEducate

2| At-Will Employees and Contract Employees:

Contract Employees








 Contract employees are

employed for a specified amount


of time by contract. Ending the

contract prior to the time stated


may create liability for breach of

contract.


 Terms of employment, such as


benefits, duties, hours, etc. are

determined by contract.


 Employee handbooks and other


documents delivered to and

signed by the employee are part


of the employment contract.



© 2017 UEducate

1

Political
Affiliations and
Speech



2

Collective
Section 3 Bargaining




3
Searches and
Privacy Protections Surveillance




4

Defamation



5
Employer
Protections










© 2017 UEducate

3| Privacy Protections:

Political Affiliations and Speech







 Employees may not be terminated

for political affiliations unless the

affiliation is an integral part of the

job.


 Public employees may not be

terminated for political speech

regarding matters of public

concern, but private employees can

be terminated for such speech.

 Employees’ rights to political

speech within the workplace is

governed by the National Labor

Relations Board.


 Employers have broad rights to

participate in the political process.



© 2017 UEducate

3| Privacy Protections:

Collective Bargaining












Florida employees


have the absolute


right to participate in


or refrain from


collective



bargaining.



Employers cannot


infringe upon such


rights.








© 2017 UEducate

3| Privacy Protections:

Searches and Surveillance







 Employers may record


worker activity, monitor

calls made on company


lines, and monitor


computer and email

activity on employer


servers.


 Drug testing is


permissible as long as it

is included with the


company policies or the


employees are otherwise

on notice.



© 2017 UEducate

3| Privacy Protections:

Defamation










 Defamation is


making a false


statement to a third


party which is


damaging to one’s


reputation.




 This may occur while


a previous employer


is providing a


reference.






© 2017 UEducate

3| Privacy Protections:

Employer Protections






 Employees owe employers


duty of loyalty.


 Employees can be prosecuted


for misappropriating trade


secrets.


 Employers may write non-


compete covenants with

employees to protect their


interests.


 Employee inventions belong


to the company if the

employee was hired to create


the invention.


© 2017 UEducate

1
Disparate

Impact/Treatment



2
Section 4 Sexual

Harassment



3
Discrimination Disabled


Employees



4

Affirmative
Action














© 2017 UEducate

4| Discrimination:

Disparate Impact and Disparate Treatment










Disparate impact is


when a policy or


practice impacts a


certain group of


people.



Disparate treatment is



discrimination based


on a characteristic of


the employee, such as


race or gender.






© 2017 UEducate

4| Discrimination:

Sexual Harassment









 Quid pro quo occurs when an

employee is asked for a sexual


favor, then punished for not


complying.


 Hostile work environment

occurs when an employee feels


uncomfortable or unsafe due to


inappropriate comments,

touching, jokes, or other


actions in the workplace.


 Employers can be liable for


these through vicarious liability.




© 2017 UEducate

4| Discrimination:

Disabled Employees







 The Americans With


Disabilities Act outlines

responsibilities of employers


with regard to disabled


employees.


 The ADA Amendments Act


expanded the definition of

“substantial impairment.”


 The Family Medical Leave


Act allows time off for


employees with a disability or

with disabled or sick family


members.


© 2017 UEducate

4| Discrimination:

Affirmative Action








Private employers are


banned from considering


race as a factor in hiring


practices.




Public employers have


enacted plans to ensure


they allow opportunities


to groups who were


historically



disadvantaged, such as


minorities and women.



© 2017 UEducate

1

FLSA



Section 5 2
FMLA



3
Compensation and Benefits Unemployment




4
Employee
Benefits


















© 2017 UEducate

5| Compensation and Benefits:

Fair Labor Standards Act (FLSA)









The FLSA provides


useful definitions for



various types of


employees.



Its protections are


only available to


employees, not


individual contractors.



The FLSA regulates



overtime pay.





© 2017 UEducate

5| Compensation and Benefits:

Family Medical Leave Act (FMLA)










 FMLA rights must be


posted by employers.


 Employees may not


have FMLA rights

restricted by


collective bargaining.


 Employers cannot


retaliate against

employees who


exercise their rights


under the FMLA.






© 2017 UEducate

5| Compensation and Benefits:

Unemployment











 Unemployment benefits are

available to those who


became unemployed without


fault.


 In Florida, unemployment


benefits are collected

through the Reemployment


Assistance Program. The

program pays a maximum of


$275.00 per week for up to


26 weeks.






© 2017 UEducate

5| Compensation and Benefits:

Employee Benefits
















 Employers are not


required to offer


benefits.


 Employers who offer

benefits must comply


with federal and state


laws, such as ERISA

and HIPAA.












© 2017 UEducate

Section 6 1
Workers’
Compensation



Workplace Injury and Diseases 2

OSHA

























© 2017 UEducate

6| Workplace Injury and Diseases:

Workers’ Compensation







 Workers’ Compensation claims


are paid when an employee is

injured on the job.



 There are three types of

claims: temporary partial


disability, temporary total


disability, and impairment

disability.


 Employees must file claims


against the workers’


compensation insurance held

by the employer within 30 days


of the injury.


© 2017 UEducate

6| Workplace Injury and Diseases:

Occupational Safety and Health Act



(OSHA)









 OSHA requires employers to

take preventative measures


to protect against workplace


injury and disease.


 OSHA can randomly inspect


workplaces or do so at the

request of an employee.



 OSHA may issue citations

and order remedial


measures to be taken by

employers for hazards.






© 2017 UEducate

Conclusion Key Takeaways

































© 2017 UEducate

Key Takeaways











 Workers can be employees or

independent contractors


 Most employment is at-will


 Employees are protected from

harassment, discrimination

and privacy violations


 Employers are entitled to


employee loyalty and

protection of trade secrets


 Employers must pay federally-

regulated wage minimums and


provide a safe working

environment



© 2017 UEducate