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
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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.
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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.
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Section 2 1
At-Will Doctrine
At-Will Employees and 2
Contract
Contract Employees Employees
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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.
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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.
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1
Political
Affiliations and
Speech
2
Collective
Section 3 Bargaining
3
Searches and
Privacy Protections Surveillance
4
Defamation
5
Employer
Protections
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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.
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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.
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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.
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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.
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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.
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1
Disparate
Impact/Treatment
2
Section 4 Sexual
Harassment
3
Discrimination Disabled
Employees
4
Affirmative
Action
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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.
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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.
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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.
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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
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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.
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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.
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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.
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Section 6 1
Workers’
Compensation
Workplace Injury and Diseases 2
OSHA
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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.
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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
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