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Business Finance

In: Business and Management

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Chapter 23 Employment and Immigration Law
• EMPLOYMENT AT WILL
Either party may terminate the employment relationship at any time and for any reason (unless doing so would violate provisions of an employment contract) o Exceptions:
 Contract theory- implied employment contract
 Tort theory- emotional distress, defamation
 Public policy- whistleblowing o Wrongful discharge- violation of an employment contract/statute protecting employees

• WAGE/HOUR LAWS
Fair labor standards act- minimum wage & overtime pay (1.5 times regular pay) o Child labor
 Age 14-15+ allowed to work (restrictions= hours per day and per week, no hazardous)
 Age 16-18 no restriction on working times/hours
 No restrictions on 18+ o Wages/hours
 Minimum wage
 Overtime- work over 40 hrs/week- paid 1.5x regular pay for all hours over o Overtime exceptions- executive, administrative, professional employees; outside salespersons; computer programmers
 ** primary duty is management
 Exceptions do not apply to : police, firefighters, nurses, public-safety workers, white-collar earning > $100,000/yr, computer programmers, dental hygienists, insurance adjusters

• LABOR UNIONS o National Labor Relations Act- right of employees to engage in collective bargaining and to strike
 Employer practices unfair to labor:
• Interference with employee efforts to form, join, assist labor org
• Employer’s domination of labor org
• Discrimination in the hiring/awarding based on union affiliation
• Discrimination against employees for filing charages under act
• Refusal to bargain collectively
 National Labor Relations Board- authority to investigate employee’ charges of unfair labor practices and to file complaints against employers
• Cease-and-desist orders- orders compelling employers to stop engaging in unfair practices
 Employers/unions have duty to bargain in good faith...

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