BPP University College Of Professional Studies Limited (BPP)
Employment Law
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SUMMARY NOTES ON Employment Law
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Employment Law
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BPP University College Of Professional Studies Limited (BPP)
SUMMARY NOTES ON Employment Law
Describe the functions of the U.S. Constitution as it relates to employment law. - ANS Statutory laws created by the "law of the land" in the United States. Laws must comply with the Constitution.
Summarize the concept of common law. - ANS Common law refers t...
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Employment Law
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Employment Law
Describe the functions of the U.S. Constitution as it relates to employment law. - ANS
Statutory laws created by the "law of the land" in the United States. Laws must comply
with the Constitution.
Summarize the concept of common law. - ANS Common law refers to law created by
judicial decision on a case by case basis.
Describe the types of employer-employee relationships. - ANS An employee may work
for a single employer; on the other hand, an integrated enterprise is one in which the
operations of two or more employers are considered so intertwined that they can be
considered a single employer for purposes of both federal statutory coverage and
liability. Joint employer: two or more entities not engaged in an integrated exercise exert
control over an employee, such that each entity may be considered an employer. Note
employee and independent contractor below.
Describe employee and independent contractor status. - ANS An employee works for
another person or company for a wage or salary. In exchange, he/she is under both the
protection of and is responsible to that employer to act in the best interest of the
company. An independent contractor, on the other hand, maintains much of the control
in his situation [control over hours scheduled, the process of the work; financially
responsible for his own benefits, workers comp and unemployment; may work for
multiple companies at one time; brings his own tools to the job]. There is a written
contract that binds the contractor to the employer for a specific time and to complete a
particular outcome, usually for a "bulk dollar amount". The IRS has a 20 point test for
independent contractor status. Employers cannot treat employees like contractors, nor
the opposite. The common law agency test and economics realities tests may also
guide status.
Differentiate between rights and responsibilities of employers and employees. - ANS
Employer Rights: 1. Employees are on time and in attendance (unless ill, leave, etc) 2.
Employees are working in the best interest of the employer's goals 3. Employees log
hours accurately 4. Employees follow all laws, policies and procedures; including
discrimination, harassment 5. Employees add to the health and safety of the workplace
6. Employees keep private the information that should be confidential (coworkers,
company secrets, etc) 7. Right to remain a viable business (so undue hardship comes
into play, WARN) 8. Right to compete with other companies. Employee Rights: 1. Safe
and healthy workplace 2. Pay commensurate with job; paid on time and in legal way 3.
, Fair treatment 4. Privacy, limited 5. Resources needed to do the job 6. Workplace free
of discrimination 7. Knowing where they stand (performance management) 8. Knowing
what is expected (policies and procedures, job description, behavior) 9. Most
employers, unemployment compensation and worker's compensation coverage.
Describe the role of the employee handbook in a legal context. - ANS Established
employer's policies and procedures.Employment at will—some employees have claimed
that the handbook creates an "implied contract". It is recommended that there be a
statement in the handbook that it is not a contract. Ask employees to sign that they had
read and understood, agreeing to it. Second, the newest handbook is the one that
"trumps" all others, regardless of which handbook was current when the employee
joined the company. There is protection in noting that it is the employee's responsibility
to keep an updated copy. If we don't follow our own handbook, it's no protection; follow
procedures outlined. Progressive discipline, reserve right to jump steps (employee can
claim, "hey, you didn't give me all these warnings and things"; some breaches by the
employee should lead to immediate termination).
Describe respondeat superior doctrine and the scope of employment. - ANS
Respondeat superior: employer is only responsible for the employee's actions
performed within the scope of employment. Scope of employment: related to the job
description, foreseeable by the employer as part of the job [on work time? On work site?
suggested by employer? not specifically forbidden] Potential example of how this can
seem gray: If you have one work location, employer is not responsible for you during
your commute. If you drive from one location to another during the workday, the travel
between one and the other location is within the scope of employment. Bottom line: did
the action serve the employer's interest?
Define employment-at-will. - ANS Employer may terminate an employee at any time,
for any legal reason. Employee may leave employment at any time, with or wtihout
notice. Three exceptions: implied contract; good faith and fair dealing; public purpose.
See Topic 1.5
Define the types of employment contracts. - ANS An explicit contract is an agreement
in which the parties state exactly what they agree to do. An implied contract, on the
other hand, is a legally binding agreement which is created, not through formal contract
negotiation and documentation, but by the actions of the employer and the employee.
Third, a union contract is the agreement bargained between the union and management
through collective bargaining.
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