What category of worker do "employment laws" generally cover? correct answers Only cover employees NOT those doing work as independent contractors
Control Test--> correct answers used to determine employee vs independent contractor status
Factors of "control test" correct answers control q...
Employment Law || with 100% Error-free Solutions.
What category of worker do "employment laws" generally cover? correct answers Only cover
employees NOT those doing work as independent contractors
Control Test--> correct answers used to determine employee vs independent contractor status
Factors of "control test" correct answers control questions, financial questions & type of
relationship
Control Questions: Does employer control.... correct answers when/where is work done?
what tools/equipment are used?
where are supplies/services purchased?
who must perform specific work?
what is the order sequence of work tasks?
Financial Questions: Does employer control... correct answers who has the greatest
unreimbursed business expenses?
who makes investment in tools?
whether services are offered to others?
how worker is paid?
if worker can make a 'profit'?
Type of Relationship between employer & employee correct answers Does a written contract
exist & does it DESCRIBE the relationship?
Does employer pay benefits?
Is the relationship one-time or long term?
Are worker's services a critical part of employer's ongoing business?
Employment at Will--> correct answers a traditional doctrine that governs employment contracts
Employment at Will Basic Doctrine correct answers says either party may terminate an
employment relationship at any time for any reason as long as a contract does not specify
otherwise AND the termination does not violate statutory law or common law
Exceptions to Employment at Will based on: correct answers Contract Theory (express or
implied)
Tort Theory
Public Policy (most common exception)
Exceptions based on Contract Theory: correct answers breach of contract
breach of implied contract
promissory estoppel
**If any of these occur, employee/employer could succeed in court action**
, Implied Contract--> correct answers terms are based off of employee's "reasonable expectations"
which could come from anyone who has AUTHORITY to make those decisions
Exceptions based on Tort Theory: correct answers action for wrongful discharge
abusive discharge
Wrongful Discharge--> correct answers tort action filed by an employee if an employer
improperly discharges that employee in violation of the law or an employment contract
-typically brought to court in addition to contract theory law suit
**Most common tort theory action**
Abusive discharge--> correct answers if discharge is deemed abusive an employee can also file
for: intentional infliction of emotional distress, defamation & fraud
Exceptions based on Public Policy: correct answers employee CANNOT be fired if termination
violates public policy
How does one know what "public policy" is? correct answers STATUTES (most often) or
WELL-KNOWN MANDATES that must be clearly expressed in the jurisdiction's statutory law
Examples of statutes that include "public policy": correct answers Whistleblowing statutes
American's with Disabilities Act (ADA)
Family Medical Leave Act (FMLA)
OSHA
Examples of common law "public policy" well-known mandates: correct answers refusal to
commit an unlawful act
fulfilling a public obligation
exercising a statutory right
whistleblowing in states that don't have staute
Fair Labor Standards Act (FLSA)--> correct answers extended wage & hour requirements to
now cover ALL employers engaged in interstate commerce (involving movement of persons or
things across state lines or foreign territory)
FLSA critical provisions made to include: correct answers child labor laws
minimum wage laws
maximum hours laws
Child Labor laws--> correct answers restrict labor when a child is under 18
Laws for children under 14: correct answers -can perform only certain types of work (newspaper
delivery, some ag or entertainment)
-can work parents
-have working time & maximum hour restrictions
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