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Ch 21 - Employment Relationships

Ch 21 - Employment Relationships.

philantha-carlyn
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Ch 21 - Employment Relationships

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  1. Ch 21 - EmploymentRelationships

  2. I was working for a subcontracted company inside of Bridgestone when my employer terminated me under the claim of insubordination, but I have never been insubordinate or written up for anything before. I would like to sue for wrongfully termination seeing as they have no grounds for their claim of insubordination. Being terminated for this causes me to be unable to ever work for any company inside of Bridgestone in the future. I was not the only one this happened to.

  3. Employment-at-Will • Tennessee -

  4. Whistleblowing • Whistleblowing -

  5. Penn State Case • The lawsuit states he was the only assistant football coach who was not invited to interview for employment with the incoming new head football coach after longtime coach Joe Paterno was fired amid the Sandusky scandal.

  6. Penn State • According to the lawsuit, after testifying in court, he was placed on administrative leave and later terminated in July 2012. • Damages: So McQueary waits, his life stuck in its third year of limbo. Last summer Savannah State approached him about an assistant coaching job, but the administration ultimately decided against it. He seems resigned to the fact that he probably won't coach again. • McQueary also claims he was the only former employee who was not reimbursed for legal fees, and that he did not receive his severance payments on time.

  7. Wage-Hour Laws Fair Labor Standards Act (FLSA) – • ER – interstate and $500k gross sales or federal, state, local gov’t.

  8. Purpose of FLSA • 1. Establishes minimum wage & overtime standards • 2. Establishes overtime threshold (40 hr. per week*) for non exempt employees • 3. Record-keeping requirements

  9. President proposing to increase minimum wage • President signed an executive order to raise min wage for minimum wage for Federal contractors and subcontractors to 10.10

  10. IC v. EE IC or EE- why What do you look at?

  11. Issue regarding Wages • 1. Hours – how are they calculated.

  12. Customer service representative sued Verizon. CSR says workers have to log into their computers and open databases 10 to 15 minutes before her shift officially started so they were ready to take calls. • Should she get paid for those minutes?

  13. Youth Minimum Wages • The youth minimum wage allows employers to pay employees under 20 years of age for 90 days • Wage must be above $4.25 an hour

  14. Overtime • Exempt – • Non-Exempt –

  15. TRAP #4 OVERTIME PAY True or False: If you are on salary, you do not get paid overtime What about if get calls or text on personal time

  16. Under the FLSA, employees are entitled to overtime unless they're executives who manage and hire and fire employees; administrators who make key decisions; or professionals — such as lawyers and engineers — with advanced degrees, among other criteria. • Also exempt are certain information technology workers and sales representatives whose hours can't easily be tracked.

  17. Employees must earn at least $455 a week to be exempt. While all hourly employees are entitled to overtime, salaried workers may also qualify if they don't fall under any of the exemptions.

  18. Employees Exempt from Overtime • Domestic service workers who reside in their employers' residences • Employees of motion picture theaters • Farmworkers

  19. Exempt Positions • Salary Employees – • 1. Pay more than $455 per week AND • 2. Primary Duty Test

  20. Primary Job Duties Test • Job titles • JOB DUTIES.

  21. Executive Exempt • 1. Pay not less than $455 per week • 2. Primary duty must be directly related to management; AND • 3. Directs the work of 2 or more full time employees

  22. Administrative Exempt • 1. at least $455 per week • 2. Primary duty must be directly related to management; AND • 3. Requires regular independent judgment

  23. 750 assistant store managers of Big Lots suing for overtime. • They say managerial functions — such as assigning tasks to employees — took up 10% to 15% of time, but they couldn't hire, fire or discipline workers. • Typically worked about 60 hours a week and earned $43,000 a year.

  24. Working on personal time – Paid??? • A Chicago Police Department sergeant says he received lots of e-mails, text messages and calls every weeknight. • While dining with his family, mowing the lawn or watching his son play soccer, Allen often had to step away to coordinate search warrants and compile reports on seized assets, among other tasks.

  25. Amazon • Whenever he clocked out after his shift at an Amazon warehouse, Jesse Busk had to pass through the security checkpoint. • What bothered Jesse was the time it required after an exhausting day -- up to 25 minutes, all of it unpaid. • Should they be paid?

  26. Verizon • Customer service representative says she had to be at the call center 10 to 15 minutes before her shift officially started to log into their computers and open databases so they were ready to take calls. • Should they be paid?

  27. UNAUTHORIZED WORK • Standard = whether the employer knows or has reason to believe

  28. FLSA – Goodwill Store - Disability • The FLSA allows employers upon being certified, to pay disabled workers wages less than the federal minimum wage when their disabilities impair their productive capacities for work performance.

  29. MANDATORY RECORD KEEPING • Must keep certain records for nonexempt • No certain form – JUST DO IT

  30. FLSA Violations • U.S. Department of Labor enforces FLSA • 2 years

  31. Comp Time Under certain prescribed conditions, employees of State or local government agencies, law enforcement, fire protection, and emergency response personnel and employees engaged in seasonal activities may accrue comp time

  32. Worker Health and Safety • The Occupational Safety and Health Act • 8 or more employees – • interstate commerce

  33. Administration & Enforcement of OSH Act Law establishes 1. OSHA investigates, issues citations and penalties 2. Occupational Safety and Health Review Commission (OSHRC) - agency to adjudicate citations

  34. Section 5(a) of OSHA • Section 5(a)of the OSHA :

  35. OSHA Recordkeeping Requirements • Employers with 8 or more employees are required to keep records of and to make periodic reports to OSHA on occupational injuries and illnesses

  36. Employee Rights • Refusing to work • Employees are exposed to a dangerous condition posing imminent risk of serious injury or death AND • There is insufficient time, due to the nature of the hazard, to resort to report it to OSHA.

  37. Whirlpool Corp v. Marshall • Facts: 2 employees refused to comply with supervisor’s order they perform maintenance work on mesh screens located 20 ft above the plant floor. 12 days before, employee had died from the screens.

  38. TENNESSEE OSHA • The Tennessee Occupational Safety and Health • Tennessee OSHA also enforces the Tennessee Hazardous Chemical Right-To-Know Law

  39. WORKPLACE VIOLENCE • 1 MILLION people a year are victim of crimes while working. • 500K employees lost 1.8 MILLION work days each year and $55 MILLION wages

  40. According to NIOSH (National Institute for Occupational Safety and Health), 17 workers are murderedon the job each week in the U.S.

  41. According to NIOSH, 33,000 workers are victims of non-fatal assaults on the job each week in the U.S

  42. On May 4, 1999, a North Carolina jury concluded that the employer failed to take adequate precautions for the safety of their employees and awarded $7.9 million to the families of two men killed at work by an estranged employee. • Allman v. Dormer Tools, No. 97CVS1161 (N.C. Sup. Ct., May 4, 1999); Knox v. Union Butterfield, No. 07CVS2012 (N.C. Sup. Ct., May 4, 1999).

  43. On April 28, 1999, the Oregon Court of Appeals upheld a jury award for $1.25 million for punitive damages and $275,000 for compensatory damages to an injured employee whose supervisor knew of a patient's violent history and refused to return to work, instructing the plaintiff to remain alone at the facility, after she had been assaulted by a patient. • MacCrone v. Edwards Center, Inc., 980 P.2d 1156 (Or. Ct. App. 1999).

  44. A server at Jackson’s Bar and Bistro in Nashville filed a complaint to TOSHA alleging that mixing firearms and booze creates hazards for workers.

  45. Class Exercise

  46. PART II

  47. COBRA • COBRA -separated from employment - unless gross misconduct. • Over 20 employees.

  48. The Family and Medical Leave Act

  49. Employers are violating FMLA with alarming frequency. • Nearly one quarter of the employers questioned in a nationwide survey failed to instruct their supervisors about FMLA • 1 in 5 organizations didn't inform workers of the law's existence.

  50. Job protection

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