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Test 1 – Reflections Find Test – Find Answer Sheet – Compare to Key

Test 1 – Reflections Find Test – Find Answer Sheet – Compare to Key. Adjustments for Next Test. Too long – final will be shorter Not enough time (same issue) but I’ll give more time – break at 7:45 – start test at 8:00 One Page Notes Sheet Allowed A Bit More Teaching to the Test (maybe)

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Test 1 – Reflections Find Test – Find Answer Sheet – Compare to Key

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  1. Test 1 – ReflectionsFind Test – Find Answer Sheet – Compare to Key • Adjustments for Next Test. • Too long – final will be shorter • Not enough time (same issue) but I’ll give more time – break at 7:45 – start test at 8:00 • One Page Notes Sheet Allowed • A Bit More Teaching to the Test (maybe) • Adjustments to First Test • Plus 5 Multiple Choice Questions for Everyone • Re-Take Ethics Essay (optional new question – with final/will only use the new score if a 5 point improvement or more) • Essay Grading – slightly easier grading • Extra Credit – End-of-Chapter Questions. Due last day of class. One letter grade improvement on test 1 – 10% bump on both Essay and Multiple choice (neither to over 100%).

  2. Employment Agreement • Did you bring? • Nondisclosure agreement • Non-compete • Policy manual • Employee handbook • Surveillance • Sexual harassment? • Observations?

  3. What are exceptions to at-will employment? At-Will Employment • At-Will Employment: indefinite duration without an express agreement. • Employees Not Subject to the “At Will” Rule: • Public Employees. • Employees with Individual Contracts. • Union Contracts. • Wrongful Discharge. • The Public Policy Exception: refusal to commit an unlawful act. • Statutory Protections. • Federal Statutes. • Whistleblower Statutes. Theranos – Tyler Shultz. Snowden . Wells Fargo. • Implied Contracts: Parties’ conduct limits the Employer’s right to discharge the Employee even though there is no express contract. Right to Free Speech? Garcetti et al. v. Ceballos (2006).Did Garcetti have a right to free speech? Garcetti, a DA, he testified that a warrant was inadequate against the position of his department/boss.

  4. End-of-Chapter Q: 12.4, P. 358Fired for Facebook Posting • Employer Mistake Regarding Tax Withholding. • Employee Post. ”GoalPosts owners could not even do paperwork correctly.” Referred to one of the owners as an “asshole” Question from Today’s Paper Can Facebook Fire Kaplan? Joel Kaplan, Facebook’s head of Global Policy, went to Judge Kavanaugh’s hearings to support him. Many Facebook employees and stockholders are enraged. Zuckerberg said he did not violate any Facebook policy. Sanberg: “We support people’s right to do what they want in their personal time but his was by no means a straight-forward case.” She is talking to him an expressed that he made a mistake.

  5. End-of-Chapter Q: 12.6, P. 358Five Scenarios Firing Violates Public Policy • #1 – Fired Because Husband Works for Competitor. • #2 – Fired for Expressing General Safety Concerns (no specific law violation) • #3 – Fired for Making Claim of Underpayment (earnings lower than they should have been). • #4 – Fired for Complaining about how Workers’ Comp Claims Were Managed (not her action and she did not have specific facts about other actions). • #5 – Fired for Insubordination Wrongful termination based on public policy a clear public policy (a law is a clear policy) Dismissal would jeopardize public policy Dismissal related to public policy Employer lacked overriding legitimate business justification for the firing

  6. Recommendations for Former Employees • Conditional Privilege (defense) to defamation actions protects former Employers if the information given to future Employers is fair and in good faith and not published to third parties. Also, Employers may be protected if the Employee signs a waiver and release. • Lose Privilege if Published Beyond Prospective Employer.

  7. Employer Testing & Surveillance • Part of Policy Manual. Limited usefulness and problematic for the Employer. Should be part of the company policy manual and apply to all Employees. • Challenges to testing: • Breach of contract. • No justification. • Violates privacy. • False accusation. • Emotional distress. • Racial discrimination. • Public Employees: protected by Fourth Amendment from unreasonable search and seizures and the right to privacy. • Public transportation. • Handling of firearms. • Public school teachers.

  8. EmployeeSurveillance • Employee’s Privacy Rights • Whether employee provided exclusive working area • The nature of the work • Whether the employee was on notice of the monitoring • Statistics – American Management Association • 66% of employers monitor internet use • 43% monitor emails • 58% have fired someone for inappropriate use • 45% monitor phone time • 16% record calls • 15% track company vehicles • 3% track employees location through cell phone

  9. Responsibility for Worker Safety • OSHA: safe and healthy work environment is required for employers. • Ergonomics Regulations and Repetitive Stress Injuries. • Criminal Prosecutions. • BP fine of $21 million for 301 willful violations of worker safety that arose out of an explosion that killed 15 workers. • Inspect (fines $5,000+)

  10. Worker’s Compensation • Companies Should Bear Risk. Companies should bear the risk of Employee injuries that occurs in the workplace. WC can be provided through self-insurance, purchased from the state or a private insurance companies. • Regardless of Fault. • Bars Lawsuit.

  11. Davis Bacon and Fair Labor Standards Act • Exempt Employees • executives • administrative • professional • outside salesperson • Time and 1/2 for over 40 hours • Minimum Wage Time and 1/2

  12. Minimum Wage, Overtime and Child Labor • Minimum Wage and Overtime. • Exempt Employees -for example: salespersons, and executive, administrative, and professional employees. • Child Labor. • Children under 14, generally not employable. • Children aged 14-15 may be employed outside of school hours subject to daily and weekly limits. • Children aged 16-18 may work in manufacturing occupations subject to some limitations.

  13. Immigration Law • Immigration and Reform Control Act 1986. • Obtaining a Work Visa. • Verifying Authorization. • “I-9” (Employment Eligibility Verification form). • Amnesty Proposal. • Apply for 3 year temporary-worker permit. Discussion Immigration Reform? Should we allow more workers into the U.S. Why? Why Not?

  14. End-of-Chapter Q: 12.1, P. 357“Employee” – NLRB – College Athletes • Northwestern University Football Players. Are football players employees? • Under control • $30.1 million in revenue – $21 million in expenses • Scholarships - $76,000 per year • University dictates clothing that must be worn on game day • 50-60 hours per week • Rules on living arrangements, driving a car, posting on social media, use of drugs and alcohol …

  15. Social Security, Medicare and Unemployment Insurance • OASDI (DI = Disability Insurance) • 2018 = $128,400 • Unemployment • Cobra.

  16. Private Pension Plans • Vesting • Trustee • ERISA

  17. End-of-Chapter Q: 12.2, P. 357ERISA – Benefits “Rumor” • Lump Sum Retirement Benefit – Rumor. HR said did not know about it. • Two Weeks After He Retires. Exxon announces lump-sum benefit. • Breach of Fiduciary Duty in Not Disclosing Potential Change? • “Serious Consideration” standard.

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