BLAW 3310: Test 3: miller
uta
1. Employment-at-will doctrine: Refers to the presumption that employment is for an indefinite period of time and
may be terminated either by employer or employee.
2. wrongful termination: A cause of action an employee may have if dismissed for an improper reason, such as
exercising a public right or other interest protected in the employment relationship, such as protected class status under
title VII
3. "good faith" exception in California:
4. Texas exceptions (jury duty:
5. refusal to do an illegal act: An employer cannot fire an employee for refusing to commit illegal act, such as
falsifying reports required by a government agency or refusing to commit perjury at trial.
6. Sabine case re refusing to obey order to break law:
7. military service obligation): An employer cannot fire an employee for performing a public duty, such as reporting for
jury duty or military service.
8. post-employment covenant not-to compete must be "reasonable" in Texas and none in CA: - cannot recruit
fellow employees for another company when you leave your current place of employment. Can do this in Texas.
9. "no raiding post employment clause: Designed to protect an employer's busi- ness interest in keeping its workforce
intact even after the departure of key employ- ees. Typically, the departing employee is forbidden from soliciting all
current em- ployees as well as any employee who resigned within six months of the employee's departure date. If the
employee does solicit these individuals, the employer may sue the employee of breach of contract.
10.commerce clause:
11.Occupational Safety Health Act: States the employers must provide employ- ees a workplace "free from
recognized hazards that are causing or are likely to cause death or serious physical harm" and that employers must
"comply with occupational safety and health standards" issued by OSHA
12.worker's compensation statute: Provide for awards to workers or their depen- dents if a worker incurs an injury
or an illness in the course of employment. The worker is freed from bringing a legal action to prove negligence by the
employer.
13."course and scope of authority" as basis of employer liability:
14.Fair Labor standards Act: Established federal minimum wage requirements in 1938. Also established standards
for overtime pay.
15.minimum wage (how determined): Generally averaged about 50% of the average manufacturing wage. Requires
employers to pay a fair wage to employees and does not allow workers to be paid so little that they have trouble buying
the necessities of life.
, BLAW 3310: Test 3: miller
uta
16.overtime (how to compute payment for hours over 40 in a week): If you are an hourly employee and work over
40 hours given week, you get 1.5x every hour spend working over 40.
17.Tip credit: - when you are hired to be a server they only have to pay you $2.13 the tips are what makes up for the
$7.25
18.re regulation re $46,000 salary before exempt from overtime Security ben- efits:
19.6.2% for SS plus 1.45% for Medicare b= 7.65% contribution by employer in behalf of employee: The
government doesn't trust you to save, so they set aside 7.65% for your future. The employer matches that 7.65% to get it
to 15.3%
20.45% for Medicare b= 7.65% contribution by employer in behalf of employ- ee:
21.employee contribution: - whatever you contribute to your employers they usu- ally match you either 100% or less.
Say you contribute $60 each month they give back either $60 or $30, it depends.
22.retirement defined benefit plans: Employee Retirement Income Security Act is directed most employee benefit
plans, including medical, surgical, or hospital benefits; sickness, accident, or disability benefits; death benefits;
unemployment benefits; vacation benefits, apprenticeship or training benefits; day-care centers; scholarship funds;
prepaid legal services; retirement income programs; and deferred income programs.
- You can keep your contributions to your company even before retirement. Usually can keep it after 5 years.
23.defined contributions plans (e.g. 401(k) plans: - Retirement plans through corporations. Company will
contribute up to a certain percentage of what the employee contributes.
24.contribution by employee: Employee adds a certain percentage each month to set aside in the 401(k)
25.matching contribution by employer: Employers will generally match up to certain percentage point of the
money that an employee sets in his 401(k)
26.vesting: Establishing by Employee Retirement Income Social Security Act. The employee becomes the owner of
the funds in a retirement program. The requirement that pension benefits become the property of workers after a specific
number of years of service to an employer.
27.labor law: Laws which regulated how workers could be paid and treated
28.National Labor Relations Act: passed by Congress in 1935, guarantees work- ers the right of collective
bargaining; also known as the Wagner Act.
uta
1. Employment-at-will doctrine: Refers to the presumption that employment is for an indefinite period of time and
may be terminated either by employer or employee.
2. wrongful termination: A cause of action an employee may have if dismissed for an improper reason, such as
exercising a public right or other interest protected in the employment relationship, such as protected class status under
title VII
3. "good faith" exception in California:
4. Texas exceptions (jury duty:
5. refusal to do an illegal act: An employer cannot fire an employee for refusing to commit illegal act, such as
falsifying reports required by a government agency or refusing to commit perjury at trial.
6. Sabine case re refusing to obey order to break law:
7. military service obligation): An employer cannot fire an employee for performing a public duty, such as reporting for
jury duty or military service.
8. post-employment covenant not-to compete must be "reasonable" in Texas and none in CA: - cannot recruit
fellow employees for another company when you leave your current place of employment. Can do this in Texas.
9. "no raiding post employment clause: Designed to protect an employer's busi- ness interest in keeping its workforce
intact even after the departure of key employ- ees. Typically, the departing employee is forbidden from soliciting all
current em- ployees as well as any employee who resigned within six months of the employee's departure date. If the
employee does solicit these individuals, the employer may sue the employee of breach of contract.
10.commerce clause:
11.Occupational Safety Health Act: States the employers must provide employ- ees a workplace "free from
recognized hazards that are causing or are likely to cause death or serious physical harm" and that employers must
"comply with occupational safety and health standards" issued by OSHA
12.worker's compensation statute: Provide for awards to workers or their depen- dents if a worker incurs an injury
or an illness in the course of employment. The worker is freed from bringing a legal action to prove negligence by the
employer.
13."course and scope of authority" as basis of employer liability:
14.Fair Labor standards Act: Established federal minimum wage requirements in 1938. Also established standards
for overtime pay.
15.minimum wage (how determined): Generally averaged about 50% of the average manufacturing wage. Requires
employers to pay a fair wage to employees and does not allow workers to be paid so little that they have trouble buying
the necessities of life.
, BLAW 3310: Test 3: miller
uta
16.overtime (how to compute payment for hours over 40 in a week): If you are an hourly employee and work over
40 hours given week, you get 1.5x every hour spend working over 40.
17.Tip credit: - when you are hired to be a server they only have to pay you $2.13 the tips are what makes up for the
$7.25
18.re regulation re $46,000 salary before exempt from overtime Security ben- efits:
19.6.2% for SS plus 1.45% for Medicare b= 7.65% contribution by employer in behalf of employee: The
government doesn't trust you to save, so they set aside 7.65% for your future. The employer matches that 7.65% to get it
to 15.3%
20.45% for Medicare b= 7.65% contribution by employer in behalf of employ- ee:
21.employee contribution: - whatever you contribute to your employers they usu- ally match you either 100% or less.
Say you contribute $60 each month they give back either $60 or $30, it depends.
22.retirement defined benefit plans: Employee Retirement Income Security Act is directed most employee benefit
plans, including medical, surgical, or hospital benefits; sickness, accident, or disability benefits; death benefits;
unemployment benefits; vacation benefits, apprenticeship or training benefits; day-care centers; scholarship funds;
prepaid legal services; retirement income programs; and deferred income programs.
- You can keep your contributions to your company even before retirement. Usually can keep it after 5 years.
23.defined contributions plans (e.g. 401(k) plans: - Retirement plans through corporations. Company will
contribute up to a certain percentage of what the employee contributes.
24.contribution by employee: Employee adds a certain percentage each month to set aside in the 401(k)
25.matching contribution by employer: Employers will generally match up to certain percentage point of the
money that an employee sets in his 401(k)
26.vesting: Establishing by Employee Retirement Income Social Security Act. The employee becomes the owner of
the funds in a retirement program. The requirement that pension benefits become the property of workers after a specific
number of years of service to an employer.
27.labor law: Laws which regulated how workers could be paid and treated
28.National Labor Relations Act: passed by Congress in 1935, guarantees work- ers the right of collective
bargaining; also known as the Wagner Act.
