Introduction to the principles, sources, and scope of employment law, including its importance in regulating the employer-employee relationship.
Overview of Employment Law – Study Notes
| Source | Typical Content | Example Jurisdictions |
|---|---|---|
| Statutes (Acts) | Primary rules on wages, hours, safety, discrimination, family leave, etc. | Fair Labor Standards Act (FLSA), Title VII of the Civil Rights Act, Occupational Safety and Health Act (OSHA) |
| Regulations | Detailed implementation guidelines issued by agencies. | EEOC regulations, Department of Labor (DOL) wage‑hour rules |
| Case Law (Judicial Decisions) | Interpretation of statutes & common‑law principles; establishes precedents. | Supreme Court rulings on “at‑will” employment, reasonable accommodation |
| Collective Bargaining Agreements (CBAs) | Contractual terms negotiated between unions and employers. | National Labor Relations Board (NLRB)‑certified agreements |
| Administrative Decisions | Agency rulings on specific disputes (e.g., EEOC findings). | OSHA citations, DOL wage‑hour determinations |
| Concept | Description | Legal Significance |
|---|---|---|
| At‑Will Employment | Default rule: employer or employee may terminate the relationship at any time, for any lawful reason. | Exceptions include contracts, public policy violations, implied covenant of good faith. |
| Contractual Employment | Employment governed by a written or oral contract specifying term, duties, compensation, and termination conditions. | Provides greater predictability; breach can lead to damages. |
| Employee vs. Independent Contractor | Classification determines eligibility for benefits, tax treatment, and statutory protections. | Misclassification can trigger penalties under the Fair Labor Standards Act, tax codes, and state laws. |
| Full‑Time vs. Part‑Time/Temporary | Determines eligibility for benefits, overtime, and certain statutory rights. | Many statutes set thresholds (e.g., 30 hours/week for ACA employer‑shared responsibility). |