Key Terms
Employment at will
Either party (employer or employee) may end the employment relationship at any time, for any reason, with or without not
Basis
Employment is treated as an implied contractual relationship. Either party can exit when they choose.
Protected class characteristics
Race, color, religion, gender, national origin, age, disability.
Adverse actions include
Failure to hire, failure to promote, demotion, termination.
Examples
Refusing to falsify reports, refusing to testify falsely in court, filing a workers' compensation claim, serving on a ju
Whistleblower
An employee who reports an employer's illegal behavior to a government or law enforcement agency.
Passed
1935 Purpose: Grant workers three core rights: 1. Right to organize 2.
PREEMPTION NOTE
Federal wage laws do NOT preempt state and local laws. Employers must comply with whichever standard is higher.
EMPLOYEE ELIGIBILITY
Must have worked for the employer for at least 1 year before taking leave.
ENTITLEMENT
Up to 12 weeks of UNPAID leave per year for:
QUALIFYING FAMILY MEMBERS
Spouse, child, parent. NOT qualifying: siblings, grandchildren, in-laws.
RETURN RIGHTS
Employee must be allowed to return to the same or equivalent job with the same pay and benefits.
SERIOUS HEALTH CONDITION
Generally requires continued treatment by a health provider AND at least 3 days of incapacitation. Heavily litigated.
EMPLOYER DUTY
Provide a workplace free from recognized hazards likely to cause death or serious physical harm.
ENFORCEMENT POWERS
OSHA may inspect workplaces and impose fines. Criminal penalties apply for willful violations.