This Handbook provides an overview of federal laws addressing employer-employee rights and obligations. Information discussed includes wages & hours, discrimination, termination of employment, pension plans and retirement benefits, workplace safety, workers' compensation, unions, the Family and Medical Leave Act, and much more in 25 pages of materials.
Employment Law Handbook With Exercises 3rd Edition In Travis
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Travis
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US-002HB
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FAQ
The three major common law exceptions are public policy, implied contract, and implied covenant of good faith. The at-will presumption is strong, however, and it can be difficult for an employee to prove that his circumstances fall within one of the exceptions.
Covenant of good faith and fair dealing That promise is that the employer will not engage in adverse employment action arbitrarily, maliciously, or in bad faith. In California, the law implies a covenant of good faith and fair dealing in every contract.
Because of the harsh effects of the employment-at-will doctrine for employees, courts have carved out various exceptions to it. These exceptions are based on contract theory, tort theory, and public policy.
Recognizing its unequal consequence to employees over employers, the common law has developed three exceptions to the at-will doctrine that protect employees: (1) public policy, (2) implied contract, and (3) implied covenant of good faith.
Some states, like California and New York, recognize an implied covenant of good faith and fair dealing in employment relationships, which prevents employers from terminating employees in bad faith or with malice. Often called the good faith exception, it's found in common law rather than a specific statute.
Colorado has many laws that provide greater protections to employees than federal law, including broader antidiscrimination protections, pregnancy accommodation rights, a higher minimum wage and health care continuation coverage obligations for smaller employers, but generally follows federal law with respect to topics ...
Generally, working 32 hours or more weekly may classify an employee as full-time, aligning with the IRS and the Affordable Care Act's criteria, which consider 30 hours a week or 130 hours a month as full-time. For the most accurate definition, consulting directly with the employer in question is advised.
New York is an 'at-will' employment State. Without a contract restricting termination, generally an employer has the right to discharge an employee at any time for any, or no, reason, providing it is not an act of illegal retaliation or discrimination (see below).
There are many major labor laws in the United States. The Fair Labor Standards Act, Occupational Safety and Health Act, Family and Medical Leave Act, and part of the Civil Rights act are all important standards of labor law.