Question

BUSINESS LAW

Laws touching employment

1. What is the employment at will doctrine? Does it exist in California?    Name 4 exceptions to the at will doctrine.    Tell me what might create an implied contract, and what some public policies are that might prevent the at will doctrine.

2. Tell me the factors that determine whether you are an employee or independent contractor.  

3. Tell me 5 things required by the FLSA

Answer 1

Answer 1- Employment at will doctrine means an employment agreement stating that employment is for an unspecified period of time and may be terminated either by employer or employee. If an employment is at-will then such an agreement would be expressly included in the relevant employment contract.

Yes, employment at will doctrine exist in California. California's labor code contains a presumption that employees are employed at will, it means that the employer or employee can terminate with or without prior notice.

Four exceptions to the at-will doctrine are as follows-
1) Public sector employees who are protected by civil service laws or by a "memorandum of understanding" between their union and the agency that addresses discipline and termination.
2) Employees represented by unions and covered by a collective negotiation agreement that contains a "just cause" standard for termination.
3) Employees whose employers have done things that overcome the presumption of employment at will.
4) Employees who have written employment contracts demanding a good reason for termination.

An Implied contract takes place through a written presumption of employment or through a verbal agreement of hiring from an employer. These matters generally cement through a vocal contract that turns into a written contract of employment or through an employee handbook. Some employees sign employment contracts at the time of beginning training period or with policies and written assurances that the employer will provide at some point in the first few weeks of month.

Public policies preventing at will doctrine -
Under the public policy exception, an employer can not fire an employee if the termination would violate the state's public policy doctrine or a federal statute or a state. This consist of countering against an employee for performing an action that acts in accordance with public policy (such as frequently warning that the employer is shipping defective motorcycle parts in violation of safety regulations publicized pursuant to the federal aviation act of 1958), as well as denying to perform an action that would violate public policy.

Answer 2- Factors that determine whether you are an employee or independent contractor.
1) Source of income- An employee recieves salary whereas contracter earns proceeds from each project.
2) A employee works for an employee whereas a contractor works for multiple clients.
3) Time and place of work of employee is decided by employer but a contracter decides his own.
4) Payment for expenses are borne by employer for an employee but contract pays from his pocket.
5) An independent contracter is a self employed person whereas employee is a person hired by an employer.

Answer 3- Five things required by FLSA are as follows-
1) Payment of minimum wage
2) Overtime pay for time worked over 40 hours in a workweek
3) Hours worked by an employee
4) Proper record keeping
5) Employment of children is restricted

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