About this Video

• Video Title: APRIL 9, 2024 LECTURE VIDEO
• Channel: Prof. Tebeau
• Speakers: Prof. Tebeau, Mike, Khil, Patrick, Ken, Zuri, Siri, John, Travis, Annabeth, Mr. Cain, Gerald Bostock
• Duration: 01:00:25

Introduction

This lecture video covers employment law, focusing on employment at will, wage and hour laws, leave, health and safety, income security, and employment discrimination. The professor uses examples and class participation to illustrate key concepts.

Key Takeaways

• Employment at Will: Most employment is "at will," meaning the employer can fire an employee for any non-illegal reason. Employment contracts supersede this, defining the terms of employment.
• Wage and Hour Laws (FLSA): The Fair Labor Standards Act (FLSA) sets minimum wage, regulates child labor, and mandates overtime pay (time and a half) for hours exceeding 40 per week. Certain salaried employees (management, independent judgment) are exempt from overtime.
• Family and Medical Leave Act (FMLA): Employees can take up to 12 weeks of unpaid leave for specified family or medical reasons (new child, serious illness, etc.). Employers with 50 or more employees are required to provide this leave. The employee is guaranteed a similar (not necessarily identical) position upon return.
• Occupational Safety and Health Act (OSHA): OSHA sets workplace safety standards and regulations, including record-keeping requirements. Employers must report serious incidents and employees can file complaints.
• Workers' Compensation: If an employee is injured on the job, they can receive benefits through a state workers' compensation program, but they waive the right to sue the employer.
• Employment Discrimination: Federal and state laws prohibit employment discrimination based on race, color, national origin, religion, sex, sexual orientation, age, and disability. The EEOC (Equal Employment Opportunity Commission) handles complaints. A "right to sue" letter is issued regardless of EEOC findings.

Here are a few more key takeaways from the lecture, expanding on the previous list:

• Unemployment Benefits: Unemployment benefits are paid by the state to employees who lose their jobs through no fault of their own. Employers pay unemployment taxes, and their rates can increase if many employees file for unemployment.

• COBRA: The Consolidated Omnibus Budget Reconciliation Act (COBRA) allows employees to continue their health insurance coverage after job loss, but they must pay the premiums themselves. This is particularly useful if they have pre-existing conditions.

• Age Discrimination: The Age Discrimination in Employment Act (ADEA) protects individuals 40 years of age and older from age discrimination.

• Burden of Proof in Discrimination Cases: In employment discrimination cases, the burden of proof shifts between the plaintiff (employee) and defendant (employer). The plaintiff must first establish a prima facie case of discrimination; then the defendant must provide a legitimate, non-discriminatory reason; finally, the plaintiff must show this reason was a pretext for discrimination.

• Protected Classes: The lecture extensively defines "protected classes" under employment discrimination laws, clarifying that it includes not only those explicitly listed (race, religion, gender, etc.) but also those perceived as belonging to a protected class.

• OSHA Inspections: The frequency of OSHA inspections varies, and they can be random or triggered by employee complaints or serious incidents. Compliance involves both safety measures and meticulous record-keeping.