LEARNING OBJECTIVES:
After studying this module, you should be able to:
- Explain the legal and ethical issues raised by the employment–will doctrine and the exceptions to the rule recognized by some states and courts
- Describe the purpose, basic provisions and who is covered by worker protection statutes
- Identify and explain the legal issues related to worker privacy and the testing of workers (polygraph, drug, and genetic testing)
- Explain the purpose and requirements of the Immigration Reform and Control Act (1986) and the Immigration Act of 1990
General Resources: Chapters from Open Educational Resources Textbooks
Reading: Employment Law, Chapter 18 in Government Regulation and the Legal Environment of Business by Mayer, etal. The first half of the chapter focuses on Employment Discrimination, so you’ll need to scroll through the book until you get to the sections on Employment at Will and Worker Protection Statutes.
Reading: Employment Law, Unit 7 in the textbook by the Saylor Academy. It covers employment-at-will, wage laws, OSHA, and Labor-Relations Law.
Readings & Videos: Employment Law module in Jason Gordon’s The Business Professor textbook. This opening link introduces the module, followed by more links looking at worker protection statutes.
Video: California’s Plans for the Future of Work, Workers, and a Renewed Social Contract (1:10:36, March 2021). California is often on the leading edge of employment trends. This Aspen Institute Webinar looks at California’s Future of Work Commission (formed before the pandemic) and some of its recommendations.
Employment at Will and Other Common Law Employment Issues
Reading: Legal Match on Employment Law (employees and independent contractors and why it matters, -will employment, whistleblowers, EEO issues)
Reading: “Difference between an Employment Contract and Employment -will”
Reading: The Employment–Will Doctrine: Three Major Exceptions
Reading: Good Things About -Will Employment
Video: What Does – Employment at Will Mean? (0:57)
Video: Understanding Employment at Will (2:25)
Contractual Issues: NDA, Non-Solicitation Agreements, and Non-Competes
Fair Labor Standards Act (FLSA)
Video: The Federal FLSA (1:45)
Video: FLSA (2:36)
Reading: Wage and Hour Laws This Findlaw-maintained website has links to current information on a variety of wage and hour topics, e.g., minimum wage and overtime (with a separate link for minors and teens), meal and rest break laws, tipped workers under the FLSA, working “off the clock” and how to report suspected wage and hour violations.
A $15 Minimum Wage?
Reading: Why the US Needs a $15 Minimum Wage (Jan 2021). This fact sheet prepared by the National Employment Law Project (NELP) is packed with data in an easy-to-read format that focuses on the benefits of increasing the minimum wage, which groups would benefit most, etc.
Reading: Minimum Wage, with its Purpose, Pros, Cons, and History. (Jan 2021). As its title indicates, this brief article explores the purpose and history of the federal minimum wage before exploring the advantages and disadvantages of current efforts to raise the minimum wage to $15.
Podcast: The Fight For (and Against) a $15 Minimum Wage. (25:00) Produced by the New York Times in March 2021, this podcast “look[s] at the history of that demand, and the shifting political and economic arguments for and against it. ”
Reading: What are the Pros and Cons of Raising the Minimum Wage? (Nov 2020) J. B. Maverick, writing for Investopedia, provides some historical perspective by examining the Raise the Minimum Wage Act of 2019 that passed the U.S. House, but died in the Senate.
Website: Crisis of Low Wages in the US. This website created by Oxfam, a global organization fighting inequality, poverty, and injustice. provides demographic data on which groups are most affected by low wages, as well as fact sheets, a report, and an interactive map with information about wages by state.
Podcast: The Economic Case for a $15 minimum wage (26:43) This February 2021 broadcast by Michael Reich, a Professor of Economics and Chair of the Center on Wage and Employment Dynamics at UC Berkeley, looks at the economic impacts of minimum wage increases. You’ll also find links to recent articles by Reich, e.g., how minimum wage increases reduce racial wage gaps — with another link to the full study. This one, also released in February 2021, is 56 pages and examines “how the racial patchwork of federal and state minimum wage changes
between 1990 and 2019 has affected racial wage gaps.”
Podcast: Should We Raise the Minimum Wage? (9:00). This January 2021 Planet Money podcast also includes the transcript of the two hosts discussing whether the minimum wage should be increased.
Occupational Safety and Health Administration (OSHA)
Video: Why OSHA was Created (1:15)
Video: Introduction to OSHA (16:09)
Reading: Retaliating Against Whistleblower Employees Can Be Costly (July 2016)
Consolidated Omnibus Budget Reconciliation Act (COBRA)
Video: What is COBRA? (2:00)
Video: What is COBRA Insurance? (4:18)
Reading: COBRA Fact Sheet (brief summary of the act)
Family and Medical Leave Act (FMLA)
Video: What is the FMLA? (1:41)
Video: Understanding FMLA: What you need to know (5:17)
Reading: 82% of Americans want paid maternity leave – making it as popular as chocolate (published in The Conversation on April 29, 2021).
FMLA Poster (summarizes law; last updated April 2023)
Workers’ Compensation
Reading: FindLaw Explains Workers’ Comp Benefits
Video: What is Workers’ Compensation? (2:48)
Video: How Workers Compensation Works (4:19)
Unemployment Compensation
Reading: An Overview of Unemployment Compensation Law
Video: What is Unemployment Insurance and How can it Help You? (3:30)
Immigration Reform and Control Act of 1986
Video: The 1986 IRCA and Current Reform Efforts (3:10)
Website: IRCA
Reading: Legal Pitfalls of Hiring Undocumented Immigrants (NOLO)
Other Federal Statutes
Reading: HIPPA (Health Insurance Portability and Accountability Act) Fact Sheet
(2 page summary of basic provisions of the act)
Reading: WARN (Worker Adjustment and Retraining Notification) Factsheet
(brief overview of basic provisions and coverage)
Drug and Alcohol Testing of Employees
Reading: Drug and Alcohol Testing of Employees
Reading: Best Practices for Workplace Drug and Alcohol Testing
Reading: DOL’s “Drug-Free Workplace Adviser”
(explains why, when and how employers test employees for drug use)
WANT TO LEARN MORE?
Enrich your knowledge by digging into some of these topics more deeply
Hiring Employees
Interactive Website: BusinessUSA, “Help with Hiring Employees” wizard
Video: Legal Issues in Hiring Employees (3:09)
Video: Hiring and Firing Employees (5:49)
FLSA
Reading: Adjusted for inflation, the federal minimum wage is worth less than 50 years ago (CNBC Report with graphs and videos, July 2016)
Website: FLSA Wage and Hour Division Website
Reading: Your Rights Under Wage and Hour Laws (NOLO, with links for federal and state laws, explanations, recent cases, and an FAQ on worker rights )
Video: FLSA From an Employer’s Perspective (4:16)
Video: Ensuring Fair Pay from the Front Line to the Executive Suite (1:03:47). This Webinar hosted by the Aspen Institute considers what “fair pay” might look like in 2021 (particularly in light of the pandemic), the role that pay equity audits and hazard pay might play, and the role that profit sharing might play in employee compensation.
OSHA
Website: OSHA
Reading: Impact of the New Rule on Post-Accident Drug Testing of Employees
Video: The Story of OSHA (28:04)
Video: Protecting Workers: How OSHA Conducts Inspections (18:15)
Video (for entertainment): Safety. Your word, your life (3:09)
(song on workplace safety sung by Boon Hui Lu and posted by the Workplace Safety and Health Council in 2016))
FMLA
Website: FMLA
Video: Intermittent FMLA Leave Guidelines (3:17)
Video: Your Rights Under FMLA (5:10)
Workers’ Compensation
Video: Workers Compensation History (10:00)
Video: Atlanta Workers’ Compensation: 5 secrets the workers’ comp adjuster doesn’t want you to know (6:01)
Video: Caught on Price is Right: Workers Compensation Fraud (2:34)
COBRA, HIPPA, ERISA and WARN
Website: COBRA
Website: HIPPA
Website: ERISA
Website: WARN
Drug and Alcohol Testing of Workers
Reading: Colorado Supreme Court: Employers can fire for off-duty pot use (June 2015) (WSJ) and (Denver Post)
Reading: How Marijuana Legalization (in California) Could Affect Employers’ Drug-Testing Policies
Reading: Medical Marijuana and Employment Law in New Mexico
Polygraph Testing of Employees
Reading: Employee Polygraph Protection Act of 1988
(summarizes law with link to “fact sheet” of basic provisions)
Workplace Privacy and Social Media
Video: What Privacy Rights do Employees Have in the Workplace? (1:04)
Video: Privacy in the Workplace (2:56)
Reading: Social media and employment law—are courts catching up?
(May 2015)
Reading and Video: Could You Be Fired for a Social Media Post?
Video: Social Media and Employee Privacy (3:31)
Video: Facebook and Privacy in the Workplace (7:15)
Reading: Top Ten Considerations When Using Social Media in the Hiring Process
(May 2014)
Video: Privacy in the Workplace: Social Media and the Hiring Process (4:27)
Reading: Do Labor Laws Protect Employee Posts on Social Media?