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Regulation of Employment

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Source: www.irs.gov Common-Law Agency Test IRS 20-factor analysis Economic Realities Test #3 Is ... How do we know if an employee or independent contractor? – PowerPoint PPT presentation

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Title: Regulation of Employment


1
Regulation of Employment
  • Chapter 1

2
Employment Law
  • Laws regulating the employment relationship
  • Evolutionary in nature
  • Importance of understanding employment law

3
Based on Agency Law
  • Agency relationship exists when someone (agent)
    acts on behalf of another (principal).
  • Employee is a representative of the employer and
    acts in its place.
  • Each has a responsibility to one another

4
Lets assume you are a True Employee first
Life is good, right?
5
Employment at Will
  • At-will-employment
  • An employment relationship where there is no
    contractual obligation to remain in the
    relationship, either party may terminate the
    relationship at any time, for any reason as long
    as the reason is not prohibited by law or other
    exception to at will
  • DIFFERS between states
  • Wisconsin Violation of law, violations of
    public policy, constructive discharge, implied
    contract

6
Exceptions to Employment at Will
  • Violations of Laws
  • Constitutes wrongful discharge
  • Violation of Public Policy
  • Constructive Discharge
  • Violation of Implied Contract
  • WISCONSIN DOES NOT EMBRACE THE GOOD FAITH AND
    FAIR DEALINGS exception to at will

7
Connection of the Law to Employee Handbooks
  • Current best practice advice instructs business
    to ensure there is a clause in the employee
    handbook clarifying the at will status of
    employment.
  • Take a look at the employee handbooks you have
    with you.

8
Evaluating the Opening Scenarios in light of
Wisconsins exceptions to the Employment-at-will
doctrine (page 42)
  • 1 Does Mark have a basis for unlawful
    termination? Explain
  • 2 Does Jenna have a basis for unlawful
    termination? Explain

9
Employee Status Not as Black and White as
you may think
10
Who is an Independent Contractor?
  • A general rule is that you, the payer, have the
    right to control or direct only the result of the
    work done by an independent contractor, and not
    the means and methods of accomplishing the
    result.
  • Source www.irs.gov

11
WHY do we care if an employee or independent
contractor?
12
How do we know if an employee or independent
contractor?
  • Common-Law Agency Test
  • IRS 20-factor analysis
  • Economic Realities Test

13
Check out the Opening Scenario (Page 3)
  • 3 Is Ariana an employee or an independent
    contractor? Explain

14
FEDERAL COURT SYSTEM
15
(No Transcript)
16
Employment Contracts Covenants not to compete
  • Page 28-30
  • Reasonable
  • Time
  • Distance
  • Scope
  • Realities of the industry
  • Nature of the occupation
  • Confidential customer lists difficult

17
WIS. STAT. 103.465
  • WIS. STAT. 103.465, which provides
  • A covenant by an assistant, servant or agent not
    to
  • compete with his or her employer or principal
    during the
  • term of the employment or agency, or after the
    termination
  • of that employment or agency, within a specified
    territory
  • and during a specified time is lawful and
    enforceable only
  • if the restrictions imposed are reasonably
    necessary for the
  • protection of the employer or principal. Any
    covenant
  • imposing an unreasonable restraint is illegal,
    void and
  • unenforceable even as to any part of the covenant
    or
  • performance that would be a reasonable restraint.

18
Reasonable?
  • An orthopedic surgeon signs an employment
    contract with ABC Clinic which states that,
    should he sever ties with ABC, he will not be
    allowed to practice within the county (NOT
    COUNTRY but COUNTY) for a period of 18 months.
  • A Yes
  • B - No

19
Opening Scenario Discussion (Page 3)
  • 1 How does Nan defend herself? How does the
    company defend? Is the non-compete reasonable?
    Explain

20
Vocabulary Check Point BINGO!
21
  • Who is the plaintiff? Defendant?
  • What court wrote this opinion?
  • If this were a court of appeals case what terms
    would replace Plaintiff and Defendant
  • Terminology that needs clarification?
  • Facts?
  • Arguments of both sides?
  • Who won and why?
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