Tuesday, November 29, 2016

Specifically, this discussion question calls for an analysis of the legal concepts of minimum wage, the employment-at-will doctrines, and the law as it relates to those issues in other states. Are you persuaded that the United States has the superior legal system regarding the aforementioned concepts? If so, why? If not, why? If you prefer another system, why? What would be the logical consequence of adopting such a policy in the United States? Prior to answering these questions, please review the following short articles to inform your opinion. Feel free to cite from the articles to support your position. https://www.tlnt.com/employment-at-will-it-doesnt-apply-to-workers-outside-the-u-s/

First, we will discuss the employment-at-will and minimum wage laws in the US.
As of 2017, the Fair Labor Standards Act (FLSA) states that the federal minimum wage must be at least $7.25/hr for most workers. Two interesting exceptions pertain to restaurant industry and youth workers. For example, employers of tipped employees need only set direct wages at $2.13/hr. However, direct wages and earned tips must be equal to the federally-mandated minimum wage. If they do not, employers must make up the difference.
As for youth workers under the age of 20, the FLSA mandates that they should be paid $4.25/hr for the first 90 consecutive days of employment. After the 90-day period or when the employee turns 20 (whichever comes first), the employer must pay the federally-mandated minimum wage of $7.25/hr. Minimum wage laws also differ between states in the US. As of 2017, 19 states have higher minimum wages. When there is a discrepancy between state and federal law, the employee is entitled to be paid whichever of the per-hour rate is higher.
There are also rules pertaining to how employers should address rest periods, mealtimes, and job-related travel. In the US, there are laws that explicitly state what compensable hours are. 
Now, we'll discuss the employment-at-will laws in the US. As the article mentions, the US is likely the only country that is governed by an employment-at-will law. However, "at-will" is defined specifically: employers can fire or dismiss employees for any reason or no reason at all, provided that the reason is not an illegal one. Furthermore, the at-will rule can be modified by contract. Here's something that may surprise you: there are exceptions to at-will presumption. Please refer to the link I have provided above for more details. To summarize:
1) Public Policy Exception
Employers cannot fire or dismiss employees for any of the 4 reasons: engaging in duties that are in the public interest, refusing to violate the law, reporting a violation of the law, and exercising a statutory right.
2) Implied Contract Exception
Even when there is no fixed contract, an employee can have an expectation of indefinite employment, especially if the employer is known to only dismiss employees for just cause or if the employer has specific termination policies in place.
3) Implied Covenant of Good Faith and Fair Dealing
Some states recognize this covenant. This means that an employer cannot fire an employee out of malice or in bad faith. A bad faith termination can be something as simple as an employer firing an older employee to avoid paying retirement benefits.
4) Additional Tort-Based Claims Limiting At-Will Employment
Here, an employee can bring claims against an employer for two torts: intentional inteference with a contract or intentional infliction of emotional distress. The latter must require iron-clad proof to actually be prosecuted successfully in a court of law.
5) Promissory Estoppel
An employer can be denied the right to fire an employee, particularly if there is a clear promise of employment or if the employee is injured as a result of being dismissed. This last exception is extremely difficult to prove in a court of law.
Now, for the laws in other countries. As of 2017, 22 of 28 EU countries have a statutory minimum wage. The 6 countries that do not currently have a minimum wage are Finland, Denmark, Italy, Sweden, Cyprus, and Austria. In the link I provided, you'll find information about the differing minimum wage levels in the 22 EU countries.
As your article states, there are heavy penalties in Europe for firing employees without just cause. Additionally, even if an European employer fires an employee for just cause, he/she still has to provide severance pay to the employee. There are very few reasons where the employer won't have to make severance payments. Additionally, European employers are required to provide their employees with written employment contracts.
Here is another link that provides more information about how countries in Europe handle employment contracts or minimum wage requirements. 
After comparing the information, you may be able to decide whether the US has a superior or inferior legal system pertaining to these matters.
https://hrdailyadvisor.blr.com/2013/04/07/european-employment-law-101-employment-at-will-is-truly-a-foreign-concept/

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