ACCT 324 Chapter 42

To recover workers' comp benefits must demonstrate that:

-he/she is an employee -both employer and employee are covered by state workers' comp program -the injury occurred on the job

under erisa, employers must provide participants with:

1.plan info (features and funding) 2.assurances that those in charge of managing plan assets have fiduciary responsibility 3.a grievance and appeals process for participants to get benefits for their plans 4.the right to sue for benefits and breaches of fiduciary duty

under what conditions do cobra benefits not arise

1.the employee is fired for gross misconduct 2.the employer decides to eliminate benefits for all current employees *employers who fail to comply may be required to pay up to 10% of the annual cost of the group plan or $500,000-whichever is less

an implied contract can arise if:

1.the employment handbook contains the steps for progressive discipline leading to discharge 2.the handbook makes no mention of the words employment at will 3.the employee relies on the handbook

collective bargaining

consists of negotiations between an employer and a group of employees so as to determine the conditions of employment

public policy exceptions

prohibits employers from firing employees engaged in activities that further the public interest. protected activities may vary among states and include, but are not limited to, serving on jury duty, doing military service, filing for or testifying at hearings for workers' compensation claims, and whistle-blowing

federal unemployment tax act (futa) 1935

created a state system to provide unemployment compensation to qualified employees who lose their jobs. employers pay taxes to the states, which deposit the money into the fed gov't's unemployment insurance fund. each state has an acct from which it can access money in accordance with state eligibility rules

national labor relations act (nlra)

Wagner and Taft-Hartley jointly referred to as this

employment relationship

a contractual relationship between the employer and the employee: the employer agrees to pay the employee a certain amount of money in exchange for the employee's agreement to render specific services

employee retirement income security act (erisa)

a fed law that sets the min. standards for most voluntarily established pension and health plans in private industry to provide protection for individuals in these plans

boycott

a refusal to deal with, purchase goods from, or work for a business

strike

a temporary, concerted withdrawal of labor- most powerful weapon employees use to secure recognition and improve their working conditions

Wagner act 1935

adopted explicitly to encourage the formation of labor unions and provide for collective bargaining between employers and unions

Taft-hartley act 1947

amended the Wagner act and was designed to curtail some of the powers the unions had acquired under the Wagner act

implied covenant of good faith and fair dealing exception

assumes that every employment contract contains an implicit understanding that the parties will deal fairly w/ one another. because there is no clear agreement on what constitutes fair treatment of an employee, most states do not use this exception

fair labor standards act (flsa)

covers all employers engaged in interstate commerce or the production of goods for interstate commerce- requires that a minimum wage of a specific amount be paid to all employees in covered industries (specific amt periodically raised by congress to compensate for increases in the cost of living caused by inflation) - mandates that employees who work 40+ hrs/wk are paid 1.5x wage -US does not mandate min. annual vaca time four categories of employees excluded: -executives -admin -professional -outside salespersons

family and medical leave act (fmla) 1993

covers all public & private employers w/ 50+ employees- guarantees all eligible employees (those who have worked 25 hr weeks for 12 months prior to leave) up to 12 weeks of unpaid leave during any 12-month period for: -the birth of a child -the adoption of a child -the placement of a foster child in the employee's care -the care of a seriously ill spouse, parent, or child -a serious health condition that renders the employee unable to perform any of the essential functions of his/her job (if need is foreseeable, notice must be given 30 days prior to when leave needs to begin)

workers' comp laws

ensure that covered workers injured on the job can receive financial compensation through an administrative procedure, rather than having to sue their employer

consolidated omnibus budget reconciliation act (cobra)

ensures that employees who lose their jobs or have their hours reduced to a level at which they are no longer eligible to receive medical, dental, or optical benefits can continue receiving benefits for themselves and their dependents under the employer's policy

landrum-griffin act 1959

governs the internal operations of labor unions and contains 'labor's bill of rights" to protect employees from their own unions

secondary boycotts

illegal- occur when employees have a labor dispute with their employer and boycott another company to force it to cease doing business with the employer

national labor relations board (nlrb)

interprets and enforces nlra 3 primary functions: 1.monitor the conduct of the employer and the union during an election to determine whether workers want to be represented by a union 2.prevent and remedy unfair labor practices by employers or unions 3.establish rules interpreting the act

primary boycotts

legal

picketing

may occur as part of a strike or independently- if off-duty employees picket w.o a strike, they can continue to work and get paid while still getting message across

informational picketing

picketing designed to truthfully inform the public of a labor dispute between an employer and the employees- protected by law

signal picketing

prevents deliveries or services to the employer- unprotected behavior

electronic communications privacy act (ecpa) 1986

protects individuals' communications against gov't surveillance conducted w/o a court order, from third parties w/o legitimate authorization to access the messages, and from carriers such as internet service providers- provides employees w/ little privacy protection w/ respect to communications conducted on the employer's equipment

employment-at-will doctrine

provides that a contract of employment for an interdeterminate period of time may be terminated at will by either party, at any time, for any reason

implied-contract exception

provides that an implied employment contract may arise from statements the employer makes in an employment handbook, length of service, statements by the employer indicating long-term employment, or materials advertising the position

occupational safety and health act (osha)

requires that every employer "furnish to each of his employees...employment...free from recognized hazards that are likely to cause death or serious physical harm"- osha promulgates workplace safety standards, inspects facilities for compliance, and brings enforcement actions against violators- employers w/ 11+ employees must keep records of work-related injuries and illness except in low-hazard industries (retail, service, finance, insurance, real estate, etc.)