BLW 302 (Ch.34)

Affordable Care Act (Obamacare)

The act requires most employers with 50 or ore full-time employees to offer health-insurance benefits. Under the act, any business offering health benefits to its employees may be eligible for tax credits of up to 35% to offset the costs.

OSHA Notices, Records, and Reports

The act requires that employers post certain notices in the workplace, maintain specific records, and submit reports.

Common Law Exceptions to the Employment-at-Will Doctrine Exceptions Based on Tort Theory

- Discharge of an employee may give rise to an action for wrongful discharge under tort theories. - Abusive discharge procedure may result in a lawsuit for intentional infliction of emotional distress or defamation.

Bailey v. TitleMax of Georgia, Inc.

- Is an employer who knows or has reason to know that its employee under-reported his or her hours liable under FLSA for the unpaid overtime? - Yes, for 2 reasons: 1. the employee worked overtime and wasn't paid 2.employer knew or should have known of this

Layoffs Worker Adjustment and Retraining Notification (WARN) Act requires employers to:

- Provide 60 notice before implementing a mass layoff or closing a plant that employs more than 50 full-time workers.

Waddell v. Boyce Thompson Institute for Plant Research, Inc.

- Waddell fired by boss - Waddell sued under whistle-blower - Boyce Thompson won because Waddelll could not prove he detrimentally relied on whistle-blower policy

An employer that violates the FMLA can be required to provide remedies including:

- damages to compensate the employee for lost wages and benefits, denied compensation, and actual monetary loss - job reinstatement - promotion (if one has been denied)

Certain employees are exempt from the FLSA's overtime provisions including:

- executive - administrative - professional employees - outside salespersons - those who create computer code

Certain employers are exempt from using lie-detector tests including:

- government employers at all levels - certain security service firms - companies that manufacture and distribute controlled substances

In the 1930s, Congress enacted several laws to regulate the wages and working hours of employees including:

1. Davis-Bacon Act 2. Walsh-Healey Act 3. Fair Labor Standards Act (FLSA)

The WARN Act applies to employers with_______ full-time employees.

100

Employers with _____ or more employees are required to keep occupational injury and illness records for each employee.

11

The FLSA overtime provisions apply only after an employee has worked more than _____ hours per week.

40

FMLA requires employers with over _____ employees to provide up to _____ weeks of unpaid leave to employees who need to care for a spouse, child, or parent suffering with a serious medical condition.

50 employees; 12 weeks

Most states also have minimum wages, with more than _______ setting theirs _______ the federal minimum wage.

50% ; above

Medicare

A federal government health insurance program administered by the Social Security Administration for people sixty-five years of age and older and for some under age sixty-five who are disabled.

"50/30" Rule

An employer who fails to provide health benefits as required under the statute can be fined up to $2,000 for each employee after the first thirty people.

Walsh-Healey Act

Applies to U.S. government contracts and requires that a minimum wage - and overtime pay at 1.5 times regular pay rates - be paid to employees of manufacturers or suppliers entering into contracts with agencies of the federal government

Ballard v. Chicago Park District

Ballard worked for Chicago park. Served as her mothers primary caregiver. Took trip to Vegas bc mother was about to die. Park district didn't give her unpaid time of under FMLA. then fired her for "unauthorized absences". Court sided with Ballard

True or False Under OSHA, an employer cannot discharge an employee who files a complaint or who (in good faith) refuses to work in a high-risk are if bodily harm or death might result.

True

Employee Privacy Protection

Employees of private employers have some privacy protection under tort law and state constitutions.

State Workers' Compensation Laws

Establish administrative procedures for compensating workers injured on the job

Fair Labor Standards Act (FLSA)

Extended wage hour requirements to cover all employers engaged in interstate commerce or in producing goods for interstate commerce

Minimum Wages

FLSA provides that a minimum wage of $7.25 per hour must be paid to covered nonexempt employees.

Common Law Exceptions to the Employment-at-Will Doctrine Exceptions Based on Public Policy

Generally, courts require that the public policy involved be expressed clearly in the statutory law governing the jurisdiction. (This exception may apply to an employee discharged for whistle-blowing.)

employment at will

Either party may terminate at any time for any reason, unless contract provides to the contrary.

Whenever a work-related injury or disease occurs, employers must make reports directly to _____.

OSHA

OSHA Inspections

OSHA compliance officers may enter and inspect facilities of any establishment covered by OSHA

The employer is required to pay only _______ an hour in direct wages if that amount, plus the tips received, equals at least the federal minimum wage.

$2.13

An employer that violates the WARN Act can be fined up to $_____ for each _____ of the violation.

$500 ; day

Davis-Bacon Act

Requires contractors and subcontractors working on federal government construction projects to pay "prevailing wages" to their employees

Common Law Exceptions to the Employment-at-Will Doctrine Exceptions Based on Contract Theory

Some courts hold that an implied employment contract exists between employer and employee. - Employee Manual - Should include limiting language

Private Retirement Plans

The Employee Retirement Income Security Act (ERISA) empowers a branch of the US Department of Labor to enforce its provisions governing employers that have private pension funds for their employees.

Child Labor

The FLSA prohibits oppressive child labor. Children under 14 can do only certain types of work. Children aged 14 and 15 are allowed to work, but not in hazardous occupations. There are also restrictions on how many hours per day and per week that these age groups can work. Working times and hours are not restricted for persons between the ages of sixteen and eighteen, but they cannot be employed in hazardous jobs.

Unemployment Insurance

The Federal Unemployment Tax Act (FUTA) created a state-administered system that provides unemployment compensation to eligible individuals who have lost their jobs.

Unfair Labor Practices

The NRLA specifically defined a number of employer practices as unfair to labor Discrimination against employees for filing charges under the act or giving testimony under the act Refusal to bargain collectively with the duly designated representative of the employees

Social Security

The Social Security Act (or OASDI) provides for old-age (retirement), survivors', and disability insurance.

Overtime Provisions and Exemptions

Under the FLSA, any employee who works more than 4o hours per week must be paid no less than 1.5 times the regular pay for all hours worked over forty.

Tax Contributions

Under the Federal Insurance Contributions Act (FICA) both employers and employees contribute to Social Security and Medicare, although the contributions are determined differently.

Good Faith Bargaining

Under the NRLA, employers and unions have a duty to bargain in good faith. Bargaining over certain subjects is mandatory and a party's refusal to bargain over these subjects is an unfair labor practice.

Labor-Management Relations Act (LMRA or Taft-Hartley Act) or 1947

Was passed to prohibit certain unfair union practices such as the closed shop (a firm that requires union membership as a condition of employment) The act also allowed individual states to pass right-to-work laws that make it illegal for union membership to be required for continued employment in any establishment.

Tipped Workers

When an employee receives tips while on the job, the FSLA gives employers a tip credit toward the minim wage amount.

Wrongful Discharge

When an employer discharges an employee in violation of an employment contract or a statutory law protecting employees, the employee may bring an action for wrongful discharge. (even if employer's actions do not violate any express employment contract or statute, liability may still attach based on tort theory or agency)

WARN Act gives workers:

advance notice so that they can look for new jobs while still employed.

The Family and Medical Leave Act (FMLA)

allows employees to take time off work for family or medical reasons or in certain situations that arise from military service

The Consolidated Omnibus Budget Reconciliation Act (COBRA)

enables employees to continue their health-care coverage for a limited time after they are no longer eligible for group health-insurance plans

National Labor Relations Act (NLRA)

established the rights of employees to engage in collective bargaining and to strike

If the NLRB certifies the union, the union becomes the _______ _______ _______ of the workers.

exclusive bargaining representatives

When the state minimum wage is greater than the federal minimum wage, the employee is entitled to the _______ wage.

higher

If the employee is fired outside the terms of the _______ contract, s/he may succeed in an action for breach of contract even though no written contract exists.

implied

Immigration Reform and Control Act (IRCA)

makes it illegal to hire, recruit, or refer for a fee someone not authorized to work in the United States

Employer-Sponsored Group Health Plans: The Health Insurance Portability and Accountability Act (HIPAA)

restricts the manner in which employers collect, use, and disclose the health information of employees and their families

WARN Act alerts _______ _______ so that they can provide training and other resources for displaced workers.

sate agencies

If employers pay at least the federal minimum wage, the FLSA allows them to:

take employee tips and make other arrangements for their distribution.

If an employee's tips and direct wages do not equal the federal minimum wage:

the employer must make up the difference.

The Occupational Safety and Health Act (OSHA)

the fundamental federal law aimed toward safety in the workplace

Employers can voluntarily pay overtime to ineligible employees but cannot:

waive or reduce the overtime requirements of the FLSA.