QUIZ 1

Family and Medical Leave Act of 1993

Allows employees to take a total of 12 weeks' leave during any 12-month period for the birth of a child or serious health condition of the employee

How to distinguish independent contractors?

IRS Rules - 20 Factors and USDOL/FLSA analysis

What are the 3 factors of independent contractors?

Identifying Factors Financial Factors Relationship Factors

two factors of REFERENCE CHECKING

Permitted/Requi red Fair Credit Reporting Act

What is Reduced Schedule Leave?

Person's health doesn't allow them to work full days

three factors of Employment Testing

Pre-employment Post-employment Polygraph

Purpose of FMLA?

The FMLA was intended "to balance the demands of the workplace with the needs of families."

What is Employment-At-Will?

-The number one concept is the issue of employment at will -Employment at will is a civil code article in Louisiana meaning that the employer can legally hire or fire any individual at any time for any reason -Wrongful discharge isn't looked at as properly as it should be

Warn: Mass Layoff factors

-33% of the employees AND -At least 50 employees OR -At least 500 employees at a single site of employment -Reduction in workforce NOT the result of a plant closing that results in an employment loss during a 30 day period of

Employers are also subject to:

-Discrimination laws (many of these laws have a minimum threshold before they apply) -Minimum wage and OT

Amendments to Title VII?

-Equal Employment Opportunity Act of 1972 -Pregnancy Discrimination Act of 1978 -Compare La's. Pregnancy Discrimination Law -Civil Rights Act of 1991 -42 USC 1981

What is Wrongful Discharge?

-In LA, we rely on code and statutes -Look at sheet handout for exceptions -"Whistle blowing"

Warn: Plant Closing factors

-Permanent or temporary shutdown of a site of employment or one or more facilities or operating units at a site that results in a loss of 50 or more employees during any 30 day period. There is no 33% test.

An Employer is Responsible For:

-SS tax -Unemployment taxes -Medicare -State and federal taxes -Worker's comp

FMLA allows eligible employees to take up to __ weeks of job-protected leave within a __ month period for certain family or medical reasons. __ weeks to provide care for covered service-members with covered conditions

12;12;26;12

BJI Enterprises requires all employees to pass a standardized test before considered for promotions. Marisa Chavez, a Hispanic female, was employed in the Maintenance department as a housekeeper. She wanted to be considered for a supervisory position in that department. However, she could not make a passing score on the test. There were no minority supervisors in the Maintenance Department. The Civil Rights Act requires A. BJI to show that the test is related to the job. B. Ms.Chavez to show that the test is not related to the job. C. Ms. Chavez to prove that she is qualified for the job. D. None of the choices are correct.

A. BJI to show that the test is related to the job.

The following defenses are available to employers in discrimination claims: A. Bona Fide Occupational Qualification defense and Business Necessity defense. B. Bottom Line defense C. A and B D. None of the above are valid defenses

A. Bona Fide Occupational Qualification defense and

Ruth Holmes was employed as an accountant with the Shreveport accounting firm, Thomas & Deas. When she was hired, she signed a noncompete agreement. After 5 years, Mrs. Holmes left the business to start her own accounting firm. She contacted her former clients informing them of her new business and offering her services. A. Ms. Holmes may be in violation of the noncompete agreement. B. Ms. Holmes is not in violation of the noncompete agreement because customer lists are not protected by these types of agreements. C. The agreement is no longer valid because Ms. Holmes worked for the firm for 5 years. D. None of the choices are correct.

A. Ms. Holmes may be in violation of the noncompete agreement.

What are the Recruitment of Employees?

Advertisement Word of mouth Nepotism Promoting from Within Venue Recruiting Walk-in Applicants Neutral Solicitation Resume Collection

Fred works at Slate Heavy Equipment. He has worked there for seven months as Vice President of Federal Procurement. He has suffered with a herniated disc for years, but it has now become severe. His doctors have told him that he needs to have surgery soon or his condition will worsen. He needs 4-6 weeks off from work for surgery and rehabilitation. He asks the president for 4-8 weeks pursuant to FMLA. A. Slate is not required to grant the FMLA leave because Fred has a pre-existing condition, which he had before he was hired at Slate. B. Slate is not required to grant the FMLA leave because Fred has worked for Slate less than 12 months. C. Slate is required to grant the FMLA leave because Fred is an executive. D. Slate is not required to grant the FMLA leave because Fred's condition does not qualify as a serious illness under FMLA.

B. Slate is not required to grant the FMLA leave because Fred has worked for Slate less than 12 months.

Jay Foster was employed as an auto mechanic with Madison & Sons Auto Shop. Mr.Madison employed 30 mechanics in each of his facilities in Metairie, LA. Jay was the only African American mechanic and he had been employed by Mr.Madison for approx. 9 years. He had applied for a promotion to chief mechanic on 4 separate occasions and each time, the promotion had been given to a white male with less seniority and less experience. After being denied the promotion for the 5th time, Jay filed a claim with EEOC. Jay's employment was terminated after EEOC contracted Mr. Madison concerning the claim. A. The only claim that can be asserted against Mr. Madison is discrimination based on race. B. Mr. Madison can only be found be liable for violation of the anti-retaliation provisions of the Civil Rights Act of 1964. C. Mr. Madison may be found liable for violation of the prohibitions against discrimination and the anti-retaliation provisions in the Civil Rights Act of 1964. D. None of the choices are correct.

C. Mr. Madison may be found liable for violation of the prohibitions against discrimination and the anti-retaliation provisions in the Civil Rights Act of 1964.

Carl asks for FMLA leave to care for his aging grandfather with cancer. Is Carl entitled to be granted FMLA leave? A. Yes, his grandfather has cancer, which is a covered serious health condition. B. No, unless his grandfather is retired military, then FMLA leave is allowed. C. No, unless his grandfather stood in the place of his parents and raised him while he was growing up. D. No, unless he suffers from that loco parentis disorder.

C. No, unless his grandfather stood in the place of his parents and raised him while he was growing up.

Christian, your employee, has broken his leg. He brings in a note from a Christian Science practitioner stating he is under her treatment and that he should be excused from work for at least five days. Does his time off qualify for FMLA leave protection? A. No, the note must be a medical certification from a doctor, not a religious practitioner. B. No, the note is sufficient, but a broken leg is not covered by the FMLA. C. Yes, a note from a Christian Science practitioner is OK, and the broken leg is a serious health condition. D. No, if he could bring the note to work, he can wok when he gets there.

C. Yes, a note from a Christian Science practitioner is OK, and the broken leg is a serious health condition.

Title VII of the Civil Rights Act of 1964 applies to

Employers

T/F Because of the employment-at-will doctrine, Louisiana employers may fire employees for any reason without fear of being successfully sued by an employee alleging wrongful termination.

FALSE

T/F Colton Manufacturing shut down 3 Louisiana manufacturing facilities without prior notice to its 3000 employees. Colton has graciously offered to provide outsourcing assistance to its displaced employees and informed them of their right to continue to receive health insurance coverage through COBRA for eighteen months. Colton has no further liability to its former employees.

FALSE

T/F For purposed of calculating an employer's tax liability, independent contractors are counted as and are considered to be employees.

FALSE

T/F Title VII applies to all private employers with 15 or more employees, but does not apply to unions and employment agencies.

FALSE

T/F Under the provisions of FMLA, employees have a right to take paid leave only if they waive their right to job protection under the Act.

FALSE

Eligible employees may utilize FMLA:

For the birth and care of the newborn child of the employee and more

Title VII of the Civil Rights Act of 1964

Forbids discrimination on the basis of sex, race, color, religion, or national origin in all areas of the employment relationship

What is Intermittent Leave?

Having time off at different times according to the health conditions Ex. If something happens at a certain time of the year every year, get that time off FMLA leave taken in separate blocks of time due to a single qualifying reason

What does FMLA do?

Provide employees job-protected and unpaid leave for qualified medical and family reasons

T/F Alberta Gore heard that Our Lady of Mercy, a Catholic church, needed a new minister of music. Alberta applied for the position and was told that she was not qualified for the job because she was not of the Catholic faith. Even though the church discriminated against Alberta, the church could successfully assert the bona fide occupational qualification defense.

TRUE

T/F Bill had minor surgery and was required to stay in a hospital overnight. This condition caused him to miss one day of work. Since Bill was back to work the following day and required no more subsequent doctor's visits, Bill's leave should be documented as FMLA leave.

TRUE

T/F FMLA allows substitution of paid leave in certain circumstances

TRUE

T/F In Application and Interview, Avoid curiosity and customary questions.

TRUE

T/F Noncomplete agreements must be reasonable in geographical scope and time limitations to be enforceable.

TRUE

T/F Prior to granting an employee FMLA, an employer may require that the employee produce a medical certification to substantiate the need for the absence or leave.

TRUE

T/F When a group of employees, who are members of a class that are protected from discrimination, are negatively affected by a neutral policy imposed by an employer, they may file a discrimination claim using the disparate impact theory.

TRUE

T/F 49 states are at employment at will

TRUE Montana is the only one not

What is Block Leave?

Taking all of it at once A single period of leave taken once

FMLA Purposes:

To care for an immediate family member with a serious health condition To take medical leave when the employee is unable to work because of a serious health condition Note the Obergefell v Hod

To be Eligible for FMLA Benefits, an employee must:

Work for a covered employer Have. worked for the employer for a total of 12 months Have worked at least 1250 hours during the previous 12 months Worked at a location where at least 50 employees are employed by the employer within 75 miles 50 or more employees must work for an employer for each working day for 20 or more weeks in the current or preceding calendar year Part-time, seasonal, or temporary employees are included

FMLA leave is "______-________" not necessarily paid leave

job-protected"

add chapter 4

ya

get clarifications on slides

ya