Employment Law

5 Major Exceptions to Employment at will

1) Contract 2) Good Cause 3) Discrimination amongst a Protected Class 4) Violation of Public Policy 5) Whistleblowing

The employment law created in response to fraudulent handling of pension plans that derived employees of savings at the time of their retirement is

ERISA

Employment at will

Employees are allowed to quit at any time for any reason. Vice versa with employers and termination

Employee handbooks are legally enforceable guidelines

False

Freddie is fired from a local restaurant after he reports the restaurant to the local health inspector for failing to maintain required food temperatures on its buffet. The firing is lawful

False

If more than 75% of employees vote for a union, the NLRB designates the union as the exclusive representative of the employees.

False

Injured employees whose damages exceed workers' compensation insurance coverage may sue their employer for the additional damages.

False

OSHA regulations are the same regardless of industry.

False

Occupational Health and Safety Administration

Government agency responsible for enforcing the act. May inspect workplaces to ensure safety and place fines for violations of the act. Can provide criminal penalties if the violation is willful.

Henry works for a car repair shop that employs 15 people. Henry's first child is on the way and Henry requests FMLA leave. The repair shop

May deny Henry's request because the repair shop not subject to the FMLA

Occupational Health and Safety Act

Requires employers to provide a workplace that is free from recognized hazards likely to cause death or serious harm to employees

Public Policy

This exception occurs when an employee is fired for refusing to perform an action that violates a law or public policy, or exercising a legal right

Fair Labor Standards Act FLSA

Federal law in 1938 that nationalized standards for pay, record keeping and child labor. Minimum wage, minimum age and overtime

Family Medical Leave Act FMLA

Federal law that guarantees up to 12 weeks of unpaid leave each year for childbirth, adoption, or a serious health condition of their own or an immediate family member: spouse child parent

Workers' compensation is an insurance system whereby employees injured on the job can recover compensation without a lawsuit. Workers' compensation is a no-fault system.

True

employees may quit a job at any time for any reason, with or without notice.

True

Good Cause

theft, fraud, damage to company property, being under the influence of drugs or alcohol at work, fighting, threatening, domestic violence, having weapons on premises, unethical behavior, malicious behavior

Employee Retirement Income Security Act (ERISA)

to regulate employee sponsored pension plans. Requires that employers disclose a large amount of information regarding the funding and vesting of pension plans

Typically, employees who voluntarily quit their job are not entitled to unemployment compensation insurance.

True

Whistleblower

an employee who reports or exposes an employer's illegal behavior to a government or law enforcement agency