BIZ LAW CH17

The current federal minimum wage is

$7.25

An Employer that Violates the FMLA Can be Required to Provide the Following Remedies.

1. Damages to compensate the employee for lost wages and benefits, denied compensation, and actual monetary losses (such as the cost of providing for care of a family member) 2. Jon reinstatement 3. Promotion, if a promotion has been denied

Normally, the Two Requirements to Recover Benefits under State Workers' Compensation Laws Are:

1. The existence of an employment relationship 2. An accidental injury that occurred on the job or in the course of employment, regardless of fault

The FMLA Eligible Employees May Take Up to 12 Weeks of Leave Within a 12 Month Period for Any of the Following Reasons.

1. To care for a newborn baby within one year of birth 2. To care for an adopted or foster child within one year of the time the child is placed with the employee 3. To care for the employee's spouse, child, or parent who has a serious health condition 4. If the employee suffers from a serious health condition and is unable to perform the essential functions of her or his job 5. For any qualifying exigency (nonmedical emergency) arising out of the fact that the employee's spouse, son, daughter, or parent is a covered military member on active duty

The Social Security Act provides for..

1. old age (retirement) insurance 2. disability insurance 3. survivors' insurance

Any employee who works more than 40 hours per week must be paid no less than ___ times her/his regular pay for all hours over 40

1.5 times

A mass layoff is defined as one that involves at least ___ of the full-time employees at a particular job site

1/3

The WARN Act applies to employees with at least ____ full-time employees

100

Children under the age of __ are allowed to do only certain type of work, such as deliver news papers and work for their parents

14

To qualify for workers' compensation benefits, an injured employee must notify her or his employer usually within ____ days of the accident.

30

The Affordable Care Act (Obamacare) applies to most employers with ____ or more full-time employees.

50

The FMLA affects employers who have ____ or more employees.

50

Lay offs; Worker Adjustment and Retraining Notification Act (WARN Act)

60 Day notice before mass layoff during 30 day period which results in workforce loss of: At least 33% of 50 full-time employees at a single job site, At least 500 full-time employees

Employment at will

A common law doctrine under which either party may terminate an employment relationship at anytime for any reason, unless a contract specifies otherwise

I-551 Alien Registration Receipt

A document, known as a "green card," that shows that a foreign-born individual can legally work in the US

Overtime exemptions

Administrative employees that are paid a salary and related to general business operations, and Executive employees whose primary duty is management

Whistleblowing

An employee's disclosure to government authorities, the press, or upper-management that the employer is engaged in unsafe or illegal activities

Wrongful discharge

An employer's termination of an employee's employment in violation of an employment contract or laws that protect employees

The Worker Adjustment and Retraining Notification (WARN) Act

Applies to employers with at least one hundred full-time employees and requires that 60 days' advance notice of mass layoffs be given to affected employees or their representative (if workers are in a labor union)

Provides Federal right to continued heath insurance. Workers has 60 days to decide .... is not free, payments depend on conditions and worker status

COBRA

The federal law that provides continued access to health insurance to workers who have been terminated from their employment is known as ___

COBRA (The Consolidated Omnibus Budget Reconciliation Act)

Exceptions to the employment-at-will doctrine

Courts have made exceptions to the doctrine on the basis of contract theory, tort theory, and public policy. Whistleblowers have occasionally received protection under the common law for reasons of public policy

Violations of the FMLA

Damages to compensate an employee for lost benefits, denied compensation, and actual monetary losses, Job reinstatement, Promotion, if a promotion has been denied

The act that regulates private pension funds is ___

ERISA

Employee Retirement Income Security Act (ERISA)

ERISA created the Pension Benefit Guaranty Corporation (PBGC) to provide timely and uninterrupted payment of voluntary private pension benefits. ERISA does not require employers to setup pension plans, but provides rules on management and investment

Electronic Monitoring

Employers can monitor employees in the workplace

Fair Labor Standards Act

Extended wage and hour requirement to cover all employers whose activities affect interstate commerce plus certain other businesses. The act has specific requirements in regard to child labor, maximum hours, and minimum wages.

The Fair Labor Standards Act (FLSA)

Extends wage-hour requirements to cover all employers engaged in interstate commerce

Child Labor

FLSA prohibits oppressive child labor practices

FMLA (Family and Medical Leave)

FMLA requires employers with over 50 employees to provide 12 weeks unpaid leave to employees who need to care for a spouse, child or parent suffering a serious medical condition. Serious injuries or military duty can take up to 25 weeks

T/F The Family and Medical Leave Act (FMLA) supersedes all state and local laws that provide more generous protection.

False

The _____ Act created a state-administered unemployment compensation system.

Federal Unemployment Tax Act (FUTA)

Which federal law prevents the improper use of genetic information by employees' health insurance providers?

GINA (The Genetic Information Nondiscrimination Act)

H-1B Visa

Gives visas to specialty occupations, usually in tech fields

Employer-Sponsored Group Health Plans

HIPAA: Does not require health insurance but it does establish requirements for health plans Strictly limits employer's ability to exclude pre-existing conditions Restricts manner of disseminating patient information

Green Card

I-551 Alien Registration Receipt

Contract Theory

If a contract exists, whether express or implied, that will control the employment arrangement

Reasonable expectation of privacy

If employees are informed that they will be monitored, there is no reasonable expectation of privacy

Makes it illegal to hire, recruit, or refer for a fee someone not authorized to work in this country

Immigration Reform and Control Act

Employee Privacy Rights

In addition to the US Constitution, tort law, state constitutions, and federal and state statutes may provide some protection for employees' privacy rights. Employer practices that are often challenged by employees as invasive of their privacy rights include electronic performance monitoring, lie-detector tests, drug testing, and genetic testing.

Federal Labor Laws

Include the Norris-LaGuardia Act, the National Labor Relations Act, the Labor-Management Relations Act, and the Labor-Management Reporting and Disclosure Act

Immigration Act

Limits the number of legal immigrants entering the US by capping the number of visas (entry permits) that are issued each year

Federal government health-insurance program for people 65 yrs old and for those under 65 who are disabled

Medicare

Affordable Care Act (ACA)

Most emploers with 50+ full-time employees are required to offer health insurance benefits Required employers who do not offer benefits or who offer plans that are too expensive are subject to penalties

Federal rules concerning worker safety are enforced by...

OSHA OSHA stands for the Occupational Safety and Health Act, which is the agency that enforces worker safety rules and regulations

Federal law aimed toward safety in the workplace

Occupational Safety and Health Act (OSHA)

Immigration Reform and Control Act

Prohibits employers from hiring illegal immigrants. The act is administered by US Citizenship and Immigration Services. Compliance audits and enforcement actions are conducted by US Immigration and Customs Enforcement

The Davis-Bacon Act

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

Davis-Bacon Act

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

Occupational Safety and Health Act

Requires employers to meet specific safety and health standards that are established and enforced by the Occupational Safety and Health Administration (OSHA)

Walsh-Healey Act

Requires firms that contract with federal agencies to pay their employees a minimum wage and overtime pay

Portion of income goes to FICA, Retired workers receive monthly payments

Social Security

The key federal law dealing with employee protection from the financial impact of retirement is the ___

Social Security Act

Establish and administrative procedure for compensating workers injured on the job

State Worker's compensation Laws

Worker's compensation laws

State statutes establishing an administrative procedure for compensating workers' injuries that arise our of--or in the course of --their employment regardless of fault

workers' compensation laws

State statutes that establish an administrative process for compensating workers for injuries that arise in the course of their employment, regardless of fault

Tort Theory

Termination could lead to a wrongful discharge claim

COBRA

The Consolidated Omnibus Budget Reconciliation Act (COBRA) requires employers to give employees, on termination of employment, the option of continuing their medical, optical, or dental insurance coverage for a certain period

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

The Davis-Bacon Act

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

The Davis-Bacon Act The Walsh-Healey Act The Fair Labor Standards Act (FLSA)

Laws that regulate wages and working hours

The Davis-Bacon Act The Walsh-Healey Act The Fair Labor Standards Act (FLSA)

____ Act Requires an overtime payment after an employee works 40 hours in one week Prohibit oppressive child labor

The Fair Labor Standards Act

_____ Act extended wage-hour requirements to cover all employers engaged in interstate commerce or in producing goods for interstate commerce, plus selected other types of businesses. The ____, as amended, provides the most comprehensive federal regulation of wages and hours today.

The Fair Labor Standards Act (FLSA)

Unemployment insurance

The Federal Unemployment Tax Act (FUTA) created a system that provides unemployment compensation to eligible individuals. Employers are taxed to costs.

HIPAA

The Health Insurance Portability and Accountability Act (HIPAA) establishes requirements for employer-sponsored group health plans. The plans must also comply with various safeguards to ensure the privacy of employee's health information

Places caps on the number of visas that can be issued to immigrants every year

The Immigration act

Social Security and Medicare

The Social Security Act provides for old-age (retirement), survivors' , and disability insurance. Both employers and employees must make contributions under the Federal Insurance Contributions Act (FICA). The Social Security Administration also administers Medicare, a health-insurance program for older or disabled persons.

Require minimum wage and overtime to be paid to employees of federal government contracts

The Walsh-Healey Act

One of the major federal laws dealing with layoffs is the

The Worker Adjustment and Retraining Notification Act (WARN)

Private pension plans

The federal Employee Retirement Income Security Act (ERISA) establishes standards for the management of employer-provided pensions plans

Minimum wage

The lowest wage, either by government regulation or union contract, that an employer may pay an hourly worker

minimum wage

The lowest wage, either by government regulation or union contract, that an employer may pay an hourly worker

I-9 verification

The process of verifying the employment eligibility and identity of a new worker. It must be completed within 3 days after the worker commences employment

3 exceptions to the employment-at-will doctrine

Those based on... 1. public policy 2. contract theory 3. tort theory

T/F The most common exception to the employment-at-will doctrine is made on the basis that the employer's reason for firing the employee violates a fundamental public policy of the jurisdiction

True

T/F To a large extent, statutory law has displaced common law doctrines that apply to employment relationships.

True

T/F Whenever a work-related injury or disease occurs, employers must make reports directly to the OSHA.

True

Acceptable documents verifying legal eligibility to work are __

US Birth Certificate US passport Permanent resident card

Overtime

Under FLSA, employees who work over 40 hr/wk are entitled to 1.5x the hourly wage for those hours worked

Vesting

Under the Employee Retirement Income Security Act (ERISA) of 1974, a pension plan becomes vested when an employee has a legal right to the benefits purchased with the employer's contributions, even if the employee is no longer working for this employer.

Provides payments to qualified people who have lost their jobs

Unemployment insurance

A key provision of ERISA. _____ gives an employee a legal right to receive pension benefits at some future date when he/she stops working

Vesting

Public policy

Whistleblowing, for example

Whenever an employer discharges an employee in violation of an employment contract or statutory law protecting employees, the employee may bring a suit for ....

Wrongful discharge

In order to comply with current immigration laws, employers must verify a new hire's right to work through completion of __

an I-9 Employment Eligibility form

The Walsh-Healey Act

applies to US government contracts. It requires that a minimum wages, as well as 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

Lie detector tests

employers are generally prohibited from conducting

What can OSHA compliance officers do with respect to facilities of establishments covered by the act?

enter and inspect the facilities

Drug testing

generally allowed

The First Amendment's protection of free speech prevents only ____ employers from restraining speech by blocking Web sites.

government

Youths between the age of 16 and 18 cannot be employed in ___ jobs

hazardous jobs

The federal government began to regulate wages and working hours of employees in ____

in the 1930s **Employment relations were governed by the common law until the 1930s when the federal government began to regulate wages, working hours, and other aspects of employment relations.

If an employee recovers benefits from a workers' compensation claim, he/she:

is normally barred from suing the employer for negligence. **An employee can recover for an injury from the employer only one time. Once the employee has accepted benefits under a workers' compensation claim, the employee is barred from filing a lawsuit for the injuries based on the employers' neglect.

Federal, state, and local government employers and certain security service firms may conduct ____ tests.

lie detector (polygraph)

With respect to a worker's health-care coverage, when an employee takes FMLA leave, the employer ...

must continue the coverage on the same terms as if the employee had continued to work

Genetic testing

not to be used for employment decisions

If employees have been informed that their communications are being monitored, they cannot reasonably expect those interactions to be ___

private

For private employers, privacy rights and drug testing of employees are governed by ____ law.

state law

An employer may be held liable for the wrongful discharge of an employee if the discharge violated ______

the common law or statutory law **A wrongful discharge claim may involve either a common law claim, such as violation of an employment contract, or a statutory claim, such as violation of a statute prohibiting discrimination in hiring and firing.

Employees of private employers have some privacy protection under ___ law.

tort