Ch 21 Class Notes

Question 0

Consolidated Omnibus Budget and Reconciliation Act (COBRA)

1985

Answer 0

Benefits continuation

Health insurance if between jobs for up to 18 months

Probably won’t be relevant after affordable care act

Question 1

Fair Labor standards act

Answer 1

Minimum wage and overtime

Question 2

Who does the FLSA law apply to, who doesn’t it?

Answer 2

Individual must be an employee and work over 40 hours/week

Question 3

What does exempt from FLSA mean?

Answer 3

Not covered under the FLSA

Question 4

Under FLSA non exempt are required to get…

Answer 4

Overtime pay if they work over 40 hours

Question 5

Under FLSA: what do you deduct from work time, when you have to travel longer to work, when calculating pay?

Would the worker get paid overtime?

Answer 5

Deduct lunch and normal travel time to work

Must pay overtime if non-exempt

Question 6

Company has policy that employee can’t work through lunch. If employee tells supervisor he wants to work through lunches so he can get out early Friday, what should supervisor do?

Answer 6

Tell the employee that’s not allowed

Discipline him if he continues to do so

Question 7

FMLA: time off

Answer 7

Up to 12 unpaid weeks leave of absence in 1 year period

Question 8

If employer terminates employee after 12 weeks of FMLA…

What must employer make effort to do?

Answer 8

This violates ADA

Employer must make effort to provide ADA

Question 9

Why do employers hate FMLA

Answer 9

Laws are hard to comply with

Question 10

2 main requirements under OSHA?

Answer 10

1 set industry standards for issues that can give rise to
Hazards in the workplace

2 general duty clause

Question 11

General duty clause, examples

Answer 11

Keep places free from death and serious bodily harm

Ex. Heavy machinery, molds (toxic), machinery without
Protection

Question 12

OSHA standards for machines

Answer 12

Employer must regularly inspect machines or they will be

Held liable against OSHA standards

Question 13

Wrongful discharge of action

Answer 13

When employee refuses to participate in criminal activity

And the employer retaliates, this leads to wrongful discharge

Question 14

Employee Retirement Income Security Act (1974)

Answer 14

Protects workers private pensions

Pensions are insured

Question 15

When does workers comp apply? 2) what do most companies do about it

Answer 15

Applies when injured can’t get punitive or compensatory
Damages

2 most employers have workers comp insurance

Question 16

3 main benefits under workers compensation

Answer 16

1 cover medical

2 wage/salary continuation

3 death benefits

Question 17

Federal unemployment tax act (1935) 3 requirements for eligibility

Answer 17

1 terminated involuntarily (not fired for cause)

2 able and available to work

3 seeking employment

Question 18

Federal Unemployment Tax Act (1935), duration and amount

Answer 18

26 weeks and based on salary

Question 19

Unemployment benefits: Willful misconduct

Answer 19

Employer has burden of proof to establish willful misconduct
Of employee so they don’t have to pay them unemployment

Ex. Stealing, bad language, violence

Question 20

Unemployment compensation: resignation

Answer 20

If employee resigns, they will almost never get 
unemployment compensation (unless for sexual harassment)

Question 21

What is invasion of privacy a form of?

Answer 21

Tort

Question 22

Can an employer hire only non smokers?

Answer 22

Yes, there’s no federal protection for smokers

Employers are allowed to hire nonsmokers, as they save
A lot on health costs

Question 23

Can an employer force and employee to work out?

Answer 23

No, but they can incentivize them by giving them a discount

On health insurance for working out

Question 24

Can employer take disciplinary action based on employees conduct outside or work?

Answer 24

Yes is there’s an ethics or morality clause

Question 25

Larry a machine operator is concerned that the cardboard bale he is working on should have a safety shield to protect his arms. He is worried that if he reports his concerns he will be put on night shift. What should he do? Does he have any protection issue if he reports the issue?

Answer 25

OSHA will protect him from retaliation, however he must
Rely in OSHA to protect him

Because he can’t take private cause of action

Question 26

Employee handbooks

Answer 26

Like contracts, so if employer violates policy, that’s a breach
Of contract

However, every hand book now has a disclaimer saying
It isn’t a breach of contract

Question 27

Is being verbally told you wouldn’t be fired an enforceable contract?

Answer 27

Yes

Question 28

If an employee makes a commission for a company, but is fired before he can collect it entitled to the commission?

Answer 28

Employee only entitled to commission if still employed