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Legal Business 1 > Ch 21 > Flashcards

Flashcards in Ch 21 Deck (32)
0

Fair Labor Standards Act (FLSA) 1938

Establishes minimum wage, overtime pay, record keeping
Requirements and child labor standards

1

Worker Adjustments and Retraining Notification Act (WARN Act)

Provides restrictions on plant closing and mass layoffs

2

Family Medical Leave Act (FMLA)

Provides unpaid leave to care for newborn child, adopted
Child, care for family member, serious health conditions

3

Uniformed Services Employment and Reemployment Rights Act (USERRA)

Provides Reemployment rights after performing uniformed
Service

Provides those in military the right to be free from
discrimination and retaliation based on uniformed service

4

Occupational Safety and Health Act (OSHA)

Provides standards for safe and healthy work environment

5

Social security act

Provides unemployment compensation

Disability benefits

6

Employment Retirement Income Security Act (ERISA)

Provides requirements for private pension plans

7

Electronic Communications Privacy Act

Provides standards to protect privacy

8

Railway Labor Act, Norris-LaGuardia Act, Wagner Act, Taft-Hartley Act, Landrum-Griffin Act

Provide national policy for governing union-management
Relationship

9

What is the minimum age for employment set by the FLSA?

14 years old

10

What are the time requirements for the WARN notice, and how should it be presented?

Delivered at least 60 days before closing

Must be in writing

11

Which employers does the WARN notice apply to

Employers with 100 or more full time employees

12

How much time does the family Medical Leave act provide for?

12 weeks unpaid leave within 12 month period

13

Employment at will doctrine

Unless employees contracted for definite period of
Employment (such as 1 year)

employers able to discharge without cause any time

14

Federal statutes limiting employment at will doctrine: Labor management relations act

Prohibits discharge of union activity or for filing charges
Under the act

15

Federal statutes limiting employment at will doctrine: Fair labor standards act

Forbids discharge for exercising rights guaranteed by
Minimum wage and overtime provisions of act

16

Federal statutes limiting employment at will doctrine: Occupational safety and health act

Prohibits discharge for exercising rights under act

17

Federal statutes limiting employment at will doctrine: civil rights act

Makes illegal discharge based on race, sex, color,
Religion or national origin

18

Federal statutes limiting employment at will doctrine: age discrimination employment act

Forbids age-based discharge of employees over age 40

19

Federal statutes limiting employment at will doctrine: Employee Retirement Income Security Act

Prohibits discharge to prevent employees from getting
vested pension rights

20

Federal statutes limiting employment at will doctrine: Clear Air Act

Prevents discharge of employees who cooperate in
Proceedings against an employer for violation against act

21

Federal statutes limiting employment at will doctrine: Clean Water Act

Prevents discharge of employees who cooperate in
Proceedings against an employer for violation against act

22

Federal statutes limiting employment at will doctrine: Consumer Credit Protection Act

Prohibits discharge of employees due to garnishment of
wages for any one indebtedness

23

Federal statutes limiting employment at will doctrine: Judiciary and Judicial Procedure Act

Forbids discharge of employees for service on federal
Grand or petit juries

24

Workers compensation laws

State statutes designed to protect employees and their
Families from risks of accidental injury, death or disease
Resulting from employment

25

What 3 defenses has common law provided to help employer escape tort liability?

1 assumption of risk

2 contributory negligence

3 fellow-servant rule

26

Assumption of risk

Knowing taking on dangerous task

27

Fellow servant rule

When injury occurs because another employee, that
Employee is liable instead of the employer

28

Exclusive remedy rule

Rule written into all compensation statutes

States that an employee's sole remedy against an employer
For workplace injury or illness is workers' compensation

29

Workers' compensation laws apply only to...

Accidentally injured workers

30

Employment eligibility verification (form I-9)

US employers must complete this form for each individual
They hire

31

Paper fortress

Documentation consists of job descriptions, personnel
Manuals and employee personnel files

Serve as protection against unjustified employee lawsuits