Ch 21 Class Notes Flashcards Preview

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Flashcards in Ch 21 Class Notes Deck (29)

Fair Labor standards act

Minimum wage and overtime


Consolidated Omnibus Budget and Reconciliation Act (COBRA)

Benefits continuation

Health insurance if between jobs for up to 18 months

Probably won't be relevant after affordable care act


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

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


What does exempt from FLSA mean?

Not covered under the FLSA


Under FLSA non exempt are required to get...

Overtime pay if they work over 40 hours


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?

Deduct lunch and normal travel time to work

Must pay overtime if non-exempt


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?

Tell the employee that's not allowed

Discipline him if he continues to do so


FMLA: time off

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


If employer terminates employee after 12 weeks of FMLA...
What must employer make effort to do?

This violates ADA

Employer must make effort to provide ADA


Why do employers hate FMLA

Laws are hard to comply with


2 main requirements under OSHA?

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

2 general duty clause


General duty clause, examples

Keep places free from death and serious bodily harm

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


OSHA standards for machines

Employer must regularly inspect machines or they will be
Held liable against OSHA standards


Wrongful discharge of action

When employee refuses to participate in criminal activity
And the employer retaliates, this leads to wrongful discharge


Employee Retirement Income Security Act (1974)

Protects workers private pensions

Pensions are insured


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

Applies when injured can't get punitive or compensatory

2 most employers have workers comp insurance


3 main benefits under workers compensation

1 cover medical

2 wage/salary continuation

3 death benefits


Federal unemployment tax act (1935) 3 requirements for eligibility

1 terminated involuntarily (not fired for cause)

2 able and available to work

3 seeking employment


Federal Unemployment Tax Act (1935), duration and amount

26 weeks and based on salary


Unemployment benefits: Willful misconduct

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


Unemployment compensation: resignation

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


What is invasion of privacy a form of?



Can an employer hire only non smokers?

Yes, there's no federal protection for smokers

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


Can an employer force and employee to work out?

No, but they can incentivize them by giving them a discount
On health insurance for working out


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

Yes is there's an ethics or morality clause


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?

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

Because he can't take private cause of action


Employee handbooks

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


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



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

Employee only entitled to commission if still employed