Chapter 21: Employment Laws Flashcards
(19 cards)
Labor Laws
Seeks to prohibit unfair practices, promotes good faith and collective bargaining, addresses overall relationship between employer and employee unions
Fair labor and standards act (1938)
Regulation of wages and hours
Reasonable break time for nursing mothers, private area to nurse, private area to store breast milk
Employment requirements for minors
Can’t overwork
Can’t allow to work same amt of adult
Fewer laws with interns - no minimum wage, not owed anything
Earning other things - knowledge
WARN Act - worker adjustment and retraining notification act
Required that employers (>=100 employees) must ive notice of any plant closing or mass layoff
60 days prior provided
notice:
- Writing 60 days prior
- To employees or union
- 100+ more than 1/2 time employees
- Cutting full time to 1/2
Family and Medical Leave Act
Applies to companies with >= 50 employees
Eligible employees who work for a company with covered employees may take:
12 weeks of unpaid leave in 12 months under certain circumstances
Certain criteria for Family and Medical Leave Act
New child
New adoption
Immediate family member with major health issue
You yourself has a health issue
Family members with qualifying exigency arising out of being called to active duty
FMLA Eligible circumstances
1250 hours in last 12 months to be eligible for for 12 weeks off
Uniformed Services Employment and Reemployment Act
Applies to every employer
Conserves jobs for those who go in active duty
Voluntary or involuntary service
Period of service must not exceed 5 years
Returning employee must be restored to same or equivalent job with full benefits that have accrued have they not left
OSHA - occupational safety & health administration
Concerned with hazardous conditions in workplace
Right to inspection
No retaliation
ERISA - employment retirement income security act
Protects employees who take part in pension plan
Traditional pension plans
Consolidated omnibus budget reconciliation act (COBRA)
If your company provided ability to engage in health insurance within the organization (optional), and you lose job, you can still participate in that plan at your cost for a defined period of time
Health insurance portability and accountability act (HIPAA)
Protects employees with preexisting health conditions when you change jobs
Entitled to privacy
Health privacy reasons
Employment at Will
Employees are either contractual employees or at-will employees
Can be dismissed at employers will at any time
At will employees could be terminated for any reason, good, bad, or even immoral
Exceptions to being able to be terminated at any time
Public obligation ex. Jury duty
For whistleblowing - reporting employers illegal actions
Exercising statutory rights ex. Voting
Refusing to commit a crime
How well is workers privacy protected
very little
Personnel files - only shown to those who need to see it
Privacy at work means boss can’t hand work file with potential wages, scoldings, etc (personnel files) to coworkers
Private employers restricted from using a lie detector for applicant screening
Workers compensation acts
State laws to protect employees and their families from work related injury, death, or disease where an employer acted unreasonably towards providing a safe working environment
Tests for compensation
- Injury accidental
- Scope of employment
Exclusive remedy rule
only remedy for workplace trouble is compensation
Employment Eligibility Verification
Employers must compete and retain and I-9 employment verification form
Employee must evidence eligibility for employment
- passport, resident/alien resident card, foreign passport etc
Employer protection from employee lawsuits
Wise for employers to master concept of paper fortress
Adequate information of relationship between employee and employer
- Job description
- Personnel manuals
- Personnel files
- Written warnings
signed/noted
- Letters or explanation
KEEP A PERSONELL FILE
