Employee Management Flashcards
Is it allowed to ask about criminal convictions?
Not allowed during the pre-interview screening stage but is permitted during the actual interview itself.
New Hire Reporting
Federal and state law (Personal Responsibility and Work Opportunity Reconciliation Act) requires employers to collect and report new hire information
When are you required to report a new hire in Maryland?
Send to Maryland New Hire Registry no later than 20 days from the date of hire or rehire.
What is the penalty for failure to report a new hire?
$20 per new employee, or $500 for each offense if the failure to report is part of a collusion between the employee and employer to supply false information.
How old do you have to be to work in Maryland?
Anyone under the age of 18 is considered a minor. Typically, a minor must be at least 14 in order to work.
How old do you have to be in order to work on a construction site?
Minors aged 14 or 15 may work in an office, clerical and sales jobs. Minors 16 years and older are permitted to work at a construction site, but are prohibited from the following activities:
Motor vehicle driving on public roads, Power-driven woodworking machines, Exposure to radioactive substances, Operating power-driven punching and shearing machines, Roofing, excavation, wrecking and demolition activities, Brick and tile manufacturing, Hoisting operations
Rest & Meal Periods for minors?
Meal periods of at least 30 minutes must be provided no later than five hours and one minute after the minor reports to work. Fourteen and fifteen-year-olds must be fully relieved of work duties during this time. Sixteen and seventeen-year-old employees may work during a meal period if the nature or circumstances of the job require it, but must be paid for their time. Paid rest periods of at least 15 minutes must be provided during each four hours (or major portion) of work time
What is The Fair Labor Standards Act (FLSA)?
The Fair Labor Standards Act (FLSA) establishes standards for minimum wages, overtime pay, recordkeeping, and child labor. The Act applies to companies with employees who engage in interstate commerce, produce goods for interstate commerce, or handle, sell or work on goods or materials that have been moved in or produced for interstate commerce. Employers with annual sales of $500,000 or more, and employ two or more employees are subject to this law.
What is the Required Recordkeeping under the FLSA?
The following records must be kept and preserved for at least three years:
- Employee’s full name and Social Security number
- Address, including zip code
- Birth date, if younger than 19
- Sex and occupation
- Time and day of week when employee’s workweek begins
- Hours worked each day
- Total hours worked each workweek
- Basis on which employee’s wages are paid (e.g., “$9 per hour,” “$440 a week,” “piecework”)
- Regular hourly pay rate
- Total daily or weekly straight-time earnings
- Total overtime earnings for the workweek
- All additions to or deductions from the employee’s wage
- Total wages paid each pay period
- Date of payment and the pay period covered by the payment
What form is used to comply with the Immigration & Nationality Act?
Form I-9 is used for verifying the identity and employment eligibility of individuals hired for employment in the United States.
What are the penalties for willful violations of the FLSA?
A violator of FLSA may be fined up to $10,000, and if found guilty a second time may be imprisoned. Employers who repeatedly violate wage and overtime pay requirements risk civil penalties up to $1,000 for each violation.
What is the Americans With Disabilities Act (ADA)?
this law applies to employers with 15 or more employees. The law states that employers must provide “reasonable accommodation” to disabled applicants if that accommodation would allow the person to perform the work
What is the Davis-Bacon Act ?
Requires payment of prevailing wage rates and fringe benefits on federally financed or federally assisted construction projects.
What is the Walsh-Healey Public Contracts Act?
Requires payment of minimum wage rates and daily or weekly overtime pay on contracts to provide goods to the federal government.
What is the Service Contract Act?
The Service Contract Act requires payment of prevailing wage rates and fringe benefits on contracts to provide services to the federal government. For prime contracts more than $100,000, contractors and subcontractors must pay laborers and mechanics, including guards and watchmen, at least prevailing wages, and one and one-half times their regular rate of pay for all hours worked over 40 in a workweek.
What is the Wage Garnishment Law
Wage Garnishment Law limits the amount of income that may be legally withheld from an employee’s income. The wage garnishment provisions protect employees from discharge by their employers because their wages have been garnished for any one debt, and it limits the amount an employee’s earnings that may be garnished in any one week.
What is the Employee Polygraph Protection Act?
prohibits employers from forcing any employee to take a polygraph test either before or after employment
What is Family and Medical Leave Act?
requires that employers with 50 or more employees must grant an employee that has worked for the employer for the last 12 months for at least 1250 hours, up to a total of 12 work weeks of unpaid job protected leave during any 12-month period for one or more of the following reasons: the birth and care of the newborn child, placement with the employee of a son or daughter for adoption or foster, care for an immediate family member, medical leave when the employee is unable to work because of a serious health condition.
