Employment Law and Environmental Law-McDonald Flashcards Preview

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Flashcards in Employment Law and Environmental Law-McDonald Deck (10):

What does OSHA do and who does it apply to?

Creates and enforces workplace standards of health and safety. Employers must keep workplace free from recognized hazards likely to cause death or serious harm.
Applies to nearly all private employers, does not apply to governments.


What is worker's compensation?

Employer strictly liable for employee injuries or diseases that arise out of the course of employment. Injury must be work related or occur during a company sponsored event.


For worker's compensation is employer/employee negligence relevant?

No, it's irrelevant.


Discrimination: under Title VII of the 1964 Civil Rights Act, what are the protected classes?

National origin


Age Discrimination in employment act (ADEA) prohibits discrimination based on?

Similar to Title VII except prohibits discrimination based on age. Prohibits discrimination against individuals ages 40 and over.


What does Equal Pay Act require?

Requires equal pay for equal work.


What does Fair Labor Standards Act regulate? and what are the exceptions.

It regulates:
Minimum wage
OT pay for exceeding the number of hours in the work week
Child labor
Exceptions: managerial/professional employees
Family business.


What is the Clean Air Act and what are the primary and secondary standards?

EPA creased air quality standards.
Primary standards: Protect public health
Secondary standards: Public welfare (crops, animals, climate structures)


What is the Clean Water Act?

Restore and maintain the chemical, physical, and biological integrity of the nation's waters.
Ensuring waters are safe for recreational uses and wildlife.
Eliminating the discharge of pollutants into water.


What is the Hazardous Waster Disposal?

Requires a permit and record-keeping system for all generators, transporters, and disposers of currently generated hazardous wastes.