Session 7 Law And Ethics Part 3

Question 1

Equal Employment Opportunity Comission protects against

Answer 1

Enforces Federal laws prohibiting discrimination. These laws protect employees and job applicants against employment discrimination.

Question 2

EEOC applies to how many employees?
Who have worked?

Answer 2

Employers with 15 or more employees who have worked for the employer for at least 20 calendar weeks within the last 2 years

Question 3

EEOC

Answer 3

Equal Employment Opportunity Commission

Question 4

Things the EEOC law protects employees and applicants from if involved

Answer 4

Discrimination due to race, color, religion, sex (orientation, gender, pregnancy,) national origin, age (40+), disability, genetics.

Harassment by managers

Denial of reasonable accommodations

Retaliation towards complaint of presence of the above.

Question 5

Who does Immigration Reform and Control Act apply to

Answer 5

Applies to most employers, but specific employee count for eligibility is unclear

Question 6

Immigration Reform and Control Act is in regards to what?

Answer 6

The law seeks to preserve jobs for American citizens and immigrants who are authorized to work in the US.

Question 7

What does the Immigration Reform and Control Act do?

Answer 7

Makes it unlawful for a business to:
1. Hire anyone without verifying work status or a known unauthorized alien
2. Continue to employ unauthorized aliens once status is known

Enforces I-9s

Question 8

How long should I-9s be stored

Answer 8

3 years or 1 year after termination (prefers 3 years tho)

Question 9

FLSA

Answer 9

Fair Labor Standards Act

Question 10

Who does FLSA apply to?

Answer 10

Every practice
Any employee working more than 40 hours a week must be paid overtime

Question 11

What does the FLSA do?

Answer 11

Establishes minimum wage and overtime pay and exempt employees and regulates employment of minors

Question 12

Employment of Minors

Answer 12

Must be 16 years old for non farm related jobs

14-15 yo may be permitted to work outside of schools hours with a permit

Can work 3hrs/day on school days and 8hrs/day on non school days

Work is restricted to 7am-7pm or 9pm if summer break.

Question 13

Overtime exemptions

Answer 13

Salary of $455/week

Salaried

Job duties:
Executive - practice/employee management
Admin - business/client operations
Professional- advanced knowledge (LVT)

Question 14

Who enforces FLSA

Answer 14

DoL - wage and hour division

DoL can inspect at random or from complaint

Question 15

Civil Rights Act of 1964 deals with

Answer 15

Sexual harassment
Pregnancy Discrimination Act
Americans with Disabilities Act
Age Discrimination Act

Question 16

Title 7 of the civil rights act

Answer 16

Unlawful for employers to discriminate

Question 17

Civil Rights Act is Enforced by?

Answer 17

EEOC

Question 18

2 types of Sexual Harassment

Answer 18

Quid pro quo

Hostile environment

Question 19

Quid pro quo

Answer 19

Employment decisions are made based on submission or rejection of unwanted sexual conduct

A favor in return for something

Question 20

Hostile Environment

Answer 20

Unwelcomed sexual conduct that reasonably interferes with the individuals job performance or creates a hostile work environment

Question 21

Pregnancy Discrimination Act 1978 amended what?

Answer 21

Amended title 7 of the Civil Rights Act to include protection against pregnancy

Question 22

When does pregnancy Discrimination act apply

Answer 22

15 or more employees

Question 23

Pregnancy job description

Answer 23

Women are in control of when and if they want accommodations

Question 24

Americans with Disabilities Act applies when

Answer 24

15 or more employees
Individuals who are on payroll at least 20 weeks during the year
Can satisfy job duties with or without reasonable accommodation

Question 25

Age discrimination act of 1967 applies to

Answer 25

Protecting applicants/employees 40 years or older Employers with 20 or more employees

Question 26

FMLA act 1993 applies when

Answer 26

50 or more employees Employees who work at least 1250hrs in 12 month period prior to leave

Question 27

What FMLA provide

Answer 27

12 weeks job protected unpaid leave during 12 month period (unless "key" employee) Leave can be for birth, adoption, care of family member, own serious health need

Question 28

Workers Comp applies to

Answer 28

Everybody

Question 29

What is workers comp?

Answer 29

Protects the interest of employees involved with work-related injuries Covers up to salary, reasonable hospital, surgical and medical expenses

Question 30

FUTA

Answer 30

Federal Unemployment Tax Act

Question 31

When does FUTA apply

Answer 31

All employees Claimants must be able and available for work Disqualified if the employee voluntarily quits

Question 32

What does FUTA do

Answer 32

Unemployment pay Both state and federal tax Burden of proof is on employer

Question 33

ERISA

Answer 33

Employee Retirement Income Security Act

Question 34

Where does ERISA apply

Answer 34

Employees in qualified benefit programs Safeguards employee interests

Question 35

What does each of the Titles of ERISA do?

Answer 35

Does NOT require employers to provide these benefits Title 1: outlines reporting, disclosure, minimum participation, vesting, finding, fiduciary standards and requirements. Title 2: amendments to IRS Title 4: establishes a pension-plan benefits program by Pension Benefit Guaranty Corporation

Question 36

Who enforces ERISA?

Answer 36

Title 1: DoL Title 2: IRS Title 4: PBGC (pension benefit guaranty corporation)

Question 37

COBRA acronym

Answer 37

Consolidated Omnibus Budget Reconciliation Act

Question 38

When does COBRA apply? How many employees?

Answer 38

20+ employees Employees who leave under certain circumstances

Question 39

What does COBRA do and for how long

Answer 39

Allows individuals to extend coverage on a self-pay basis for 18-36 months after termination

Question 40

HIPAA acronym

Answer 40

Health Insurance Portability and Accountability Act

Question 41

Who does HIPAA apply to

Answer 41

EVERYONE

Question 42

What does HIPAA do?

Answer 42

Protects employees' health-insurance coverage when they change jobs Limits exclusions for preexisting conditions, Prohibits discrimination against employees and dependents based on other health status

Question 43

Mental Health Parity Act 1996

Answer 43

Requires group health care plans or insures to provide same annual or lifetime dollar limit on mental health benefits as they do for medical and surgical benefits

Question 44

Employee Polygraph Protection Act 1988

Answer 44

Prohibits private sector employers from requiring polygraphs or discriminating against those that decline

Question 45

Required DoL posters

Answer 45

FLSA + minimum wage Equal Opportunity provisions of the law FMLA OSHA job safety and health protection (right to know) EPPA Uniformed Services Employment Reemployment Rights Act Right to join/form unions and associations

Question 46

1099 independent contractors

Answer 46

Cannot have a set schedule

Question 47

PVME

Answer 47

The principles of veterinary medical ethics of the AVMA

Question 48

PVME requires

Answer 48

Protection of the personal privacy of clients and patients unless by court order or written consent

Question 49

Mandated reporters

Answer 49

Some states require vets to report animal abuse and have safeguards in place

Question 50

Who can waive confidentiality of medical records

Answer 50

Client only