Test 2 Flashcards

Question

What is the difference between an employee agent and an independent contractor agent?

Answer 1

Employee agents are under the employer’s control and supervision, while independent contractors are self-directed, with less direct control from the employer.

Answer 2

It sets age restrictions, limits work hours, and prohibits hazardous jobs for minors, ensuring safe and appropriate work conditions for young workers.

Answer 3

A PIP is used to help employees improve performance by providing training and mentorship, with regular meetings to track progress.

Answer 4

discipline should focus on responsibility to the group's welfare, holding employees accountable while fostering a supportive and constructive environment

Answer 5

If an employer approves or benefits from an unauthorized action taken by an employee, such as signing a contract, the action may be ratified, making the employer bound by the contract.

Answer 6

Ratification occurs when a principal later approves or accepts the benefits of an act that an agent performed without prior authority.

Answer 7

Employers can show that they followed a progressive discipline process, such as warnings and corrective actions, to argue that they took reasonable steps to prevent employee misconduct.

Answer 8

Both provide protections to employees, but the WARN Act focuses on mass layoffs and plant closures, while the FMLA covers individual or family medical leave.

Answer 9

In tort cases, actions taken by the employee within the scope of their employment generally make the employer liable for any resulting harm or damages.

Answer 10

It begins with coaching and verbal feedback, escalates to written warnings and performance improvement plans, and can ultimately lead to suspension or termination.

Answer 11

It enhances employee support by offering partial income during medical leave, improving employee satisfaction and retention.

Answer 12

It mandates that non-exempt employees receive time-and-a-half pay for hours worked beyond 40 in a workweek, ensuring fair compensation for extra labor.

Answer 13

First, the employee must establish a prima facie case of discrimination. Then, the employer must provide a legitimate, non-discriminatory reason for the adverse action. Finally, the employee must prove that the reason given by the employer is a pretext for discrimination.

Answer 14

To provide employees with job-protected leave for family and medical reasons, promote work-life balance, and support employees during critical life events.

Answer 15

Employers often admit that the employee was at fault but argue that they took all necessary steps to train the employee and prevent misconduct, reducing the severity of the penalties.

Answer 16

Retaliation occurs when an employer takes adverse action against an employee for engaging in a protected activity, such as reporting discrimination or harassment.

Answer 17

Yes, Lawford experienced multiple instances of severe harassment, including inappropriate physical contact and sexual comments.

Answer 18

Medical benefits, wage replacement, vocational rehabilitation, and death benefits for employees injured or killed in the course of employment.

Answer 19

Employers can demote the employee to a role that matches their abilities, sometimes with a pay cut or a salary freeze, to ensure they are performing at an appropriate level.

Answer 20

It significantly increased the salary threshold for overtime exemption, requiring many previously exempt employees to receive overtime pay.

Answer 21

Employers may face penalties of up to $2,000 per full-time employee not offered health insurance, excluding the first 30 employees.

Answer 22

Ratification happens when an employer approves an unauthorized action taken by an employee after the fact, thus making the action binding on the company.

Answer 23

The ADA prohibits discrimination against individuals with disabilities, requires reasonable accommodations, and ensures equal employment opportunities.

Answer 24

Actions taken by an employee during work hours or while performing their job duties are generally considered within the "scope and course of employment," making the employer liable.

Answer 25

Employers must investigate and address harassment claims, even if the harassment is not directly in the employee's chain of command.

Answer 26

A wildcat strike occurs when workers strike without the union’s authorization, often making the action illegal under labor laws.

Answer 27

The ACA mandates that large employers offer affordable health insurance to full-time employees, promotes access to healthcare, and sets standards for coverage and benefits.

Answer 28

Employers may face fines, sanctions, and increased liability for workplace accidents and injuries resulting from non-compliance.

Answer 29

To provide affected employees with opportunities to gain new skills or find new employment, reducing the impact of mass layoffs and plant closures.

Answer 30

The WARN Act requires employers to provide 60 days' notice before mass layoffs or plant closures affecting 50 or more employees, ensuring employees have time to seek new employment or retraining.

Answer 31

The employee is part of a protected class, the employee was qualified, the employee was rejected, and the position was filled by someone outside the protected class

Answer 32

While HIPAA primarily applies to healthcare providers, employers should still protect employee health information by securing records and limiting access.

Answer 33

Disparate treatment (McDonnell Douglas case), mixed motives (Hopkins case), and disparate impact (Griggs case)

Answer 34

A letter issued by the EEOC that allows an employee to file a lawsuit in federal court after the EEOC process is complete.

Answer 35

A strike initiated by union workers to press for economic terms during collective bargaining. Employers may permanently replace striking workers in these cases, but are not required to rehire them.

Answer 36

It provides financial support during temporary medical leave, helping employees manage income loss while ensuring job protection under FMLA.

Answer 37

The Occupational Safety and Health Administration (OSHA) regulates workplace safety, including protective equipment, hazard communication, and overall safety standards.

Answer 38

It ensures that all employees receive at least the federal minimum wage, preventing employers from paying unreasonably low wages.

Answer 39

ERISA regulates private health plans, ensuring that they are managed properly, benefits are protected, and participants receive necessary information about their plans.

Answer 40

The double-edged sword is that while employees are protected from personal liability when their actions are within the scope of employment, the employer may use employee misconduct as a defense, potentially damaging the employee’s reputation.

Answer 41

Florida provides the lowest unemployment benefits in the U.S., with a maximum of $275 per week. The CARES Act temporarily expanded these benefits during the COVID-19 pandemic.

Answer 42

Constructive discharge occurs when an employee resigns due to intolerable working conditions that a reasonable person would consider unbearable.

Answer 43

A detour is a minor deviation from work duties (e.g., stopping for lunch) that does not remove the employer's liability, as it is considered part of the normal course of employment.

Answer 44

It guarantees that employees taking FMLA leave can return to their same or a similar position with equivalent benefits and pay.

Answer 45

union employees may strike to induce the employer to concede contract terms during collective bargaining

Answer 46

Employees who have worked for their employer for at least 12 months and have at least 1,250 hours of service in the past 12 months, and work at a location with 50 or more employees within 75 miles.

Answer 47

COBRA allows employees to pay for their own health insurance for up to three months after leaving a job. However, with the Affordable Care Act in place, COBRA is often more expensive than other health insurance options.

Answer 48

It requires employers to take reasonable steps, such as background checks and reference checks, to protect third parties from harm caused by their employees.

Answer 49

If employees strike over unfair labor practices (e.g., illegal working conditions), employers are legally obligated to rehire them and pay back wages.

Answer 50

Exemption is based on salary level, job duties, and classification as a professional, administrative, or executive employee.

Answer 51

Children under 14 cannot work except in specific cases (like newspaper delivery), while 14-15 year-olds have restricted work hours, and 16-17 year-olds can work without hour limits but not in hazardous jobs.

Answer 52

1. The employee belongs to a protected class. 2. The employee was qualified for the position. 3. The employee suffered an adverse employment action.

Answer 53

Remedies include suing the agent for damages, rescission of agreements, and disgorgement of profits made through unauthorized acts.

Answer 54

Retaliation claims arise when an employer takes adverse action against an employee for engaging in protected activities, such as filing a discrimination complaint or participating in an investigation.

Answer 55

Employees usually must be employed for at least one year and pay into the insurance program monthly.

Answer 56

OSHA aims to ensure a safe and healthy workplace by setting and enforcing safety standards and providing training, outreach, and education.

Answer 57

COBRA requires continuation of employer-provided insurance at the employee's expense, whereas the ACA offers a broader range of health insurance options and protections.

Answer 58

Examples of illegal work stoppages include wildcat strikes (without union permission), sit-in strikes (inside the workplace), and strikes during a cooling-off period.

Answer 59

Maintain accurate employee records, plan ahead for potential layoffs, provide timely notices, and offer retraining opportunities to affected employees.

Answer 60

The Worker Adjustment and Retraining Notification (WARN) Act requires employers to provide 60 days' notice before mass layoffs or plant closures affecting 50 or more employees.

Answer 61

Workers' compensation provides financial benefits and medical care to employees injured or made ill on the job, while shielding employers from most lawsuits related to workplace injuries.

Answer 62

Injunctions, reinstatement, back pay, retroactive promotions, and requiring the employer to change discriminatory practices.

Answer 63

While the ACA's employer mandate targets larger employers, small businesses may still be influenced by ACA provisions through the broader health insurance market and state regulations.

Answer 64

It guarantees employees' access to their retirement accounts and protects against misuse by employers.

Answer 65

COBRA can be prohibitively expensive, as employees must pay the full premium, including the portion previously covered by the employer.

Answer 66

Employee Retirement Income Security Act

Answer 67

courts consider factors such as the skill required, control over work, provision of tools, length of employment, and payment method

Answer 68

Principal later approves the agent's action.

Answer 69

ERISA ensures employees' access to their retirement accounts if offered by their employer. Employers must comply with specific guidelines to avoid misuse of retirement funds.

Answer 70

Prior to reforms, harassment claims against congressional staffers were resolved through arbitration, which created a chilling effect on employees bringing complaints.

Answer 71

These are agents who work voluntarily without receiving payment, yet still owe the same duties to the principal as paid agents.

Answer 72

The doctrine of respondeat superior, where a principal can be held liable for the actions of employee agents, typically in cases of negligence.

Answer 73

Disciplining or firing employees involved in misconduct can help employers show that they take employee behavior seriously and can reduce potential damages in legal cases.

Answer 74

The 2016 change increased the salary threshold to $47,476 with planned inflation adjustments, but was blocked by an injunction. The 2020 update set a new threshold at $35,568, halfway between the old and proposed limits.

Answer 75

Unions aim to protect workers during economic hardships by advocating for fair wages and benefits, but they face challenges such as companies prioritizing stock buybacks and executive compensation over employee welfare.

Answer 76

It requires the employee to show that they belong to a protected class, were qualified for the job, and were subject to adverse action, among other factors.

Answer 77

In-house counsel prepares employees for lawsuits, provides legal defense, and ensures that the company minimizes liability while the employee is supported during legal proceedings.

Answer 78

Documentation creates a clear record of the steps taken to address employee issues and is crucial in defending the employer if the case goes to court or if the employee files a complaint.

Answer 79

Up to 12 weeks of unpaid leave for employees to care for family medical matters, with job protection.

Answer 80

The IRS uses it to determine an agent’s status by examining the behavioral aspects of the relationship, financial arrangements, and the nature of the working relationship.

Answer 81

OSHA requires employers to provide a safe workplace, comply with health and safety standards, and report work-related injuries.

Answer 82

$7.25 per hour, though states and localities may set higher minimum wages.

Answer 83

An intentional tort, such as theft or assault, is a deliberate action by the employee. In such cases, the employer may argue that the employee was acting outside the scope of their job, reducing the employer's liability.

Answer 84

actual authority, apparent authority, and ratification

Answer 85

The employee must file a complaint with the EEOC within 180 calendar days of the adverse job action.

Answer 86

Proper employee training helps employers demonstrate that they took reasonable steps to prevent employee misconduct, which can reduce the company’s liability in legal cases.

Answer 87

Regularly review employee classifications, adjust salaries to meet exemption thresholds, accurately document job duties, and ensure proper recordkeeping for hours worked.

Answer 88

An affirmative action plan is a program that employers may implement to promote equal employment opportunities for underrepresented groups, often required for government contractors.

Answer 89

If an employee is involved in an accident while driving a fleet vehicle, it is usually considered to be within the scope of employment, making the employer liable.

Answer 90

The Department of Labor oversees OSHA compliance, conducts inspections, and enforces safety standards to protect workers from workplace hazards

Answer 91

"But-for causation" means that the employee’s actions would not have occurred but for their employment, which can establish liability for the employer in certain cases.

Answer 92

The Employee Retirement Income Security Act (ERISA) ensures that employees receive benefits from employer-sponsored pension and health plans once they are vested.

Answer 93

Apparent authority can bind a company to contracts or actions taken by employees if third parties reasonably believed the employee had the authority to act on behalf of the company.

Answer 94

By allowing eligible employees to take extended leave for family and medical reasons without fear of losing their jobs, promoting a healthier work-life balance.

Answer 95

Employees' social media posts can harm a company’s reputation, and employers may be held liable if the posts were related to the employee’s work or position at the company.

Answer 96

Employers must protect employees from harassment by customers and can remove the customer or reassign the employee to avoid further harassment.

Answer 97

ERISA ensures fiduciary responsibility, protects plan assets, mandates disclosure of plan information, and provides participants with rights to their retirement benefits.

Answer 98

The WARN Act focuses on providing advance notice for mass layoffs and plant closures, while the FMLA provides individual medical and family leave with job protection.

Answer 99

ERISA ensures that retirement plans are managed properly, protects participants' benefits, and requires disclosure of plan information.

Answer 100

It temporarily expanded unemployment benefits, including higher weekly payments and extended eligibility during the COVID-19 pandemic.

Answer 101

In lawsuits, employers may argue employee misconduct to minimize liability by showing that the employee violated company policies or acted irresponsibly.

Answer 102

Progressive discipline involves addressing employee issues through escalating steps such as reprimands, performance improvement plans (PIPs), and termination if necessary.

Answer 103

COBRA allows employees who lose their jobs or have a reduction in hours to continue their group health insurance coverage for a limited period of time.

Answer 104

When an employee uses a personal vehicle for work purposes and is involved in an accident, their personal insurance may be primarily responsible for covering damages, though the employer may also share liability.

Answer 105

An attempt to influence a company by targeting another party that does business with them, such as using social media to call for a boycott of a third-party business.

Answer 106

Employees are typically removed from lawsuits when their actions are within the scope of employment, and the employer takes on the legal responsibility.

Answer 107

The burden shifts to the employer to prove a legitimate, non-discriminatory reason for the adverse action.

Answer 108

While FMLA provides job-protected unpaid leave, short-term disability insurance offers partial income replacement during medical leave, complementing FMLA benefits.

Answer 109

It mandates that large employers offer affordable health insurance, expands access to coverage, and sets standards for essential health benefits.

Answer 110

If an employee lies, the employer should terminate them, as dishonesty is toxic to the work environment and undermines trust.

Answer 111

It resets the 180-day statute of limitations for filing an equal pay lawsuit with each discriminatory paycheck an employee receives.

Answer 112

By showing that the employer's stated reason for the adverse action is false and that discrimination was the real reason.

Answer 113

Ensuring testing is conducted legally, maintaining confidentiality, and having clear procedures to handle positive results appropriately.

Answer 114

Compensatory damages include back pay, lost benefits, emotional distress, and other financial losses resulting from the discrimination.

Answer 115

Employers may face back pay obligations, fines, and legal action for failing to comply with minimum wage and overtime requirements.

Answer 116

A form of insurance providing wage replacement and medical benefits to employees injured in the course of employment, serving as an exclusive remedy against employers.

Answer 117

Companies with diverse leadership and board members tend to see fewer EEOC issues and create more inclusive workplaces.

Answer 118

Employees who work over 40 hours per week must be paid time-and-a-half, unless they are exempt. Exempt employees typically hold higher-level, salaried positions or have specialized skills.

Answer 119

Express contracts, common law exceptions, and statutory protections such as anti-discrimination laws

Answer 120

OSHA sets national workplace safety standards, mandates information disclosure about hazards, and requires employers to keep a reasonably safe workplace.

Answer 121

BFOQ allows employers to hire employees based on certain qualifications (e.g., age, gender) if they are reasonably necessary to the normal operation of the business, such as hiring only female attendants for a women’s locker room.

Answer 122

Under 14: Limited to certain jobs like newspaper delivery, with strict hour restrictions. Ages 14-15: Limited hours and prohibited from hazardous work. Ages 16-17: Unlimited hours except for hazardous occupations.

Answer 123

Managers should keep the meeting focused on the issue at hand, while offering to schedule another time to discuss any unrelated concerns raised by the employee.

Answer 124

No, Lawford was terminated due to embezzlement, not because of her harassment report.

Answer 125

A PIP is a formal plan to help employees improve their performance over a set period of time with clear goals, expectations, and potential consequences if performance doesn't improve.

Answer 126

A non-exempt employee is eligible for overtime pay and must be paid at least the federal minimum wage, regardless of salary or job duties.

Answer 127

By imposing financial penalties on employers who do not provide health insurance to their full-time employees, the ACA incentivizes the provision of employer-sponsored health plans.

Answer 128

Employers may use employee misconduct as a defense to argue that the employee acted irresponsibly or violated company policies, thereby reducing the employer's liability.

Answer 129

Indemnification refers to the employer's obligation to cover any legal costs or damages an employee incurs while acting within the scope of their job, especially if they are sued as a result of performing their duties.

Answer 130

No, FMLA provides job protection but does not require employers to provide paid leave.

Answer 131

A cooling-off period occurs when the government intervenes in a strike, typically for essential services like transportation or public safety, and during this time, employees cannot strike.

Answer 132

A legal standard used to determine whether discrimination occurred in hiring and promotion cases.

Answer 133

A work environment becomes hostile when discriminatory conduct is severe or pervasive enough to create an intimidating, hostile, or abusive environment.

Answer 134

A wildcat strike is an unauthorized strike by employees without the union's permission, which is illegal.

Answer 135

Employers must accurately classify employees as exempt or non-exempt and ensure compliance with overtime pay requirements, which can be complex and costly.

Answer 136

It is the process by which union and employer representatives negotiate terms of employment, such as wages and working conditions, in good faith

Answer 137

The Department of Labor oversees compliance, investigates violations, and enforces penalties to ensure employers adhere to FMLA and FLSA regulations.

Answer 138

Employers should implement clear social media policies, provide training on appropriate online behavior, and monitor employee activity when it involves work-related matters.

Answer 139

general protections to the rights of workers to organize, engage in collective bargaining, and use economic weapons like strikes

Answer 140

Refusal to follow a PIP, such as refusing to learn a new skill required for the job, can lead to further disciplinary action, including termination for insubordination.

Answer 141

Compensatory damages compensate the victim for losses, while punitive damages are intended to punish the employer for egregious conduct and deter future violations.

Answer 142

Harassment based on a protected class that is either a condition of employment or is severe enough to create a hostile work environment.

Answer 143

Documenting behavior, such as coaching sessions and warnings, creates a timeline that protects the employer in legal cases and demonstrates consistent management practices.

Answer 144

Keep a personal timeline of inappropriate incidents, including dates and details, and save any relevant emails on a private USB, not a work computer.

Answer 145

Companies can protect themselves by clearly defining who has authority to act on the company’s behalf, providing training, and monitoring employee activities, especially in high-risk areas like contract negotiations.

Answer 146

A hostile work environment occurs when an employee is subject to unwelcome conduct based on their protected class that is severe or pervasive enough to create an intimidating, hostile, or abusive work environment.

Answer 147

The IRS uses a 3-prong test that looks at behavioral control, financial control, and the nature of the working relationship to determine employment classification.

Answer 148

Occupational Safety and Health Act

Answer 149

It allows the principal to cancel a contract and recover any profits that an agent wrongfully earned through unauthorized acts.

Answer 150

While the ACA's employer mandate applies to employers with 50 or more full-time employees, it indirectly affects smaller employers by setting industry standards for health benefits and competition.

Answer 151

Employers can reduce liability in vehicle-related accidents by providing defensive driving training to employees who operate company vehicles, demonstrating that the company took steps to prevent accidents.

Answer 152

It regulates minimum wage, overtime pay, child labor, and classifications of exempt and non-exempt employees.

Answer 153

No, once an employee chooses workers' compensation, they cannot switch to a lawsuit as workers' compensation is the exclusive remedy.

Answer 154

By requiring large employers to offer affordable health plans, the ACA encourages broader access to employer-sponsored insurance and reduces the uninsured population.

Answer 155

The ADA prohibits discrimination against individuals with disabilities, requires reasonable accommodations, and ensures equal employment opportunities.

Answer 156

The Consolidated Omnibus Budget Reconciliation Act mandates that employers offer continued health insurance coverage to terminated employees.

Answer 157

It limits employees to receiving workers' compensation benefits for workplace injuries, preventing them from suing employers for additional damages.

Answer 158

Under Respondeat Superior, an employer is liable for the actions of an employee if those actions are performed within the scope of employment.

Answer 159

the principal may recover damages through rescission and disgorgement or by suing the agent for unauthorized acts

Answer 160

A detour refers to a minor deviation from work duties (e.g., stopping for gas) that does not remove the employer's liability, as it is still within the scope of employment.

Answer 161

Factors include the level of control by the principal, the skill required, who provides tools and workspace, the length of service, and the method of payment.

Answer 162

Courts are more likely to find an agency relationship in a tort case.

Answer 163

The two types are quid pro quo and hostile work environment.

Answer 164

The Employee Retirement Income Security Act (ERISA) sets standards for most voluntarily established retirement and health plans in private industry to protect individuals' benefits.

Answer 165

Retaliation occurs when an employer takes adverse action against an employee for engaging in a protected activity, such as filing a discrimination complaint.

Answer 166

Serious misconduct like safety violations, theft, falsifying documents, and public relations incidents can result in immediate termination.

Answer 167

It provides workers with the rights to organize, engage in collective bargaining, and use economic weapons such as strikes.

Answer 168

The salary threshold was raised to $35,568 per year, up from $23,660 in 2016, with plans for periodic inflation adjustments.

Answer 169

Sit-in strikes, where employees remain inside the workplace while striking, are illegal. Strikers can only protest on public property outside the workplace.

Answer 170

It mandates that large employers offer affordable health insurance to full-time employees or face significant penalties, promoting widespread access to healthcare.

Answer 171

No, if an employee is on a frolic (a personal mission unrelated to work duties), the employer is generally not liable for any actions taken by the employee during that time.

Answer 172

Disparate impact occurs when a neutral policy disproportionately affects a protected class, even if there was no intent to discriminate.

Answer 173

Actions like termination, demotion, or any significant change in employment status that negatively affects the employee.

Answer 174

Empowering bystanders to speak up, promoting civility, having more women in leadership roles, and encouraging the reporting of harassment without fear of retaliation.

Answer 175

In-house attorneys manage the legal defense, help train employees for court appearances, and ensure that the company’s interests are protected, often minimizing the employee's involvement in the legal process.

Answer 176

If an employee substitutes their judgment for that of the employer and it leads to negative consequences, the employer can still be held liable, but may argue that the employee acted outside their authority.

Answer 177

It offers employees income protection during temporary medical leave, enhancing employee support and potentially reducing the need for unpaid leave.

Answer 178

Employers must provide notice 60 days before mass layoffs or plant closures affecting 50 or more employees.

Answer 179

Under respondeat superior, employers can be held liable for the misconduct of their employees if it occurs within the scope of their employment.

Answer 180

Employees may be demoted if they are no longer able to perform at their current level, often due to a decline in ability or health issues.

Answer 181

Accurately classifying employees, meeting salary and duty requirements, and adjusting to changes in exemption thresholds to ensure compliance and avoid penalties.

Answer 182

Implement strict access controls, secure storage for health records, train employees on privacy policies, and limit the collection of unnecessary health information.

Answer 183

The ECPA allows employers to listen to voicemails if it is in the ordinary course of business, but only if the employee has consented to the monitoring.

Answer 184

Children under 14 cannot work (except for specific jobs like newspaper delivery). Children aged 14-15 can work limited hours with no hazardous jobs, while 16-17-year-olds can work unlimited hours but still no hazardous jobs.

Answer 185

Under agency theory, employees are considered agents of their employers, and their actions within the scope of their employment can make the employer liable for those actions.

Answer 186

The EEOC handles employment discrimination claims. Employees must file a complaint within 180 days of an adverse job action, and the EEOC investigates and may sue on behalf of the employee or provide a right-to-sue letter.

Answer 187

The WARN Act requires employers to provide 60 days' notice before conducting mass layoffs or plant closures affecting 50 or more employees, ensuring employees have time to prepare.

Answer 188

It limits employees to workers' comp benefits for workplace injuries, preventing them from pursuing additional legal claims against their employer.

Answer 189

it requires employers to take reasonable steps to protect third parties from harm by an employee

Answer 190

By requiring employers to provide advance notice, allowing employees time to prepare for job loss and seek new employment or training opportunities.

Answer 191

Short-term disability insurance, which typically provides a percentage of pay for a limited period, such as six weeks.

Answer 192

While difficult, employers may argue that the employee was acting outside the scope of employment or engaged in intentional misconduct, potentially shifting liability away from the company.

Answer 193

a disciplinary process that starts with coaching, followed by verbal and written warnings, leading up to potential termination if issues persist

Answer 194

The School District could claim employee misconduct, as they discovered Lawford had embezzled money.

Answer 195

Employers should not specify the type of test and should arrange transportation without implying the reason to avoid liability for DUI claims.

Answer 196

It is a series of escalating steps to address employee behavior, starting from coaching and verbal feedback to termination, depending on the severity and frequency of the misconduct.

Answer 197

During new hire orientation, for safety-sensitive positions, and when there is reasonable suspicion of intoxication.

Answer 198

it allows states to outlaw agreements that force employees to join or continue union membership as a condition of employment

Answer 199

ERISA sets fiduciary standards for plan administrators, ensures proper management of plan assets, and provides participants with information about their benefits.

Answer 200

Employers are typically not liable for employee actions outside of work hours unless those actions are closely tied to the employee’s job or position within the company.

Answer 201

It provides financial support and medical benefits to employees injured on the job, ensuring they receive necessary care without the need for litigation.

Answer 202

Fair Labor Standards Act

Answer 203

The FLSA establishes minimum wage, overtime pay eligibility, recordkeeping, and child labor standards affecting full-time and part-time workers.

Answer 204

Yes, harassment outside of work can impact the workplace if it creates a hostile work environment or affects working relationships.

Answer 205

Employees filing for pregnancy, gender identity, or sexual orientation discrimination must also check the "gender" box, as these are not independently protected classes under federal law.

Answer 206

If an employee deviates significantly from their work route for personal reasons, it is considered a frolic, and the employer may not be liable for any accidents that occur.

Answer 207

The employer has a duty to correct the policy to avoid discriminatory outcomes, such as creating exceptions or modifying the policy.

Answer 208

Actual authority refers to the explicit permission given to an employee to act on behalf of the employer, such as signing contracts.

Answer 209

To give employees adequate time to prepare for mass layoffs or plant closures, including seeking new employment or retraining.

Answer 210

The FMLA requires employers with 50 or more employees to provide up to 12 weeks of unpaid leave for family medical issues, with job protection, within any 12 month period

Answer 211

Exceptions include statutory protections (like anti-discrimination), common law exceptions, and public policy exceptions, such as whistleblowing or refusal to commit illegal acts.

Answer 212

Employers must provide a workplace free from recognized hazards that are likely to cause death or serious physical harm.

Answer 213

COBRA allows former employees to continue their employer-sponsored health insurance temporarily, providing a bridge to other coverage options despite high costs.

Answer 214

If an employee is on a personal mission (frolic) and not performing work duties when an accident occurs, the employer is typically not liable for the employee's actions.

Answer 215

It offers partial income replacement during temporary medical leave, helping employees manage financial needs while maintaining job protection under FMLA.

Answer 216

Punitive damages are awarded to punish employers for particularly egregious or malicious conduct and to deter similar future actions.

Answer 217

Managers should assume that most conflicts stem from miscommunication, approach conversations face-to-face, and focus on solutions rather than blame.

Answer 218

objective facts, a timeline of poor conduct, evidence, avoiding speculation, emotional language, or untrustworthy facts

Answer 219

The employee establishes a prima facie case, the employer provides a legitimate nondiscriminatory reason, and the employee shows that the reason was a pretext for discrimination

Answer 220

To provide employees with up to 12 weeks of unpaid, job-protected leave for certain family and medical reasons, ensuring job protection upon return.

Answer 221

Concerns include public relations disasters, disclosure of confidential information, discrimination, retaliation, threats, and defamation (like “Twibel”).

Answer 222

It limits employees to receiving workers' compensation benefits for workplace injuries, preventing them from pursuing additional legal claims against their employer.

Answer 223

If an employee signs a contract without the authority to do so, the employer may not be bound by the contract unless the employee had apparent authority or the employer later ratifies the action.

Answer 224

While employers technically can sue employees to recoup costs, this is rare, as it would negatively affect employee morale and company culture.

Answer 225

FUTA provides unemployment compensation for workers who lose their jobs due to economic reasons, not those fired for cause.

Answer 226

Employees acting as agents are generally protected from personal liability in legal cases, as long as they were acting within the scope of their employment and not engaging in misconduct.

Answer 227

It allows states to outlaw forced union membership as a condition of employment, commonly referred to as “right-to-work” laws.

Answer 228

The FLSA regulates minimum wage, maximum hours, overtime pay, and child labor. The federal minimum wage is $7.25, but states and localities may have higher minimum wage laws.

Answer 229

It occurs when employment benefits are conditioned on sexual favors.

Answer 230

The ACA requires employers with 50 or more full-time employees to offer affordable health insurance, promoting broader access to healthcare and reducing the uninsured rate.

Answer 231

It starts with coaching or verbal feedback, escalates to written warnings, and can lead to suspension or termination, depending on the severity of the misconduct.

Answer 232

Up to 12 weeks of unpaid, job-protected leave for specific family and medical reasons, ensuring employees can take necessary time off without losing their jobs.

Answer 233

Indefinite leave is not considered a reasonable accommodation, as it provides no certainty about the employee’s return to work.

Answer 234

Unions sometimes use outdated, aggressive negotiation tactics and may advise employees to file complaints unnecessarily, which can harm the employee’s standing.

Answer 235

the test considers the behavioral aspects, financial arrangements, and the working relationship between the principal and the agent

Answer 236

Accurately classifying employees as exempt or non-exempt, adjusting salaries to meet exemption thresholds, and ensuring compliance to avoid penalties

Answer 237

By evaluating the employee's salary level, primary job duties, and classification as executive, administrative, professional, or computer employee.

Answer 238

It requires employers to provide advance notice of mass layoffs, allowing employees time to seek new employment or training.

Answer 239

A reprimand is a formal, written notice given to an employee to address a specific behavior or performance issue, with the expectation of immediate and permanent improvement.

Answer 240

Employees can sign up for short-term disability insurance, which provides a percentage of their pay (e.g., 80%) for about six weeks, typically used for conditions like pregnancy or surgery.

Answer 241

It applies when an employer perceives an employee as having a disability, even if the employee does not have an actual disability.

Answer 242

The federal minimum wage has not been adjusted for inflation since its inception, leading to a significant gap between current earnings and living costs.

Answer 243

HIPAA protects the privacy of healthcare information, but it only applies to healthcare providers. Employers should still treat health information with confidentiality, but it is not covered under HIPAA.

Answer 244

action should be taken promptly either immediately after observing behavior or after investigating allegations

Answer 245

By setting a federal minimum wage, regulating overtime pay, and prohibiting child labor, the FLSA aims to ensure employees are compensated fairly for their work.

Answer 246

The statute of limitations is two years for regular violations and three years for willful violations.

Answer 247

FMLA provides 12 weeks of unpaid, job-protected leave for employees, but only applies to employers with at least 50 employees. It ensures job protection, but not income protection.

Answer 248

employers have no obligation to rehire workers after a strike for economic reasons, but they must rehire unfair labor practice strikers with back pay

Answer 249

NLRA protects workers’ rights to organize, engage in collective bargaining, and strike as part of labor negotiations.

Answer 250

Worker Adjustment and Retraining Notification Act

Answer 251

It occurs when working conditions are so intolerable that a reasonable person would feel compelled to resign.

Answer 252

When an employee acts within the scope of employment, the employer is generally liable for their actions, even if the employee made mistakes or exercised poor judgment.

Answer 253

a pip is used to correct behavior or performance issues, offering clear expectations, time frames, and supportive resources

Answer 254

Agent appears to have authority.

Answer 255

Family Medical Leave Act

Answer 256

An agent can recover damages in court, especially when a principal refuses to reimburse or indemnify the agent for expenses or liabilities incurred during the agency relationship.

Answer 257

Employment-at-will can be altered if the employer acts in a way that implies an employee has protection from termination without cause, even without a written contract.

Answer 258

Apparent authority occurs when a third party reasonably believes that an agent has the authority to act on behalf of a principal, even if the agent lacks actual authority.

Answer 259

If the actions were within the scope of employment, the employer will typically be named as the proper defendant in the lawsuit, removing the employee from individual liability.

Answer 260

Health Insurance Portability and Accountability Act

Answer 261

Tort liability often arises from negligent or wrongful acts committed during the course of employment, whereas contract liability involves breaches of contract, which usually require specific authority to act.

Answer 262

Modifying work schedules, job restructuring, providing interpreters, making facilities accessible, or reassigning the employee to a vacant position.

Answer 263

Minimum wage, overtime pay, child labor standards, recordkeeping, and exemptions for certain types of employees.

Answer 264

Factors include the level of control by the employer, the skill required, the method of payment, and whether the worker provides their own tools and workspace.

Answer 265

Salary level, primary job duties, and classification as exempt or non-exempt based on executive, administrative, professional, or computer employee criteria.

Answer 266

Discrimination against employees who are 40 years or older.

Answer 267

Minimum wage, overtime compensation, child labor restrictions, and exempt/non-exempt employee classifications.

Answer 268

They may face financial penalties of up to $2,000 per full-time employee not offered health insurance, excluding the first 30 employees.

Answer 269

It provides necessary medical care and wage replacement without the need for litigation, ensuring swift support for injured workers.

Answer 270

Collective bargaining involves negotiating contracts between unions and employers, usually covering terms such as wages, benefits, and working conditions.

Answer 271

Employers with 50 or more full-time employees must provide health insurance to their employees or face a penalty of $2,000 per employee above the first 30

Answer 272

Americans with Disabilities Act

Answer 273

Refusal to commit an illegal act or exercising a legal right, such as taking FMLA leave or whistleblowing

Answer 274

It brought awareness to how often harassment complaints are ignored or mishandled, highlighting the power dynamics and enablers within companies.

Answer 275

Employers with 50 or more full-time employees must offer affordable health insurance that provides minimum essential coverage to at least 95% of their full-time employees.

Answer 276

Companies with more than 50 employees must provide health insurance or pay a penalty of $2,000 for each full-time employee over 30.

Answer 277

A neutral policy or practice that disproportionately affects a protected class, even if there was no intent to discriminate.

Answer 278

1. The employee experienced severe or pervasive harassment. 2. The conduct created a hostile or abusive work environment.

Answer 279

Accommodations that allow an employee with a disability to perform job duties, as long as it doesn’t cause undue hardship to the employer.

Answer 280

It leads to the minimum wage becoming increasingly insufficient to meet living costs over time, reducing its effectiveness in providing a livable income.

Answer 281

the IRS's 3 prong test, which looks at behavioral aspects, financial arrangements, and the working relationship between the parties

Answer 282

It requires both parties to engage in good faith negotiations without forcing any specific concessions, while allowing workers to strike to influence contract terms.

Answer 283

Agent is authorized by the principal.

Answer 284

scope of employment, frolics, and detours, and intentional torts

Answer 285

Employers can argue that the employee was acting outside the scope of employment, engaged in a frolic, or committed intentional torts, which limits the employer's liability.

Answer 286

Factors include the degree of direction and control, the skill required, the duration of the work, the payment method, and whether the work is typically done under the principal’s supervision.

Answer 287

public employees' speech must address a matter of public concern, and their free speech interests must outweigh the employer's interest in business efficiency

Answer 288

Employers typically use progressive discipline (e.g., warnings, suspensions) rather than legal action for employee mistakes, unless the mistake is severe or intentional.

Answer 289

It refers to situations where an employee's actions deviate from their scope of employment, potentially absolving the employer of liability.

Answer 290

Employers are generally not liable for accidents that occur during an employee's commute to and from work, as this is considered outside the scope of employment.

Answer 291

Employees who have explicit or implied authority to enter contracts on behalf of the company can create binding obligations for the company, making it important to clearly define authority.

Answer 292

If an employee acts with apparent authority, even without actual authority, the employer may still be bound by the contract if the other party reasonably believed the employee had the authority to act.

Answer 293

The Department of Labor investigates complaints, conducts compliance reviews, and enforces penalties to ensure adherence to FLSA standards.

Answer 294

It mandates that federal contractors provide a drug-free workplace, which includes implementing a drug-free awareness program and taking actions against employees convicted of drug-related offenses.

Answer 295

Employers may argue that an employee was on a frolic to avoid liability if the employee was performing personal tasks unrelated to their job duties when the incident occurred.

Answer 296

Observable signs such as physical evidence, disorientation, confusion, or the smell of alcohol that suggest an employee may be intoxicated.

Answer 297

A structured action plan to address employee performance issues that need time to resolve, providing clear expectations, support, and potential consequences for failure to improve.

Answer 298

Reasons include poor work quality, repeated errors, insubordination, absenteeism, safety violations, theft, and other policy violations.

Answer 299

Labor unions give employees a collective voice to ensure they are heard and prioritized, especially during times when companies focus on profits over wages.

Answer 300

Frolic refers to an employee's major deviation from their duties, while a detour is a minor deviation; employers are typically liable for detours but not frolics

Answer 301

ERISA protects employees' retirement benefits, ensures fiduciary responsibility from plan administrators, and mandates regular reporting and disclosure.

Answer 302

Close timing between protected activity (e.g., reporting discrimination) and an adverse action (e.g., termination) can serve as proof of retaliation.

Answer 303

The ACA ensures access to affordable health insurance, prohibits denial based on pre-existing conditions, and mandates essential health benefits.

Answer 304

Yes, companies can hire temporary or permanent replacement workers during a strike, especially if the strike is for economic reasons.

Answer 305

actual authority, apparent authority, ratification

Answer 306

When a company declares bankruptcy, it may have the legal ability to terminate existing union contracts, which can undermine the protections unions provide to employees.

Answer 307

Employers can assign the employee a role that helps them regain confidence and reintegrate into the workplace, such as teaching others about the mistake they made and how to avoid it.

Answer 308

Employees must have been enrolled in their employer's health plan, experienced a qualifying event (like termination or reduction in hours), and meet other specific requirements to continue coverage.

Answer 309

Yes, an employer can sue an employee for damages caused by their actions, but this is uncommon, as it could hurt employee morale and affect the company's reputation.

Answer 310

Fair Labor Standards Act

Answer 311

An accommodation request is considered an undue hardship if it is overly costly, extensive, substantial, or disruptive, or would fundamentally alter the nature of the business.

Answer 312

The employer can argue that they properly trained the employee, followed company protocols, and that the employee's actions were rogue or irresponsible, thereby reducing potential damages.

Answer 313

Social media can impact public relations, reveal confidential information, damage workforce morale, and lead to legal issues like defamation or discrimination claims.

Answer 314

a negotiation process between employers and a group of employees (usually represented by a union) to determine conditions of employment

Answer 315

Drug and alcohol testing is done during new hire orientation, for safety-sensitive jobs, or based on reasonable suspicion of intoxication. Employers must never let the employee drive themselves to the testing site.

Answer 316

A frolic refers to a significant deviation from an employee's work duties for personal reasons, which removes the employer's liability for the employee's actions.

Answer 317

It involves cases where an employer had both legitimate and discriminatory reasons for an adverse action. If discrimination played any role, it violates the law.

Answer 318

It causes the real value of the minimum wage to decrease over time, making it insufficient to cover rising living costs and reducing its effectiveness in ensuring a livable income.

Answer 319

Workers' comp provides benefits if an employee is injured at work. It's an exclusive remedy, meaning employees must choose between workers’ comp or suing the employer, but cannot switch later.

Answer 320

monitor employee electronic communications on company-owned devices if the employee consents

Answer 321

Race, color, national origin, age, religion, gender, pregnancy, disability, sexual orientation, gender identity, and genetic information.

Answer 322

The WARN Act requires employers to provide 60 days' advance notice of mass layoffs or plant closures, allowing employees time to seek new employment or training.

Answer 323

It allows employees to file pay discrimination claims within 180 days of receiving any paycheck that reflects unequal pay based on discrimination.

Answer 324

ERISA sets standards for plan management, fiduciary responsibilities, participant rights, and disclosure requirements to protect employee benefits.

Answer 325

Exempt employees are typically salaried, hold executive, administrative, professional, or certain computer-related positions, and meet specific salary and duty requirements.

Answer 326

Intent is not necessary for proving disparate impact; the focus is on the outcome, not the employer’s intentions.

Answer 327

The case established that unfair labor practice strikers are entitled to reinstatement with back pay, while economic strikers may be permanently replaced.

Answer 328

Minimum wage, overtime pay, child labor restrictions, and recordkeeping requirements to ensure fair compensation and safe working conditions.

Answer 329

Disparate treatment (overt discrimination) and disparate impact (neutral policies that disproportionately affect a protected class).

Answer 330

It limits employees to workers' comp benefits for workplace injuries, preventing them from suing employers for additional damages.

Answer 331

The ACA mandates that large employers offer affordable health insurance to full-time employees or face penalties, promoting broader access to health coverage.

Answer 332

If an employee is using their personal vehicle for work purposes and is involved in an accident, their personal insurance may be primarily liable, though the employer may also be involved depending on the circumstances.

Answer 333

Implied contracts arise when an employer’s behavior or statements suggest to a reasonable employee that they cannot be terminated without cause, even without a formal contract.

Answer 334

By restricting the types of jobs minors can perform, limiting their working hours, and ensuring safe working conditions to prevent exploitation and injury.

Answer 335

Different wages are paid to employees of the opposite sex, they perform equal work requiring equal skill, and the work is performed under similar conditions

Answer 336

ERISA ensures fiduciary responsibility, protects plan assets, mandates disclosure of plan information, and provides participants with rights to their benefits.

Answer 337

By maintaining clear documentation of layoffs, offering retraining opportunities, and complying with unemployment regulations to minimize wrongful claims and ensure fair processes.

Answer 338

If an employee is driving a company vehicle and is involved in an accident, the employer is generally liable, as it is considered within the scope of employment.

Answer 339

Apparent authority occurs when an employee appears to have authority to act on behalf of the company, even if they do not have explicit authorization.

Answer 340

The Bona Fide Occupational Qualification defense allows employers to make employment decisions based on characteristics like sex or religion if those characteristics are essential to the job.

Answer 341

Clear company policies, especially regarding employee conduct and decision-making authority, help reduce the risk of liability by setting clear boundaries and expectations.

Answer 342

ratification occurs when a principal approves and adopts the actions of an agent, even if those actions were initially unauthorized

Answer 343

it ensures fairness by treating similar situations the same, preventing claims of bias or unfair treatment

Answer 344

Termination, demotion, suspension, threats, transfer, refusal to hire, unjustified negative evaluations, increased surveillance, etc.

Answer 345

Strikes are a powerful tool that unions use to press for better wages, benefits, or working conditions, but they carry risks such as loss of pay and benefits if the strike is for economic reasons.

Answer 346

Company insurance typically covers accidents and incidents that occur within the scope of employment, reducing the financial burden on both the employee and the employer in the event of legal claims.

Answer 347

Exemptions include executive, administrative, professional, outside sales, and certain computer employees, based on salary and job duties.

Answer 348

Regularly review employee salaries, adjust pay to meet exemption thresholds, and accurately classify job roles based on duties and compensation.

Answer 349

Intentional torts, such as theft or assault, are considered deliberate actions by the employee and are often outside the scope of employment, reducing or eliminating employer liability.

Answer 350

It provided additional weekly payments, extended eligibility, and included provisions for self-employed individuals, addressing gaps in the standard unemployment system.

Answer 351

Jobs that require a high level of concentration or involve safety risks, such as operating machinery or transportation roles, often fall under stricter testing regulations.

Answer 352

employee agents, independent contractor agents, and gratuitous agents

Answer 353

If an employee acts outside of their authority or contrary to company policies, they may be personally liable for any resulting damages, and the employer may not be bound by their actions.

Answer 354

By expanding access to affordable health insurance, prohibiting denial based on pre-existing conditions, and setting essential health benefits standards.

Answer 355

Workers' compensation provides benefits to employees who suffer work-related injuries or illnesses, and it is typically the exclusive remedy for such claims.

Answer 356

It requires accurate classification of employees as exempt or non-exempt based on salary and job duties to ensure proper overtime compensation.

Answer 357

1. The employee engaged in a protected activity. 2. The employer was aware of the activity. 3. The employee suffered an adverse employment action. 4. There is a causal connection between the protected activity and the adverse action.

Answer 358

EEOC protections, labor laws, public policy (e.g, refusal to commit illegal acts), express or implied contracts, and tort theories

Answer 359

Employers must ensure proper supervision and oversight to prevent employee misconduct. Failure to do so can result in the employer being held liable for the employee’s actions.

Answer 360

Termination should be considered when an employee has lied, committed an illegal act, caused a public relations issue, or failed to improve after coaching and corrective actions.

Answer 361

The Worker Adjustment and Retraining Notification (WARN) Act requires employers to give 60 days’ notice before mass layoffs affecting 50 or more workers, and to provide retraining.

Answer 362

Overt and intentional discrimination, which can be proven with direct or indirect evidence.

Answer 363

Employers may highlight employee misconduct in court to show that the company did everything in its power to prevent the issue, thereby reducing the amount of damages the company may have to pay.

Answer 364

Exempt employees are not entitled to overtime pay due to their job duties (e.g., management, professional roles), while non-exempt employees are eligible for overtime if they work over 40 hours per week.

Answer 365

In tort cases, employees are more likely to be found liable simply because they are employees, while in contract cases, specific authority is generally needed.

Answer 366

Exceptions include express contracts, common law exceptions, statutory protections like anti-discrimination laws, and public policy violations

Answer 367

Employees who strike for better pay or benefits can lose their jobs, medical benefits, and back pay during the strike period, as employers are not obligated to rehire them.

Answer 368

Employees must have worked for the employer for at least 12 months and at least 1,250 hours during the previous 12 months to be eligible for FMLA leave.

Answer 369

ECPA allows employers to monitor employees' communications on company devices if the employees consent to such monitoring.

Answer 370

Observable signs such as physical evidence of substance use, abnormal behavior, disorientation, or an inability to complete tasks can justify reasonable suspicion for testing.

Answer 371

Bona Fide Occupational Qualification

Answer 372

Protection of plan assets, fiduciary responsibilities, accurate plan information disclosure, and ensuring participants' rights to their retirement benefits.

Answer 373

Termination, suspension, demotion, or any action that negatively affects an employee's job status or conditions, such as negative evaluations or changes in work schedules.

Answer 374

Title VII prohibits employment discrimination based on race, color, religion, sex, or national origin.

Answer 375

Documentation helps prevent disputes, provides objective summaries of issues, tracks patterns of misconduct, and serves as evidence if legal actions arise.

Answer 376

Harassment is only illegal if it targets an individual based on their membership in a protected class.

Answer 377

Termination should occur when employees lie, break the law, create a public relations nightmare, or fail to improve after progressive discipline.

Answer 378

The Health Insurance Portability and Accountability Act (HIPAA) protects the privacy of individuals' health information but primarily applies to healthcare providers, not employers.

Answer 379

If an employer's actions or policies suggest that employees will only be terminated for just cause, this can create an implied contract that overrides at-will employment.

Answer 380

By accurately classifying employees, maintaining proper records of hours worked, paying appropriate wages and overtime, and adhering to child labor restrictions.

Answer 381

Race, color, national origin, age, religion, gender, pregnancy, disability, sexual orientation, gender identity, and genetic information.

Answer 382

The Lassie Method involves keeping employees with bad attitudes engaged and busy with more tasks to prevent them from becoming disruptive.

Answer 383

it holds that a principal may be liable for an agent's tort, commonly negligence, even if the principal did not engage in any wrongful conduct

Answer 384

an individual employee authorized to transact business on behalf of the employer principal

Answer 385

Employers must ensure that exempt employees meet the new salary threshold of $35,568 per year to qualify for exemption from overtime.

Answer 386

The employee engaged in protected activity, the employer was aware of it, the employer took adverse action, there was a causal connection between the two

Answer 387

The WARN Act requires employers to give 60 days' notice to employees before large-scale layoffs or plant closures affecting 50 or more workers.

Answer 388

A lockout occurs when an employer shuts down operations to prevent employees from working, often in anticipation of a strike.

Answer 389

Yes, by reporting sexual harassment to Human Resources.

Answer 390

A situation where working conditions are so intolerable that a reasonable person would feel compelled to resign.

Answer 391

Minimum wage, overtime pay, record keeping, and child labor standards.

Answer 392

Yes, technically an employer can sue an employee for damages caused by their actions, but this rarely happens as it could damage employee morale and company culture.

Answer 393

Removing the employee's name from the lawsuit means the employee is no longer personally liable, does not face the stress of litigation, and avoids financial responsibility for legal costs.

Answer 394

The ACA requires large employers to offer affordable health insurance to their full-time employees, promoting broader access to healthcare and reducing the uninsured rate.

Answer 395

Employers may face significant fines, legal action, and increased liability for workplace accidents and injuries resulting from non-compliance.

Answer 396

Paying overtime may be more cost-effective than increasing salaries to qualify exempt employees, especially for high-salary positions.

Answer 397

A federal program that provides retirement, disability, and survivors benefits, funded through payroll taxes.

Answer 398

The ECPA allows employers to monitor employees' electronic communications on company-owned devices, as long as employees consent to the monitoring

Answer 399

While FMLA provides unpaid leave with job protection, short-term disability insurance offers partial income replacement during medical leave.

Answer 400

Provide timely written notice to affected employees and local government, offer retraining programs, and maintain transparent communication during layoffs or closures.

Answer 401

If the employee did not have actual authority but acted as if they did, the employer could still be held liable under Apparent Authority if the third party reasonably believed the employee had authority.

Answer 402

As of January 1, 2020, the salary threshold for overtime exemption is $35,568 per year, increased from the previous $23,660 threshold

Answer 403

Federal Unemployment Tax Act

Answer 404

Medical expenses, wage replacement, rehabilitation services, and death benefits for employees injured or killed due to work-related activities.

Answer 405

Coaching helps employees improve before issues escalate, and it is considered a preemptive measure to avoid formal disciplinary actions like PIPs or reprimands.

Answer 406

Non-compliance can result in legal penalties, loss of fiduciary status, and diminished trust from employees regarding their retirement benefits.

Answer 407

Employers may argue that a policy causing a disparate impact is justified by a business necessity if it is essential to the safe and efficient operation of the business.

Answer 408

They determine whether an employee is eligible for overtime pay based on salary level, job duties, and professional classification.

Answer 409

an employment at will relationship may convert to a contract relationship if the employer's actions suggest protection from termination without cause

Answer 410

Consolidated Omnibus Budget Reconciliation Act

Answer 411

ERISA sets standards for plan administration, requires fiduciary responsibility, ensures accurate reporting, and provides participants with information about their benefits.

Answer 412

By promptly addressing injuries, maintaining proper documentation, and ensuring compliance with workers' comp regulations to avoid disputes.

Answer 413

principals are liable for the actions or omission, such as negligence, of employee agents

Answer 414

is an individual employee authorized to transact business on behalf of the employer principal, making the principal liable for the employee's actions or omissions (such as negligence).

Answer 415

ERISA requires that employees become vested in their benefits over time, ensuring they are entitled to benefits after leaving the employer.

Answer 416

By setting fiduciary standards, ensuring proper management of plan assets, and providing participants with detailed information about their retirement plans.

Answer 417

Lawford could receive back pay, reinstatement, and compensatory damages.

Answer 418

The Department of Labor oversees and enforces various employment laws, including FMLA, FLSA, OSHA, and the ACA, ensuring compliance and addressing violations.

Answer 419

a lockout is when an employer shuts down the business to prevent employees from working often in anticipation of a strike

Answer 420

The act requires that men and women receive equal pay for performing jobs requiring equal skill, effort, and responsibility, under similar working conditions.

Answer 421

Employers may monitor employee communications on company-owned devices if the employee consents

Answer 422

It requires employers to take reasonable steps, such as background checks, to protect third parties from harm caused by employees.

Answer 423

The ACA requires employers with more than 50 full-time employees to provide health insurance or face a fine of $2,000 per employee, excluding the first 30 employees.

Answer 424

Employers may face fines of up to $2,000 per full-time employee not offered coverage, excluding the first 30 employees.

Answer 425

Employees should maintain a personal timeline of incidents, including any inappropriate behavior, and document any related communications to protect themselves in case of future disputes.

Answer 426

Employers often focus on showing that the employee’s actions were not representative of company policy or training to minimize liability, sometimes disciplining or firing the employee to strengthen their defense.

Answer 427

Employment-at-will allows termination without cause, but exceptions include statutory protections, implied contracts, and public policy (e.g., whistleblower protection).

Answer 428

Non-exempt employees must be paid time and a half for any hours worked beyond 40 hours in a single workweek.

Answer 429

Debates focus on solvency issues, with proposals to raise the retirement age or reduce benefits to ensure long-term sustainability.

Answer 430

Social Security is a benefit system paid into by workers, which provides financial support during retirement. Economists argue over how to keep it solvent, with suggestions like raising the retirement age or reducing benefits.

Answer 431

OBRA can be prohibitively expensive as employees must pay the full premium, including the portion previously covered by the employer, making it less accessible for many.

Answer 432

The salary threshold for overtime exemption was increased to $35,568 annually, aligning more closely with current living costs and reducing the number of exempt employees.

Answer 433

Only when the employee or Human Resources has notified them of the need for accommodation. Obvious disabilities or safety concerns may require an employer to act without notification.

Answer 434

Yes, if an employee signs a contract without authority, they may be personally liable for any resulting damages, especially if the employer had not authorized them to act in that capacity.

Answer 435

a process in which both parties are required to engage in good faith negotiations, though they are not required to concede any particular term

Answer 436

No, HIPAA does not provide a private right of action for individuals to sue employers for privacy violations.

Answer 437

It allows employers to terminate employees with or without advance notice or cause, with certain exceptions like express contracts or statutory protections.

Answer 438

A principal may be held liable for an agent’s torts under the doctrine of respondeat superior, particularly if the tort occurred within the scope of employment.

Test 2 Flashcards

(462 cards)