11) Employment Law Flashcards

1
Q

Employment Law

A

Protection for employees

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2
Q

Employment at Will

A

Employee who’s free to terminate employment at any time (still need to give notice approximately equal to your vacation)

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3
Q

Employment Under Contract

A

Works under a contract for specified length of time

  • PT’s in school-districts or academia
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4
Q

1947 Taft Hartley Act

A

Can’t fire employees without a good reason

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5
Q

Are PT’s unionized employees?

A

No

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6
Q

What are some hospital-based bargaining units?

A
  • MD’s
  • RN’s
  • HCP’s
  • Techs
  • Skilled Maintenance
  • Other non-HCP’s
  • Clerical employees
  • Security guards
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7
Q

Age Discrimination in Employment Act (1967)

A

Recruitment, selection, training, promotion, and conditions of employment

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8
Q

Older Workers Benefit Protection Act (1990)

A

Benefits protection

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9
Q

What is true about employers and civil rights?

A

They can’t discriminate based on race, color, religion, sex, national origin, or disabilities

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10
Q

What are prohibited pre-employment inquiries?

A
  • Race, ethnicity, national origin
  • Marital status, parental status, and sexual orientation
  • Religious practices
  • Disabilities
  • Age
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11
Q

What are some pre-cautionary pre-employment inquiries?

A
  • Height
  • Weight
  • Educational Level
  • Criminal Convictions
  • Military d/c if less than honorable
  • Financial status
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12
Q

What is the ADA definition of disability?

A

Physical/mental impairment that substantially limits 1 or more life activities

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13
Q

What are the exclusions from ADA?

A
  • Current drug abuse/Illegal use
  • Compulsive gambling
  • Kleptomaniacs/Pyromaniacs
  • Sexual Problems w/Behavioral Disorders
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14
Q

When can pre-cautionary pre-employment inquiries be asked?

A

If they’re job related

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15
Q

What is the difference between employees and independent contractors?

A

When you’re an employee, someone makes your schedule but when you’re an independent contractor you make your own schedule

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16
Q

What are the areas of concern for independent contractors?

A
  • Vicarious liability
  • Negligent selection and retention
  • Failure to monitor quality on contracted situations
  • Tax consequences
17
Q

What are some actions you should take before firing an employee bc they did something bad?

A
  • Don’t d/c the pt on the spot
  • Prompt a full investigation of the offense
  • Get some legal advice
  • Ground disciplinary termination on some reason and tell the employee in person if possible
  • Document everything
  • Maintain records for statute of limitations
18
Q

Restrictive Covenant

A
19
Q

OSHA

A

Adopts and enfores health and safety standards

20
Q

What does OSHA say about the communication of hazards?

A
  • Info must be available about the ID’s and hazards of the chemicals
  • Requires the devo and dissemination of such info