Ch 14. Fair Labor, Family Medical Leave, Residency, Drug Testing, Electronic Monitoring, Digital Imagery, and Social Networking Flashcards
___ was originally passed to address concerns over minimum wage, maximum hours, overtime, and child labor. (456)
The Fair Labor Standards Act (FLSA)
Enforcement of the FLSA is the responsibility of ___. (456)
the United States Department of Labor (DOL)
Individuals are considered to be ___ if they receive no compensation or are paid only for expenses, reasonable benefits or a nominal fee. (457)
volunteers
A ___ is generally defined as not exceeding 20% of the wages paid to a full-time person performing the same services in the area, and cannot be directly tied to time spent or productivity. (457)
nominal fee
The FLSA definition of employee does not include people who ___. (457)
volunteer their services
The ___ applies to any personnel engaged in “fire protection activities” for a public employer and says that they are entitled to OT only if their average weekly hours exceed 212 hours in a 28-day period. (458)
firefighter’s exception, or the “7(k) exception”
A state, a political subdivision of a state, or an interstate governmental agency. (460)
A public agency
The FLSA provides an exemption from the overtime requirements for employees who are engaged in ___ capacity. (461)
an executive, administrative or professional
___ are those involved in the overall management of the business. (461)
Executive employees
___ are those working in non-manual jobs that involve the exercise of discretion and independent judgment. (461)
Administrative personnel
___ are highly skilled employees, such as attorneys, doctors, and engineers, whose work is primarily intellectual in nature. (461)
Professionals
Under FLSA, ___ are ignored when calculating hours worked by firefighters. (473)
substitutions and early reliefs
Public safety workers, including firefighters, may accrue a maximum of ___ hours of comp time, while non-public safety personnel are limited to ___ hours. (475)
480 hours; 240 hours
Upon termination of employment, an employee with accred comp time must be paid for any unused comp time at a tare not less than either ___. (475)
A) the average wage she received during the preceding three years or
B) her final regular wage
Employers must keep FLSA-required records for ___ for all employees who work under the wage and overtime requirements of the FLSA. (476)
3 years
The ___ division of the U.S. Department of Labor enforces the FLSA. (476)
Wage and Hour
Normally, claims for violations of the FLSA are subject to a ___ statue of limitations. (476)
2 year
If the DOL or the claimant employee can prove a willful or reckless violation, the statute of limitations is extended to ___. (476)
3 years
The ___ was intended to protect workers who need to take time off for certain family or personal medical conditions, without risking the loss of their jobs. (477)
Family and Medical Leave Act (FMLA), provides up to 12 weeks unpaid leave per year
In order to be eligible for FMLA coverage, an employee must have worked for the employer for at least ___, and worked at least ___. (477)
12 months, and worked at least 1250 hours over the preceding 12 months. (FLSA principles used to determine compensable hours worked)
Any leave that is for birth and care of a child, or placement for adoption or foster care, cannot be taken after ___ of the birth or placement. (477)
12 months
___ is where a person has a residence with intent to reside permanently. (487)
Domicile
Drug testing is considered to be ___ , and in order to be upheld, the testing must be reasonable.
a Fourth Amendment search
The Supreme Court identified 3 factors that must be considered when determining the reasonableness of drug tests: (488)
1) the nature of the privacy interest that the search impacts
2) the extent to which the search intrudes on the employee’s privacy
3) the importance of the governmental interest, along with the ability of the procedure used to address that concern
3 groups of legal problems associated with on-duty use of cameras: (497)
1) cameras capture things that may be embarrassing, a breach of privacy/confidentiality, or illegal.
2) cameras capture things that may be relevant to a legal proceeding and as such constitute evidence.
3) When a public employee takes a photo or video in the course of his work, the imagery is a public record.
___ is the destruction or loss of evidence that is relevant to a legal proceeding. (499)
Spoliation of evidence
For a [digital imagery] policy to be effective, it must be __3__. (500)
1) well researched
2) well written
3) most of all, reasonable for the department
4 areas that should be addressed by a digital imagery policy: (500)
1) Taking of images (who can take them)
2) Proper handling of all images that are taken
3) Ownership of the images (department should assert ownership)
4) Procedure for personnel to obtain copies of images
Among the biggest concerns that the social media policy must address is that personnel avoid becoming viewed by the public or the media as ___. (502)
a spokesperson for the fire department
