Ch 21 Flashcards
Worker Adjustments and Retraining Notification Act (WARN Act)
Provides restrictions on plant closing and mass layoffs
Fair Labor Standards Act (FLSA) 1938
Establishes minimum wage, overtime pay, record keeping
Requirements and child labor standards
Family Medical Leave Act (FMLA)
Provides unpaid leave to care for newborn child, adopted
Child, care for family member, serious health conditions
Uniformed Services Employment and Reemployment Rights Act (USERRA)
Provides Reemployment rights after performing uniformed
Service
Provides those in military the right to be free from
discrimination and retaliation based on uniformed service
Occupational Safety and Health Act (OSHA)
Provides standards for safe and healthy work environment
Social security act
Provides unemployment compensation
Disability benefits
Employment Retirement Income Security Act (ERISA)
Provides requirements for private pension plans
Electronic Communications Privacy Act
Provides standards to protect privacy
Railway Labor Act, Norris-LaGuardia Act, Wagner Act, Taft-Hartley Act, Landrum-Griffin Act
Provide national policy for governing union-management
Relationship
What is the minimum age for employment set by the FLSA?
14 years old
What are the time requirements for the WARN notice, and how should it be presented?
Delivered at least 60 days before closing
Must be in writing
Which employers does the WARN notice apply to
Employers with 100 or more full time employees
How much time does the family Medical Leave act provide for?
12 weeks unpaid leave within 12 month period
Employment at will doctrine
Unless employees contracted for definite period of
Employment (such as 1 year)
employers able to discharge without cause any time
Federal statutes limiting employment at will doctrine: Labor management relations act
Prohibits discharge of union activity or for filing charges
Under the act
Federal statutes limiting employment at will doctrine: Fair labor standards act
Forbids discharge for exercising rights guaranteed by
Minimum wage and overtime provisions of act
Federal statutes limiting employment at will doctrine: Occupational safety and health act
Prohibits discharge for exercising rights under act
Federal statutes limiting employment at will doctrine: civil rights act
Makes illegal discharge based on race, sex, color,
Religion or national origin
Federal statutes limiting employment at will doctrine: age discrimination employment act
Forbids age-based discharge of employees over age 40
Federal statutes limiting employment at will doctrine: Employee Retirement Income Security Act
Prohibits discharge to prevent employees from getting
vested pension rights
Federal statutes limiting employment at will doctrine: Clear Air Act
Prevents discharge of employees who cooperate in
Proceedings against an employer for violation against act
Federal statutes limiting employment at will doctrine: Clean Water Act
Prevents discharge of employees who cooperate in
Proceedings against an employer for violation against act
Federal statutes limiting employment at will doctrine: Consumer Credit Protection Act
Prohibits discharge of employees due to garnishment of
wages for any one indebtedness
Federal statutes limiting employment at will doctrine: Judiciary and Judicial Procedure Act
Forbids discharge of employees for service on federal
Grand or petit juries
Workers compensation laws
State statutes designed to protect employees and their
Families from risks of accidental injury, death or disease
Resulting from employment
What 3 defenses has common law provided to help employer escape tort liability?
1 assumption of risk
2 contributory negligence
3 fellow-servant rule
Assumption of risk
Knowing taking on dangerous task
Fellow servant rule
When injury occurs because another employee, that
Employee is liable instead of the employer
Exclusive remedy rule
Rule written into all compensation statutes
States that an employee’s sole remedy against an employer
For workplace injury or illness is workers’ compensation
Workers’ compensation laws apply only to…
Accidentally injured workers
Employment eligibility verification (form I-9)
US employers must complete this form for each individual
They hire
Paper fortress
Documentation consists of job descriptions, personnel
Manuals and employee personnel files
Serve as protection against unjustified employee lawsuits
