Ch 21 Class Notes Flashcards
Consolidated Omnibus Budget and Reconciliation Act (COBRA)
1985
Benefits continuation
Health insurance if between jobs for up to 18 months
Probably won’t be relevant after affordable care act
Fair Labor standards act
Minimum wage and overtime
Who does the FLSA law apply to, who doesn’t it?
Individual must be an employee and work over 40 hours/week
What does exempt from FLSA mean?
Not covered under the FLSA
Under FLSA non exempt are required to get…
Overtime pay if they work over 40 hours
Under FLSA: what do you deduct from work time, when you have to travel longer to work, when calculating pay?
Would the worker get paid overtime?
Deduct lunch and normal travel time to work
Must pay overtime if non-exempt
Company has policy that employee can’t work through lunch. If employee tells supervisor he wants to work through lunches so he can get out early Friday, what should supervisor do?
Tell the employee that’s not allowed
Discipline him if he continues to do so
FMLA: time off
Up to 12 unpaid weeks leave of absence in 1 year period
If employer terminates employee after 12 weeks of FMLA…
What must employer make effort to do?
This violates ADA
Employer must make effort to provide ADA
Why do employers hate FMLA
Laws are hard to comply with
2 main requirements under OSHA?
1 set industry standards for issues that can give rise to
Hazards in the workplace
2 general duty clause
General duty clause, examples
Keep places free from death and serious bodily harm
Ex. Heavy machinery, molds (toxic), machinery without
Protection
OSHA standards for machines
Employer must regularly inspect machines or they will be
Held liable against OSHA standards
Wrongful discharge of action
When employee refuses to participate in criminal activity
And the employer retaliates, this leads to wrongful discharge
Employee Retirement Income Security Act (1974)
Protects workers private pensions
Pensions are insured
When does workers comp apply? 2) what do most companies do about it
Applies when injured can’t get punitive or compensatory
Damages
2 most employers have workers comp insurance
3 main benefits under workers compensation
1 cover medical
2 wage/salary continuation
3 death benefits
Federal unemployment tax act (1935) 3 requirements for eligibility
1 terminated involuntarily (not fired for cause)
2 able and available to work
3 seeking employment
Federal Unemployment Tax Act (1935), duration and amount
26 weeks and based on salary
Unemployment benefits: Willful misconduct
Employer has burden of proof to establish willful misconduct
Of employee so they don’t have to pay them unemployment
Ex. Stealing, bad language, violence
Unemployment compensation: resignation
If employee resigns, they will almost never get unemployment compensation (unless for sexual harassment)
What is invasion of privacy a form of?
Tort
Can an employer hire only non smokers?
Yes, there’s no federal protection for smokers
Employers are allowed to hire nonsmokers, as they save
A lot on health costs
Can an employer force and employee to work out?
No, but they can incentivize them by giving them a discount
On health insurance for working out
Can employer take disciplinary action based on employees conduct outside or work?
Yes is there’s an ethics or morality clause
Larry a machine operator is concerned that the cardboard bale he is working on should have a safety shield to protect his arms. He is worried that if he reports his concerns he will be put on night shift. What should he do? Does he have any protection issue if he reports the issue?
OSHA will protect him from retaliation, however he must
Rely in OSHA to protect him
Because he can’t take private cause of action
Employee handbooks
Like contracts, so if employer violates policy, that’s a breach
Of contract
However, every hand book now has a disclaimer saying
It isn’t a breach of contract
Is being verbally told you wouldn’t be fired an enforceable contract?
Yes
If an employee makes a commission for a company, but is fired before he can collect it entitled to the commission?
Employee only entitled to commission if still employed
