Ch.42

Question 1

Fair Labor Standards Act (FLSA) covers?

Answer 1

Covers all employers engaged in interstate commerce

Question 2

What does FLSA do for employees federally?

Answer 2

• Currently, $7.25/hr at the Federal level
• Overtime pay - Over 40 hrs in any one week is adjusted to 1.5x;
• Working Holidays - Any holiday worked for regularly scheduled employees is 2x

Question 3

How has the minimum changes over the years?

Answer 3

• 1977 - $2.30
• 1991 - $4.25
• 2009 - $7.25

Question 4

What does the Family Medical Leave Act (FMLA) cover?

Answer 4

Covered employers are required to provided up to 12 weeks of leave during any 12 month period.

For 50 or more employees, for at least 20 work weeks

Question 5

When do employers allow medical leave?

Answer 5

• Birth or adoption of child within 1 year of birth/adoption
• Foster child
• Care of spouse, parent, or child diagnosed with serious health condition
• Serious health condition that renders employee unable to perform any essential
  functions of job
• Spouse, child, or parent called to active duty

Question 6

What is the employer required to do during leave

Answer 6

Provide health benefits
Allow employee to return to same or similar position

Question 7

What is the purpose of Workers compensation Insurance Laws?

Answer 7

It provides financial compensation to employees when injured on the job and dependents when covered employee killed on the job

Question 8

How does someone file a claim under workers compensation insurance?

Answer 8

• they an employee
• both employer and employee are covered by state workers’ compensation program
• Injury occurred on the job

Question 9

What does the Consolidated Omnibus Budget Reconciliation Act do?

Answer 9

Provides health benefits to employees who lose their jobs or heave their hours reduced to level at which they are not eligible for employer health benefits

Question 10

How long does COBRA last?

Answer 10

For up to 18 months

Question 11

When are employees not eligible for COBRA?

Answer 11

Employee fired for gross misconduct

Employer eliminates benefits for all employees

Question 11

How pays the premiums for COBRA?

Answer 11

employees

Question 12

What is the Employee Retirement Income Security Act (ERISA)

Answer 12

Federal law protecting individuals enrolled in retirement by requiring plan administrator
to provide certain information to employees

Question 13

What does ERISA require?

Answer 13

Requires employers to provide pension/health plan participants with plan information

Question 14

What information does ERISA provide?

Answer 14

• Features and funding
• Assurances of fiduciary responsibility of those in charge of managing and controlling
  plan assets
• Grievance and appeals process for participants to receive benefits from plan
• Right to sue for benefits and breaches of fiduciary duty

Question 15

What is the Occupational Safety and Health Act of 1970 (OSHA)?

Answer 15

Federal law that requires every employer to “furnish to each of their employees . . .
employment . . . free from recognized hazards that are likely to cause death or serious
physical harm”

Question 16

Who set the rules for OSHA?

Answer 16

The Occupational Safety and Health Administration is responsible for setting safety standards under OSHA

Question 17

Who enforces/ensure compliance in OSHA?

Answer 17

The Occupational Safety and Health Administration is responsible for enforcing the act
through inspections and levying of fines against violators

Question 18

What is the Omnibus Crime Control and Safe Streets Act of 1968?

Answer 18

• Private telephone conversations of employees
• Employers may ban personal calls and monitor calls for compliance, provided that they
  discontinue listening to any conversation once they determine it is personal
• Employers may be subject to fines of up to $10,000

Question 19

The Wagner acts does what?

Answer 19

allows unions and provides for negotiations between Employer and Union to determine conditions of employment

Question 20

What is Electronic Communications Privacy Act (ECPA) of 1986?

Answer 20

• Employees’ privacy rights extend to electronic forms of communication, including email
  and cellular phones
• ECPA outlaws intentional interception of electronic communications and the intentional
  disclosure/use of information obtained through such interception

Question 21

What laws enacted affect union?

Answer 21

Wagner Act of 1935
Taft-Hartley Act of 1947
Landrum-Griffin Act of 1959

Question 22

What does the Taft Hartley Act do?

Answer 22

Amended Wagner Act to limit some of the powers unions acquired under Wagner Act

Question 23

What does the Landrum Griffin Act do?

Answer 23

• Focuses on labor union internal operations
• Requires certain financial disclosures by unions
• Establishes civil and criminal penalties for financial abuses by union officials
• “Labor’s Bill of Rights” (contained in Landrum-Griffin Act) designed to protect
  employees from their own unions

Question 24

How do we enforce union rules?

Answer 24

Thanks to the National Labor Relations Board (NLRB

Question 25

What does the NLRB do?

Answer 25

Administrative agency formed to interpret and enforce National Labor Relations
Act

Question 26

What are the NLRB’s primary functions?

Answer 26

• Monitoring conduct of employer and union during an election to
  determine whether workers want to be represented by a union
• Preventing and remedying unfair labor practices by employers/unions
• Establishing rules to interpret the National Labor Relations Act

Question 26

How does the National Labor Relations Act affect dealings with unions?

Answer 26

Both employer and employee bargaining unit representative must:
* Meet at reasonable times and confer in good faith
* Sign a written agreement if one is reached
* 30 / 60 Day notice
* 30 days - Federal/State mediation services in event of pending dispute over new
agreement
* 60 Days - Intent on terminating/modifying existing contract with offer to confer
over proposals AND
* During 60-day notice period, No strikes nor Lockouts

Question 27

What are union options in negotiating contracts with employers?

Answer 27

• Strike
• picket
• Boycott

Question 28

What is a strike?

Answer 28

Temporary, concerted withdrawal of labor

Question 29

What is a boycott?

Answer 29

Refusal to deal with, purchase goods from, or work for a business

Question 30

What is a picket?

Answer 30

designed to inform public of labor dispute

ex. a speech