Chapter 31 - Employment and Labor Law Flashcards
1
Q
Minimum Wage
A
- $7.25 per hour - can’t be less.
- Established by the Fair Labor Standards Act (FLSA).
- If fed and state min wage conflict, the employee gets the higher rate.
2
Q
Overtime
A
- As an hourly employee, if I work more than 40 hours, I should be paid OT unless I am an exempt employee.
- Time and a half = OT
- Likely exempt = executive position, not exempt = production.
3
Q
FLSA
A
- Fair Labor Standards Act
4
Q
Davis v. J.P. Morgan Chase & Co.
A
- Employee was an underwriter working over 40 hours.
- Classified as exempt, but shouldn’t have been.
- J.P. Morgan misclassified.
- Court ruled that since the employee had been doing a production type of work, that they should have received OT.
- Chase lost.
5
Q
Child Labor
A
- Applies to children under age 18.
- There are restrictions for different age groups
- Under 14: paper routes
- 14-15: restricted # of hours.
- 16-17: safety issues
6
Q
Workers’ Compensation
A
- If I am injured on the job, I still get paid for a period of time through w/c.
- State syatem; employers pay into it.
- General Rule: if a person receives w/c, they can’t sue the er for tort unless the er failed to maintain a safe working condition or if intentionally caused danger.
- Applies if ee is injured “in scope of business”.
7
Q
Workplace Safety
A
- OSHA - enforce safety standards
- Regulates workplace safety.
- If an accident, the er reports to OSHA.
- Impose fines and penalties for noncompliance.
8
Q
OSHA
A
- Occupational Safety and Health Act.
9
Q
COBRA
A
- Consolidated Omnibus Budget Reconciliation Act.
- If an ee is terminated, they still have coverage for 18 months, but they have to pay. Very expensive.
10
Q
HIPAA
A
- Health Insurance Portability & Accountability Act.
- Prevents sharing of medical info. and history.
11
Q
FMLA
A
- Family Medical Leave Act
- Protects the ee from being treated unfairly for taking time off
- Employee is entitled to 12 weeks of unpaid leave.
- Serious health issues for family members, new baby, etc.
- UNPAID
- Only applies to employers with more than 50 employees and to full-time employees who have been on the job more than 1 yr.
12
Q
FUTA
A
- Federal Unemployment Tax Act
- Provides compensation for unemployed who lost job without fault.
- Employer pays.
- Administered by the states.
13
Q
FICA
A
- Federal Insurance Contribution Act
- Social Security & Medicaire
- Employee withheld, employer matches portion.
- Social Security covers retirement, Medicaire for medical costs when getting older.
14
Q
ERISA & Retirement Plans
A
- Employee Retirement Income Security Act.
- Governed by the department of labor and the IRS (tax issues)
- Vesting schedules: after 5 yrs, ee “vests” 100% of whatever they put in = cliff vesting if you leave.
- Disclosures to ees about requirements, participation standards, etc.
15
Q
Employee Privacy
A
- Employers can monitor any emails made on computers at work.
- Employer can not monitor phone calls or voicemail without consent of ee.
- Typically can’t put a camera in an office unless notified.
16
Q
Norris-LaGuardia Act
A
- Employees can strike
- Employers can’t say you can’t strike as an employee.
- Can’t force ees to sign “yellow dog” contracts.
17
Q
NLRA
A
- National Labor Relations Act
- Allowed workers to form unions
- Administered by the NLRB.
18
Q
NLRB
A
- National Labor Relations Board
19
Q
LMRA
A
- Labor-Management Relations Act
- Curbed union power and requires management and unions to engage in fair labor practices.
20
Q
Bally’s Park Place v. NLRB
A
- A casino had an employee causing trouble by talking about forming a union among employees.
- Unions cause trouble for management.
- Employee said under FMLA he was taking time off. HE was found at a rally.
- Employee was fired and sued.
- NLRB won and the casino lost.
