Chapter 31: Employment, Worker Protection, and Immigration Law Flashcards
term employee
an employee who has an employment contract with an employer for a stated time
wrongful discharge
the termination of an employee subject to a term employment contract by an employer w/o cause during the stated period of the employment contract
labor union exception
a rule that restricts an employer’s ability to discharge an at-will employee who is a member of a labor union. certain procedures must be followed to seek their discharge
public policy exception
a law that states that employees, including at-will employees, cannot be discharged by an employer if such discharge violates public policy
statutory exception
a law the prohibits employers from refusing to hire, not promoting, or discharging at-will or term employees in violation of federal and state statutes. employees cannot be discharged because of their race, national origin, color, gender, religion, age, or disabilities, or for being a member of other protected classes
exclusive remedy
a sole remedy for employees who are covered by workers’ comp and have been injured on the job. thus, workers have given up their right to sue their employer for damages. there are seveal exceptions to this rule
specific duty standards
occupational safety and health administration (OSHA) standards that address safety problems of a specific nature (e.g. a requirement for a safety guard on a particular type of equipment
general duty standard
an occupational safety and health administration (OSHA) standard that requires an employer to procide a work environment free from recognized hazards that are causing or are likely to cause death or serious physical harm to employees
fair labor standards act (FLSA)
a federal statute enacted to protect workers. it prohibits child labor and sets minimum wage and ovetime pay requirements
EAP exemptions (white-collar exemptions)
exemptions from federal ovetime pay rules for white-collar workers who are paid a salary above a certain dollar amount and/or perform certain job duties
executive employee exemption
an exemption from federal minimum wage and ovetime pay requirements that applies to executives who are compensated on a salary basis, who engage in management, who have authority to hire employees, and who regulalry direct two or more employees
administrative employee exemption
an exemption from federal minimum wage and overtime pay requirements that applies to employees who are compensated on a salary or fee basis, whose primary duty is the performance of office or nonmanual work, and whose work includes the exercise of discretion and independent judgment w/ respect to matters of significance
learned professional employee exemption
an exemption from federal minimum wage and overtime pay requirements that applies to employees compensated on a salary or fee basis who perform work that is predominantly intellectual in character, who possess advanced knowledge in a field of science or learning, and whose advanced knowledge was acquired through a prolonged course of specialized intellectual instruction
creative employee exemption
an exemption from federal minimum wage and overtime pay requirements that applies to employees compensated on a salary or fee basis, who perform work that requires invention, imagination, originality, or talent in a recognized field of artistic or creative endeavor
highly compensated employee exemption
an exemption from federal minimum wage and overtime pay requirements that applies to employees who are compensated on a salary basis ($107,432/yr or $642/wk), perform office or nonmanual work, and regularly perform at least one of the duties of an exempt executive, administrative, or professional employee
computer employee exemption
an exemption from federal minimum wage and overtime pay requirements that applies to employees compensated either on a salary or fee basis; are employed as computer systems analysts, computer programmers, software engineers, or in similarly skilled occupations in the computer field; and are engages in the design, development, documentation, analysis, creation, testing, or modification of computer systems or programs
outside sales representative exemption
an exemption from federal minimum wage and overtime pay requirements that applies to employees whose primary duty is making sales or obtaining orders or contracts for services, who are customarily and regularly engaged away from the employer’s place of business, and who will be paid by the client or customer
teacher exemption
an exemption from federal minimum wage and overtime pay requirements that applies to employees who have a primary duty of teaching, tutoring, instructing, or lecturing in an activity of imparting knowledge, and who do so in an educational establishment
family and medical leave act (FMLA)
a federal statute that guarantees workers up to 12 weeks of unpaid leave in a 12-month period to attend to family and medical emergencies and other specified situations
consolidated omnibus budget reconciliation act (COBRA)
a federal statute that permits employees and their beneficiaries to continue their group health insurance after an employee’s employment has ended
employee retirement income security act (ERISA)
a federal statute designed to prevent fraud and other abuses associated with private pension funds
vesting
a situation that occurs when an employee has a nonforfeitable right to receive pension benefits
federal unemployment tax act (FUTA)
a federal statute that requires employers to pay unemployment taxes; unemployment comp is paid to workers who are temporarily unemployed
social security
a federal system that provides government benefits to covered persons and their dependents, including (1) retirement benefits, (2) survivors’ benefits to family members of deceased workers, (3) disability benefits, and (4) medical and hospitalization benefits
federal insurance contributions act (FICA)
a federal statute that requires certain employees to make contributions (pay taxes) into the social security fund
self-employment contributions act
a federal statute that requires certain self-employed persons to contribute (pay taxes) to the socil security fund
immigration act of 1990
a federal statute that regulates immigration, the employment of immigrants in the united states, and naturalization and citizenship
immigration reform and control act of 1986
a federal statute that requires employer to attest to their employees’ immigration status and makes in unlawful for employers to knowingly recruit illegal immigrants
us citizenship and immigration services (USCIS)
a federal agency that is part of the us department of homeland security and that processes immigrant visa and naturalization petitions and has other duties involving immigration
b-1 visa
a visa issued to persons seeking temporary entry to the united states for business purposes
b-2 visa
a visa issued to persons seeking temporary entry to the united states for tourism and non-business purposes
visa waiver program (VWP)
a program that allows citizens or nationals of designated countries to come to the united states for business or travel without visa for stays of not more than 90 days
f-1 visa
a visa issued to foreign nationals to study at colleges and universities and english language programs in the united states
f-2 visa
a visa issued to spouses and unmarried children under the age of 21 of a foreign national who has been granted an f-1 visa
optional practical training (OPT)
a program that allows f-1 visa holders to temporarily work in the united states to get practical training after graduation or completion of at least nine months of an academic program
h-1b foregin guest worker visa
a visa issued by the us government that allows us employers to employ foreign nationals in the united states who are skilled in specialty occupations
h-4 visa
a visa issued by the us government that allows immediate family members (i.e. spouse and children under 21) into the united states as dependents of workers issued h-1b work visas
eb-1 extraordinary ability visa
a visa issued by the us government that allows us employers to employ foreign nationals in the united states who possess extraordinary ability for certain types of employment, such as having extraordinary ability in the sciences, arts, education, business, or athletics; who are outstanding professors and researchers; or who are multinational managers or executives employed by a firm outside the united states and who seek to continue to work for that firm in the united states
eb-5 investor visa
a visa that permits persons who invest a required amount of money in a commercial enterprise located in the united states, and who meet other established requirements, to immigrate to the united states
h-2a temporary agricultural worker visa
a visa issued by the us government that allows us employers to employ foreign nationals in the united states to perform temporary and seasonal agricultural work
h-2b temporary non-agricultural worker visa
a visa issued by the us government that allows us employers to employ foreign nationals in the united states to perform nonagricultural work on a one-time, seasonal, peak-load, or intermittent basis
