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BLAW > Chapter 42 > Flashcards

Chapter 42 Flashcards

1
Q

One of the most important legal relationships is that of

A

employer to employee

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2
Q

An employer must

  • ______ an employee the agreed-upon wage
  • ______ the employee by providing a _______ to work, _________________ employees with whom to work, _____________ of any danger that exists in connection with the work
A
  • Pay an employee the agreed-upon wage
  • Protect the employees by providing a safe and sanitary place to work, careful and competent employees with whom to work, an environment free of discrimination and harassment, warn the employee of any danger that exists with the work
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3
Q

An employee must

  • ______ the employer’s lawful orders concerning the employment
  • ______ good faith to the employer
  • do their work ___________
A
  • obey the employer’s lawful orders concerning the employment
  • exercise good faith to the employer
  • do their work carefully and conscientiously
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4
Q

the acts of an employee committed while performing duties are considered

A

the acts of the employer

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5
Q

the employer is liable to third parties for injuries caused by an employee, whether the acts are _____________, so long as the acts were _________

A

the employer is liable to third parties for injuries caused by an employee, whether the acts are willful or negligent, so long as the acts were committed by the employee within the ordinary course of employment

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6
Q

Year of Fair Labor Standards Act (FLSA)

A

1938 (Great Depression)

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7
Q

The FLSA sets standards for:

A
  • the minimum age an employee can be
  • the minimum wages an employee can earn
  • the rate at which an employee is paid if they work more than a certain number of hours in a given week
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8
Q

Current federal minimum wage and the overtime pay

A

Current Federal Minimum Wage: $7.25

Overtime: 1.5x

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9
Q

Four categories of employees excluded from coverage

A
  1. executives
  2. processional employees
  3. outside sales associates
  4. administrative employees
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10
Q

Independent Contractor

A

a person or firm that performs services for another

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11
Q

independent contractors are ________ of the person who engages them

A

independent contractors are not under the direct control of the person who engages them

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12
Q

Independent Contractors vs. Employees

- Employees usually ________ whereas an independent contractor can _________

A

Employees usually cannot sue their employers for on-the-job injuries, whereas independent contractors can sue the person with whom they made the contact.

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13
Q

An employer is responsible for an _________ the scope of the employment; the person who engages an independent contractor, on the other hand, is _______ responsible for the independent contractors torts.

A

An employer is responsible for an EMPLOYEES TORTS COMMITTED WITHIN the scope of the employment; the person who engages an independent contractor, on the other hand, is IS GENERALLY NOT responsible for the independent contractors torts.

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14
Q

In all cases it is ________ that defines the employer-employee relationship

A

what the individual does on the job

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15
Q

The IRS test aids

A

businesses and individuals in distinguishing employees from independent contractors

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16
Q

there are numerous federal and state laws that serve to protect employees from

A

accidents and sicknesses that are job-related

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17
Q

Worker’s Compensation

A

a type of insurance that provides that employees may recover damages for work-related injuries and illnesses without having to prove negligence on the part of the employer

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18
Q

Worker’s compensation is considered the __________ as it is almost mandatory and provides employees with nearly authomatic recovery

A

exclusive remedy

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19
Q

exclusive remedy

A

an employee who sustains a work-related injury or illness can recover damages only through worker’s comp and may NOT file a lawsuit against their employer

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20
Q

Employees _______ sue their employers if it was the employer’s _______ conduct that caused the injury or illness

A

can sue their employers if it was the employer’s intentional or grossly negligent conduct that caused the injury or illness

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21
Q

The Family and Medical Leave Act (FMLA)

A

federal statute that provides eligible employees with the right to take up to 12 weeks of unpaid leave.

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22
Q

Reasons to take FMLA

A

personal medical reasons or to care for a child, spouse or parent

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23
Q

FMLA applies to all employers who employee _____ employees

A

50+

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24
Q

To be eligible, an employee must have worked for their current employer for at least ____ hours in the previous year

A

1250

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25
Q

Federal Unemployment Tax Act (FUTA) year

A

1935

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26
Q

FUTA is a ______

A

state system that provides unemployment compensation to those who are qualified and lose their job

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27
Q

FUTA is not paid into like a

A

retirement account

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28
Q

FUTA is financed by

A

employer who pays through taxes

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29
Q

Occupational Safety and Health Act year

A

1970

30
Q

Administrative agency created from Occupational Safety and Health Act

A

Occupational Safety and Health Administration (OSHA)

31
Q

OSHA requires that companies maintain ______

A

records of employee work-related accidents and sicknesses and post data regarding these every february.

32
Q

OSHA _________ to be certain that these _____ comply with safety and health standards and imposes penalties if it finds any violations.

A

inspects workplaces, worksites

33
Q

OSHA can ______ ranging from fines to facility closings

A

impose penalties

34
Q

Consolidated Omnibus Budget Reconcilliation Act (COBRA) year

A

1985

35
Q

COBRA provides _____ months of ______ with the employee paying _______.

A

18-29, really expensive insurance coverage, entire premium

36
Q

COBRA is not granted if

A

employee is filed for gross misconduct or employer decides to eliminate benefits for all current employees

37
Q

Employment Retirement Income Security Act (ERISA) year

A

1974

38
Q

ERISA ______ standards for ________ benefit plans

A

establishes minum standards for retirement, health and other welfare benefit plans

39
Q

ERISA only appiles to ______ that offer ______ plans to employees

A

Only applies to private employers that offer employer-sponsored benefit plans to employees

40
Q

ERISA does not _______ employers to offer ____

A

require, plans

41
Q

ERISA does not apply to health plans for ______ employees, or to plans maintained to comply with ________

A

government or church employees, disability, workers’ compensation or unemployment laws.

42
Q

The _____ has ruled that ____ clauses in employment contracts are _____

A

SCOTUS, arbitration, enforceable

43
Q

Employee handbooks

A

manuals that confirm the many policies of the firm

44
Q

Employee handbooks can be considered a kind of _______ between ______. This applies in Texas.

A

contract, employer-employee

45
Q

Doctrine of employment at will

A

Just as an employee may choose to terminate their employment at any time they wish, so too an employer may terminate an employee’s employment at any time for a good reason, a bad reason, or no reason at all.

46
Q

Employment contract

A

specifies that the employer agrees to pay, and the employee agrees to work, for a specified period of time at a specified salary.

47
Q

Employment contracts frequently have ________ maintaining _______

A

clauses related to maintaining confidentiality with respect to trade secrets, restrictive covenants, and agreements to arbistrate in the event of a dispute between the parties

48
Q

3 excxeptions to allow employee to sue for wrongful discharge

A
  1. implied-contract exception
  2. public policy exception
  3. implied covenant of good faith and fair dealing
49
Q

implied-contract exception

A

provides that an implied employment contract may arise from statements the employer makes in an employm ent handbook, length of service, statements by the employer indicating long term employment or materials advertising the position

50
Q

public policy exception

A

prohibits employers from firing employees engaged in activities that further the public interest

51
Q

implied covenant of good faith and fair dealing exception

A

assumes that every employment contract contains an implicit understanding that the parties will deal fiarly with one another

52
Q

A negative reference can give rise to ______ kinds of lawsuits brought by current or former employees or the new employer

A
  1. invasion of privacy
  2. defamation
  3. negligent misrepresentation (new employer)
53
Q

Electronics: you _________ of privacy when using your employer’s email system.

A

do not have a reasonable expectation of privacy

54
Q

Electronic Communications Privacy Act (ECPA) year

A

1986

55
Q

ECPA does offer ______, but the purpose was not for _____ from your employer at work on a ______. _______ may be different.

A

protection, protection, work computer, telephone calls

56
Q

Texas is _____ a state that limits an employers right to give you a drug test.

A

NOT

57
Q

Under the Drug-Free Workplace Act, employers that receive ________ must develop an antidrug policy, awareness, penalty warning.

A

federal financial assistance or have federal contracts worth over $25,000

58
Q

employers reduce their risk of libaility in providing references by

A

withholding negative reference information and/or simply not responding to reference requests.

59
Q

Teft Hartley Act of 1947

A

AKA Labor-Management Relations Act

designed to curtain some of the powers the unions had acquired under the Wagner Act

60
Q

If a prospective employer hires an employee based on an incomplete reference, and then suffers damages, they can sue the ________ for ______

A

previous employer for negligent misrepresentation

61
Q

Landrum-Griffin Act of 1959

  • primarily governs ____
  • response to _____
  • Contains ____ that protects ____-
A
  • primarily governs the internal operations of labor unions
  • undesirable internal labor union practices
  • “labor’s bill of rights” that protect employees from their own unions
62
Q

The National Labor Relations Board (NLRB) interprets and enforces the

A

national labor Relations Act

63
Q

the primary functions of the NLRB:

  • _____ employer and union during election
  • _______ unfair labor practices by employers/unions
  • _________ rules interpreting the act
A
  • monitor the conduct of
  • prevent and remedy
  • establish
64
Q

Strike

A

temporary, concerted withdrawl of labor

65
Q

boycott

A

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

66
Q

primary boycott

A

LAWFUL; against an employer with whom the union is directly engaged in a labor dispute

67
Q

secondary boycott

A

UNLAWFUL; occurs when employees have a labor dispute with their employer and boycott another company to force it to cease doing business with that employer

68
Q

picketing

A

individuals who place themselves outside an employer’s place of business for the purpose of informing passerby of the fact(s) of a labor dispute

69
Q

informaitonal picketing

A

picketing designed to thruthfully inform the public of a labor dispute between an employer and the employees (LAWFUL)

70
Q

signal picketing

A

prevents deliveries or services to the employer (ILLEGAL)

BLAW (8 decks)

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