Chapter review of employment laws Flashcards
What if an employee says he is not subject to payroll withholdings bc he pays his taxes directly each quarter? What should you say?
All employees must pay income tax, social security tax and medicare tax.
The Wagner-Peyser Act protects workers who are:
The unemployed. it provides for federal unemployment insurance and sets guidelines for state unemployment insurance.
If a women that is 42 notices her manager keeps changing her shift every few days but no one else is dealing with this…what law may be coming into play?
ADEA - age discrimination in employment act.
What is the reason a business must keep their employees SSN?
Both the FLSA and IRS require employers to obtain and report SSN from all employees. The I-9 requires a SSN to prove you have authorization to work in the country. This number cannot be removed from the records.
Do companies need to report race and sex data?
yes, companies that have 100 or more employees must report sex and race data annually to the EEOC. if you have 15 or more employees and you are involved in interstate commerce you must report these things too.
Can a manager start the workweek on a Sunday then a few weeks later due to a new project and customer preferences change it to start on a Thursday and so forth?
No, The FLSA requires employers to pick a day as the beginning of the workweek. To change that designation, there should be a significant business reason. Due to projects changing is not a good enough reason. Consistency must be there so overtime can be calculated (over 40 hours a week).
Can a 15 year old work a 9 hour shift when on Spring break?
No, the FLSA prohibts people 14 and 15 from working more than an 8 hour day.
A 17 year old is working in the summer at a factory and works 9 hour days and is taught how to drive the forklift. Is there any issue with these things?
Yes, driving a “power-driven hoisting apparatus” is one of the 17 most dangerous jobs that may not be performed by workers younger than 18. He can work as many hours as he wants tho.
If someone works for the DOL and works 8 hours of OT how much “compensating time off” should they accrue
12 hours of compensating time off. This is only okay bc it is a govt. job. If it was a public job then they need to pay time and a half instead.
If a new woman is starting a job and was paid higher at her last job compared to what the ladies make at this job, can HR decide to pay her more than everyone else?
The equal pay act says men and women doing the same work must make the same amount but bc this is a job where all women work, yes, she can start out making more money due to previous job history.
What is HR has decided to offer their own life insurance plan to their employees. Can she do this however she sees fit or is there an agency or Act that comes into play?
ERISA employee retirement income security Act. They regulate welfare benefit plans such as health insurance and life insurance. ERISA will provide the requirements of the plan no matter who underwrites it (the employer or a vendor).
The new employee shows her drivers license as identification related to the I-9 process. What other document does she need to show?
Any documents listed on the I-9 form are acceptable. The employer may not dictate which items are acceptable from the list. A SSN is one way and so is a valid passport. No expired items are accepted.
Steve works for a crane company and a crane collapses and 3 employees are in the hospital w/serious injuries. What should he do next with this info?
Report this to OSHA as he only has 8 hours to file a report of a serious injury. First, notify OSHA then notify families.
Every year the employees must do a refresher course on driving the companies vehicles. Is this really necessary?
Yes, OSHA requires Injury and Illness Prevention Programs. Part of the identification and remediation of workplace hazards is employee training. Even if employees have been trained on equipment, periodic refresher programs can help overcome bad habits. Refresher programs conducted on a yearly basis represent a reasonable interval for this.
Tell me about the requirement to post a yearly summary of injury and illness cases on the job.
OSHA requires annually to post a summary of injury and illness cases.
