Employment Environment Law Flashcards
Describe the Federal Unemployment Tax Act
An employer-paid tax. Must file return and pay even if only one employee works there. Deductible to company - Not deductible by the employee. Allows employers to credit the FUTA liability by the amount of State Unemployment Tax (SUTA) they pay.
What are the major aspects of FICA and Social Security taxes?
Paid by Employer AND Employee - Employer withholds from employee’s paycheck and must pay tax matching employee’s withholding
If employer under-withholds; they are required to make up the difference
Self-employed individuals must pay both the employer and the employee share; which is Self Employment Tax
People drawing Social Security may have their benefits reduced if they go back to work and earn an income
When is an employee covered by Workman’s Compensation?
Employees injured on the job get protection; even if they messed up and caused the injury themselves
Exception: If the employee intentionally harmed themselves; there is no Workman’s Compensation
What age group is protected under Age Discrimination Laws?
They protect people ages 40 and above at companies where at least 20 people are employed
What are the tenets of the Occupational Safety and Health Act (OSHA)?
Employers should promote a safe workplace and environment for their employees to work in
Injury records must be kept
Penalties can be both
o Civil - $1;000 fine per day
o Criminal - Could include imprisonment
Employer can require a search warrant for OSHA to investigate their facilities
What types of discrimination are prohibited for employers based on civil rights laws?
Sex
Race
Religion
National Origin
What are the powers granted under the Environmental Protection Act?
EPA has the power to assess civil penalties for violating environmental laws like the Clean Air Act
The EPA can sue violators
Citizens can sue violators
States can sue violators
Citizens can even sue the EPA to force enforcement
For hazardous waste sites: owners; operators; transporters; and lenders associated with the site can
be held liable
What must an employee do if they took workman’s comp and recovered from 3rd party
Workman’s comp award must be returned
Name social security benefits
Pay for divorce, Medicare, pay for disability
Can employee use employer if they receive workers comp?
No
Workers comp expenses
Burial expenses, cost of prosthetics, payments to surviving children
What gives OSHA probable cause
Employee complaints
Is early retirement allowed as a remedy for violating Age discrimination act?
No
Are sick and vacation pay exempt from the National Labor Relations Act?
No
What is the purpose of Environmental Compliance Audits?
Voluntarily discover violations to avoid criminal, civil penalty and meet disclosure requirements under the SEC
