Employment Law Flashcards

Question

What are examples of discriminatory practices under ADA?

Answer 1

failure to make reasonable accommodations unless undue HARDSHIP would result denial of employment opportunities if based on individuals need for accommodation application of qualification standards, tests, selection criteria or eligibility criteria unless they are business necessity or job related denial of an equal opportunity or benefit to qualified individual based on a known relationship with disabled individual limiting, segregating, classifying individual in way that adversely affects opportunities, or status based on existence of disability using standards, criteria or administration methods that have effect of discrimination on basis of disability or perpetuate discrimination of others who are subject to common administrative control using employment tests, medial examinations, that reveal impaired sensory, manual or speaking skills of disabled participating in contractual or other relationships that subject applicants/employees to discrimination otherwise forbidden by ADA

Answer 2

YES prohibits inquiries or medical exams designed to determine the existence, nature and extent of an applicant's disability

Answer 3

Can ask about ability to perform job related functions Can't ask about medical examinations or disability specifically inappropriate questions: Impairments, health, phsychiatric history, drug/alcohol, how disability occurred, previous work attendance related to disability, family history of illness, whether applicant has any disability or medical condition that will prevent person from performing the job

Answer 4

NO can only ask questions to assess ability to perform job related functions

Answer 5

YES must post in a conspicuous place notices

Answer 6

ADA establishes overlapping responsibilities in both EEOC and DOJ for employment by state and local governments federal enforcement will be coordinated by EEOC and DOJ to avoid duplication in investigative and enforcement activities For private and governmental employers already covered by nondiscrimination and affirmative action requirements under Rehabilitation Act of 1973, EEOC, DOJ and Department of Labor will coordinate enforcement under ADA and Rehabilitation Act

Answer 7

modifications to facilities to make readily accessible Job restructuring modifying work schedules reassigning to vacant positions acquiring or modifying equipment or devices adjusting or modifying exams, training materials, policies providing interpreters or readers

Answer 8

determined by nature and cost of accommodation, size and type of the facility, financial resources of the employer, nature of the employer's operation including composition, structure and functions of workforce

Answer 9

amendment to Fair Labor Standards Act (FLSA) applies to employers with 2 or more employees AND having sales volume exceeding 500,000 engaged in interstate commerce

Answer 10

prohibits employers from paying workers of one sex less than the rate paid to opposite sex for work on jobs that require equal skill, effort and responsibility AND are performed under similar working conditions EXCEPT where pay is based on seniority, merit system, a piece work rate or differential based on any factor besides SEX

Answer 11

minimum wage of 7.25 and wage rate of 1.5 times employees regular rate for each hour in excess of 40 hours in a work week , 80 in 14 days in hospitals EXEMPT from overtime are outside salespersons, professional, executive and administrative personnel paid more than 35,568 per year

Answer 12

Outside salespersons, profesional, executive and administrative personnel and paid more than 35,568 /year

Answer 13

raised standard salary level to 35,568/year raised highly compensated employees level from 100k to 107k allow employers to use non discretionary bonuses and incentive payments including commissions that are paid at least annually to satisfy up to 10% of standard salary level revising special salary levels for workers in us territories and motion picture industry

Answer 14

employee's primary duty must be 1)performance of work requiring advanced knowledge 2)in a field of science or learning 3) customarily acquired by prolonged course of specialized intellectual instruction

Answer 15

occupations performed with only general knowledge acquired by academic degree in any field knowledge acquired through apprenticeship or with training in performance of routine mental, manual, mechanical or physical processes occupations which most employers acquired their skill by experience rather than by advanced specialized intellectual instruction

Answer 16

registered or certified medical technologists nurses dental hygenists physician assistants accountants (not clerks, bookkeepers others doing routine work) chefs (not cooks performing routine mental, manual, mechanical or physical work) paralegals with advanced specialized degrees in other professional fields and apply advanced knowledge to their duties. NOT general paralegals and assistants athletic trainers funeral directors/embalmers

Answer 17

when advanced specialized degree has become standard requirement for a particular occupation, that occupation may have acquired characteristics of learned profesional when accrediting and certifying organizations similar to those for current learned professional occupations, are created these organizations may develop similar specialized curriculums and certification programs, which if become a standard requirement for a particular occupation, may indicate it is now a learned profession

Answer 18

at least 3 years

Answer 19

2 years these include timecards, piece work tickets, wage rate tables, work and time schedules, records of additions to or deductions from wages

Answer 20

full name, SS number, address, birth date, sex and occupation, time and day of week when work begins, hours worked each day, total hours each week, basis for wages, regular hourly pay rate, total daily/weekly straight time earnings, total overtime earnings for week, all additions or deductions, total wages each pay period, date of payment and pay period covered

Answer 21

Requirements for tax qualified, employer-sponsored pension and retirement plans and certain welfare plans that provide medical, accidental death, disability and unemployment benefits Establishes Pension Benefit Guaranty Corporation which guarantees payment of covered pension programs Enforced by Departments of Labor and Treasury

Answer 22

Departments of Labor and Treasury

Answer 23

Limits wages subject to garnishment and prohibits discharge of an employee for wage garnishment arising from indebtedness or child support payments states may establish additional limits on garnishments and employer's rights to discharge workers whose wages are garnished for debts

Answer 24

Applies to all employers Establishes Social Security - old age, survivors and disability insurance (OASDI) AND hospital insurance (Medicare) tax for employers and employees For 2020 - 7.65% for both employer and employee 6.2% social security tax on first 117k and 1.45% for medicare Maximum SS tax is $7,254 by employer and employee No cap on Medicare tax

Answer 25

7.65% for both employer and employee 6.2% SS on first 117K 1.45% for Medicare MAXIMUM SS is 7,254 by employer and employee NO CAP on MEDICARE TAX

Answer 26

6.2% tax on first 7,000 in wages Allows up to 87.1% credit for payment to state unemployment insurance agency PAID BY EMPLOYER

Answer 27

Defines labor relations rights of workers and employers prohibits unfair labor practice specifies collective bargaining and labor dispute obligations and rights Enforced by National Labor Relations Board (NLRB) not for profit hospitals and nursing homes covered by 1974 amendments 8 bargaining units established: physicians, RN, all professionals except nurses, technical, business office/clerical employees, skilled maintenance, all guards, all nonprofessionals

Answer 28

unlawful for employers to recruit, refer for a fee, hire or continue to employ illegal immigrants to US Job applicants must be US citizens or authorized aliens fines for knowingly hiring and continuing to employ unlawful employees range from 600 to more than 20,000

Answer 29

Effective March 1 2009 Require employee to pay 35% of premium and employer must pay 65% COBRA payment for individuals is tax deductible if AGI <125K

Answer 30

20 or more employees who provide health insurance required to offer workers continued health insurance coverage including dental and vision for 18 or 36 months depending on qualifying events Exception: gross misconduct Divorced, surviving or medicare ineligible spouses of such workers and dependent children entitled to extend coverage to 36 months Employers may charge up to 102% of premium Employee have 60 days after qualifying event to accept IF LESS THAN 20 EMPLOYEES INVESTIGATE STATE LAWS for obligation

Answer 31

Employers offering health care benefits must take into account requirements of HIPAA regarding health plan design, administration and communication HIPAA guarantees availability and portability of health coverage WITHOUT regard to health related factors and pre-existing conditions Employer sponsored group health plans CANNOT deny an employee access because of health related factors affecting employee or dependents Health factors that CANNOT be used to determine eligibility: health status, medical condition, physical mental illness, claims experience, receipt of health care, medical history, genetic information, disability status and evidence of insurability

Answer 32

Help continuation of health insurance coverage when individual left job However, now it is considered more about privacy protection than original intent because of that provision

Answer 33

Requires 60 days notice if single site of employment or facility within single employment site is temporarily or permanently shut down and 50 or more full time employees suffer an employment loss during any 30 day period as a result covers employers with 100 or more full time and part time employees who work combined total of at least 4000 hours per week excluding overtime Employment loss = loss of work for more than 6 months, termination or reduction of more than 50% in work hours that will last for 6 months or more EXCLUDES NATURAL DISASTERS or UNFORSEEABLE BUSINESS CIRCUMSTANCES

Answer 34

Restricts use of lie detection tests in workplace - polygraphs, voice stress analyzers and similar devices federal, state and local governments are EXCLUDED Federal government contractors engaged in national security intelligence functions also EXCLUDED

Answer 35

To employees reasonable suspected of involvement in workplace incident resulting in economic loss to employer and had access to property that is under investigation prospective employees of armored car, security alarm, security guard firms who protect facilities, materials, operations affecting health/safety, national security or currency and other like instruments prospective employees of pharmaceutical and other firms authorized to manufacture, distribute or dispense controlled substances who will have direct access AND current POSTER REQUIRED

Answer 36

prohibits FEDERAL CONTRACTORS from discriminating against otherwise qualified people with disabilities requires FEDERAL CONTRACTORS to take AFFIRMATIVE ACTION to employ individuals with disabilities also provides jointly financed government-employer agreement to expand opportunities for disabled people

Answer 37

People who served in military during Vietnam War and certain disabled veterans must be hired and promoted Applies to all FEDERAL CONTACTORS, SUBCONTRACTORS that have federal contract EEOC notice must be posted

Answer 38

Prohibits discrimination by employers against individuals for any membership in a uniformed service and provides employees who leave their jobs for military service certain reemployment rights Entitles military service personnel to return to their civilian employment with the seniority, status and pay they would have attained Employer NOT required to reemploy individual if employment to military service was for BRIEF, NON-RECURRENT period and no expectation of indefinite employment Law REPLACED Veterans' Reemployment Rights Act

Answer 39

Revises Fair Credit Reporting Act (FCRA) Employers need to make sure individuals credit history is job-related consideration Must notify and obtain permission from applicants before requesting consumer reports DOES NOT need reauthorization to repeat on individual later

Answer 40

Federal law mandates that all state child support programs must require employers to report new hires to state directory within 20 days of hire date must include: employee name, address, SS number and employer name, address and federal employer identification #

Answer 41

Signed march 23 2010 amended by Health Care and Education Reconciliation Act signed March 31, 2010 AKA ACA or federal health care reform provisions intended to expand access to insurance, increase consumer protections, emphasize prevention and wellness, improve quality and system performance, expand the health workforce and curb rising health care costs

Answer 42

require employers to cover their workers or pay penalties with exceptions for small employers provide tax credits to certain small businesses that cover specified costs of health insurance for their employees beginning in 2010 require individuals to have insurance with some exceptions such as financial hardship or religious belief

Answer 43

Employers with more than 200 must automatically enroll new full time employees in coverage

Answer 44

NO, many status provide these rights about 1/2 of states have laws giving employees right to access and copy their personnel files

Answer 45

quid pro quo sexual harassment hostile environment sexual harassment

Answer 46

No prohibits employment discrimination based on sex

Answer 47

any unwelcome sexual advances, requests for sexual favors, other verbal or physical conduct of sexual nature is sexual harassment when: submission is term or condition of employment basis for employment decisions conduct has purpose or effect of unreasonably interfering with work performance or creating intimidating, hostile or offensive working environnent

Answer 48

NO posting requirement Sexual harassment policies must be in writing and distributed to all employees

Answer 49

1) ADA 2) ADEA 3) Civil Rights Act of 1964 (Title VII) (EEOC) 4) Civil Rights Act of 1991 5) Civil Rights Act (Reconstruction era, Section 1981) 6) COBRA 7) Consumer Credit Protection Act 8) Employee Polygraph Protection Act 9) Equal Pay Act 10) Fair Labor Standards Act (FLSA) 11) FMLA 12) FICA 13) HIPAA 14) Service Contract Act 15) OSHA

Answer 50

How many employees required to trigger coverage for

Answer 51

50 or more within 75 miles of work site

Answer 52

All except employers of agricultural and domestic workers, individuals employed by a parent or spouse, independent contractors, supervisors and employees covered by Railway Labor Act

Answer 53

50 or more

Answer 54

All federal contractors and subcontractors with 50 or more employees and contract of 50k or more

Answer 55

All contractors providing services to a federal agency- contracts in excess of 2500

Answer 56

Employers with 100 or more employees

Employment Law Flashcards

(98 cards)