Employment law Flashcards

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1
Q

Exceptions to employment at will

a specific type of agreement

there are two

A

implied contracts

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2
Q

Employment at will

Exceptions to employment at will

there are 2, this this answer deals with legal issues

employment at will: employee, via employer or themselves, can leave/be terminated

A

The termination will violate public policy

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3
Q

Title VII of the Civil Rights Act

5 traits that cannot be descriminated

A

race, gender, national origin, color, and religion

Age is not listed…

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4
Q

What must happen before a compliance case is filed

A

claim with EEOC

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5
Q

Workers Comp

Employers of how many employees must they have in order to be required to file with OSHA

A

11

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6
Q

EEOC has what 2 options after investigating

A

settle or sue

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7
Q

What does OSHA require

A

hazard free businesses

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8
Q

Who administers medicare

A

SSA

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9
Q

What does FMLA cover?

Family Medical Leave Act

hint: 3 main ones

A

child birth, child adoption/foster, care of self or relative in serious condition

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10
Q

Labor restriction for 14 year old

A

certain types of work

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11
Q

Labor restrictions for 14-15

A

no hazardous environment and limited hours

for school days, etc.

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12
Q

what is a non-exempt employee

A

OT employees

hourly

non-exempt means they are required to receive OT wages

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13
Q

constructive discharge

claim

A

when employee leaves from “intolerable” environment

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14
Q

Plant closing

What are the requirements for employers to inform of plant closing

How many employees?

If more than 50% of labor (hours/workers)

A

100 employees and 60 day notice

so they can look for other jobs

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15
Q

sexual harrassment

2 types…what are they

A

quid pro quo, and hostile environment

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16
Q

How can an employer avoid being liable for sexual harrassment

A

complainer failed to use effective policies and procedures

17
Q

Employees who successfully prove
unlawful discrimination can get…

3

A

back pay, reinstate, damage collection

18
Q

ADEA prevents age descrimination against who

A

40 year olds or older

19
Q

ADEA also protects non-managerial workers from what

A

mandatory retirement