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Business Law > Employment Law > Flashcards

Employment Law Flashcards

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1
Q

Employment at Will

A

Fire or hire at any point, take jobs or quit, can fire for any reason or no reason at all as long as it’s not discrimintation

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2
Q

Employee

A

Subject to greater control by employer, agent of employer, taxes, workers comp.

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3
Q

Independent Contractor

A

Hired to perform a particular task, no direct employer control, own schedule and supplies

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4
Q

Employee vs. Independent Contractor Factors

A

Who controls method of performance?
Degree of skill involved?
Payment type?
Who supplies tools?
Right to refuse a job?
Work for anyone else?
Length of employment?
Part of the principal’s primary business?

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5
Q

Employment Relationship

A

Agent agrees to act for the principal, principal bound by agent’s actions

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6
Q

Express Authority

A

Power you’ve been specifically given

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7
Q

Implied Authority

A

Reasonably necessary to complete express authority job

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8
Q

Apparent Authority

A

Employer causes 3rd party to reasonably think the employee has the authority (placing employee behind counter)

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9
Q

Agent’s Duties

A

Performance, notification (share info), loyalty (act on principal’s best interest), obedience, accounting

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10
Q

Principal’s Duties

A

Compensation (timely), reimbursement and indemnification (business covers liability incurred by employee), cooperation, safe working conditions and compliance

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11
Q

Doctrine of Respondent Superior

A

Employer is liable for employee actions when employee is acting within scope of job

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12
Q

What is employer liable for?

A

Agreements made within the scope of the employee’s authority, tort committed by employee (within job scope), crimes if done on employer’s behalf

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13
Q

Exceptions to Employment at Will Doctrine

A

Contract, Federal Law, State Law, public policy (common law)

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14
Q

An employer’s violation of employment results in a …

A

Wrongful discharge lawsuit

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15
Q

Title VII of the Civil Rights Act of 1964

A

Prohibits job discrimination on the basis of race, color, national origin, religion, and gender
Sexual harassment protection
Applies to all stages of employment

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16
Q

Disparate Treatment

A

Overt discriminatory act

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17
Q

Disparate Impact

A

Neutral on face but negative impact on protected classes

18
Q

Who are discriminatory complaints filed to?

A

Equal employment opportunity commission, not court

19
Q

Parts of discriminatory complaint

A

Member of protected class, applied and was qualified, was rejected, employer continued to seek applicants or filled position with a non-protected class applicant

20
Q

Quid Pro Quo Sexual Harassment

A

Sexual favors for work rewards

21
Q

Hostile Environment Harassment

A

Alters the work environment significantly (jokes, advances)
Damages are lost wages, lost benefits, etc

22
Q

What size companies do the civil rights act apply to?

A

15+ employees

23
Q

Family Medical Leave Act (FMLA)

A

Leave for significant family/medical reasons, for full-time employees, unpaid, 12 weeks of leave within a 12 month period, employers of 50+ employees

24
Q

Age Discrimination in Employment Act (ADEA)

A

Protects individuals 40+ years, applies to hiring, promoting, and termination

25
Q

Unemployment Insurance

A

Protects ability to collect unemployment if requirements are met, gives you time to find new job, if fired for misconduct can’t collect

26
Q

American with Disabilities Act (ADA)

A

Protects otherwise qualified individuals with a disability, reasonable accommodations for essential functions of the job, Employer doesn’t suffer undue hardship to accomodate

27
Q

ADAAA

A

Determines disability status on uncorrected condition

28
Q

What is a disability?

A

Substantially limits a major life activity (glasses not included)

29
Q

Prima Facie Case (TEST)

A

Using ADA
1) Employee has disability
2) Reasonable Accomodation?

30
Q

What is the reasonable accomodation part of Prima Facie?

A

Employee must have informed employer of disability and requested accomodation
Accomodation is available and would have been effective and did not impose undue hardship on employer
Employer failed to provide the reasonable accomodation

31
Q

Disability in Prima Facie Case

A

Major life impairment
negaitive job action based on disability
qualified and able to perform essential functions of job

32
Q

Fair Labor Standards Act (1938)

A

Minimum standards for employers who engage in interstate commerce, child labor, max. hours, min. wage, exempt vs. non-exempt, whistleblower protections

33
Q

Retirement and Income Security

A

Social security act and employment retirement income security act

34
Q

Social Security Act

A

Retirement, survivors, disability and hospital insurance
Paid into from federal insurance contributions act (FICA)

35
Q

Employment Retirement Income Security Act (ERISA)

A

Regulates private pension and health insurance, our contributions to retirement can be pulled out at any point, 5 year max wait for employer contributions

36
Q

Consolidated Omnibus Budget Reconciliation Act (COBRA)

A

Mandates the employer allows you to keep insurance for a period after termination, employee must pay cost

37
Q

Occupational Safety and Health Act (OSHA)

A

Workplace safety standards, requires employer to keep records of all work-related injuries, training standards, whistleblower protections

38
Q

Workers Compensation

A

Compensation for employees injured on the job, standized compensation rate, strict employer liability

39
Q

Employer Defenses to Employment Law

A

Defend on the facts, business necessity, training, Bona Fide Occupational Qualification, seniority systems

40
Q

Bona Fide Occupational Qualification

A

Trait essential to job

41
Q

Seniority Systems

A

Promotions, benefits distributed according to a fair seniority system

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