Employment Law and Ethics Flashcards
CA wage agency
CA Department of Labor Standards Enforcement
CA wage law
CA Wage Orders
US wage agency
US Department of Labor, Wage and Hour Division
US wage law
Fair Labor Standards Act
CA discrimination agency
CA Department of Fair Employment and Housing (FEHA)
CA discrimination law
FEHA
US discrimination agency
Equal Employment Opportunity Commission
US discrimination law
Title VII
CA safety agency
CA Division of Occupational Safety (DOSH/CAL OSHA)
US safety agency
US Department of Labor, Occupational Safety and Health Administration
CA minimum wage
Over 26 employees, $14.00. Under, $13.00.
Federal minimum wage
$7.25
CA vs Federal differences
Stricter on minimum wage, overtime requirements, rest/meal break requirements
CA vs Federal Overtime
Both if over 40 hours a week; CA if over 8 hours a day
CA vs. Federal Meal Break
No federal meal break. CA - 30 min unpaid break before end of fifth hour. If missed or late, meal break premium must be paid: 1 hour at regular rate of pay
US safety law
OSH Act
Vaccine mandate interaction with labor laws in CA
CA requires businesses to pay for cost of anything required of workers, including tests in lieu of vaccination
Worker’s compensation
Ensures medical care/replacement of wages if injured/ill
Caps liability
Exclusive remedy for industrial injuries
Mandated by law for all employers
Leaves of absence include
Vacation, sick leave, pregnancy leave, baby bonding, non-work injury, care for family, paid family leave
Family medical leave rights
Set amount of leave, job protection (return to same or equiv. position), no loss of benefits or comp
At will employment
Unless for specified term, employer can terminate for any reason
Caveat to at will employment
Limited by public policy; can’t discriminate
Wrongful termination
Discharge of employee in contravention of fundamental public policy, such as firing a whistleblower
CA discrimination categories not included in federal law
Gender expression, religious grooming practices
Quid pro quo sexual harassment
Employment decision conditioned upon sexual favor
Hostile environment sexual harassment
Pervasive/severe unwelcomed sexual conduct altering work conditions, creating offensive work environment
Liability for sexual harassment/discrimination
If harassment, employer liable if aware or if supervisor was harasser. If discrimination, employer liable. Employee personally liable for sexual harassment.
Rationale for lack of employee liability in discrimination
Discrimination may be at management direction; company seen as having more ability to assume liability
Disability discrimination arises when
an employee is hurt or sick
Under disability discrimination law, employers have an obligation to
follow doctor’s orders and provide reasonable accommodations
Disparate impact discrimination
Discrimination without intent that has an unfair impact on a protected group.
Retaliation in relation to state and federal law
Prohibited
Retaliation
An employment action against an employee claiming sexual harassment or discrimination or answering questions in an investigation
Profit maximization
Milton Friedman: Corporations’ only social responsibility is to maximize profit.
Long-term company interest
Social issues and impact are in long-term company interest.
Triple bottom line
Financial, social, environmental
Social responsibility pyramid
Profit -> Law -> Virtue -> Charity
First step of analyzing ethical issue
Identify ethical issue
Second step of analyzing ethical issue
Identify stakeholders
Third step of analyzing ethical issue
Identify alternate solutions
Fourth step of analyzing ethical issue
Identify consequences of solutions and use theory to evaluate ethical decision
Federal test for employee categorization
Economically dependent on business
Name of federal test for employee categorization
Economic realities test
CA test for employee categorization
Any person who is suffered and permitted to work
Why employee categorization matters
Determines whether business should pay for labor performed
Why employee categorization matter
Determines whether business should pay for labor performed
Factors determining whether person is IC or employee
Does IC perform integral part of customer’s business? Permanency of IC’s relation. Amount of investment in own equipment. Degree of control. Profit/loss. Competitiveness.
ABC Test (CA) (3)
An IC must be free of company direction, working outside the customer’s normal business, and operating an independently established business
Why care about difference between IC and employee?
Employees pay taxes – affects tax revenue. Competitors & labor unions are concerned because ICs lower bargaining power for min. wage, benefits, protection agst. injury.
Gig economy example
Missing protections for gig economy workers
