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Legal Responsibilities of Business > Employment Law and Ethics > Flashcards

Employment Law and Ethics Flashcards

1
Q

CA wage agency

A

CA Department of Labor Standards Enforcement

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2
Q

CA wage law

A

CA Wage Orders

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3
Q

US wage agency

A

US Department of Labor, Wage and Hour Division

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4
Q

US wage law

A

Fair Labor Standards Act

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5
Q

CA discrimination agency

A

CA Department of Fair Employment and Housing (FEHA)

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6
Q

CA discrimination law

A

FEHA

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7
Q

US discrimination agency

A

Equal Employment Opportunity Commission

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8
Q

US discrimination law

A

Title VII

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9
Q

CA safety agency

A

CA Division of Occupational Safety (DOSH/CAL OSHA)

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10
Q

US safety agency

A

US Department of Labor, Occupational Safety and Health Administration

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11
Q

CA minimum wage

A

Over 26 employees, $14.00. Under, $13.00.

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12
Q

Federal minimum wage

A

$7.25

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13
Q

CA vs Federal differences

A

Stricter on minimum wage, overtime requirements, rest/meal break requirements

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14
Q

CA vs Federal Overtime

A

Both if over 40 hours a week; CA if over 8 hours a day

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15
Q

CA vs. Federal Meal Break

A

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

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16
Q

US safety law

A

OSH Act

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17
Q

Vaccine mandate interaction with labor laws in CA

A

CA requires businesses to pay for cost of anything required of workers, including tests in lieu of vaccination

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18
Q

Worker’s compensation

A

Ensures medical care/replacement of wages if injured/ill
Caps liability
Exclusive remedy for industrial injuries
Mandated by law for all employers

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19
Q

Leaves of absence include

A

Vacation, sick leave, pregnancy leave, baby bonding, non-work injury, care for family, paid family leave

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20
Q

Family medical leave rights

A

Set amount of leave, job protection (return to same or equiv. position), no loss of benefits or comp

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21
Q

At will employment

A

Unless for specified term, employer can terminate for any reason

22
Q

Caveat to at will employment

A

Limited by public policy; can’t discriminate

23
Q

Wrongful termination

A

Discharge of employee in contravention of fundamental public policy, such as firing a whistleblower

24
Q

CA discrimination categories not included in federal law

A

Gender expression, religious grooming practices

25
Q

Quid pro quo sexual harassment

A

Employment decision conditioned upon sexual favor

26
Q

Hostile environment sexual harassment

A

Pervasive/severe unwelcomed sexual conduct altering work conditions, creating offensive work environment

27
Q

Liability for sexual harassment/discrimination

A

If harassment, employer liable if aware or if supervisor was harasser. If discrimination, employer liable. Employee personally liable for sexual harassment.

28
Q

Rationale for lack of employee liability in discrimination

A

Discrimination may be at management direction; company seen as having more ability to assume liability

29
Q

Disability discrimination arises when

A

an employee is hurt or sick

30
Q

Under disability discrimination law, employers have an obligation to

A

follow doctor’s orders and provide reasonable accommodations

31
Q

Disparate impact discrimination

A

Discrimination without intent that has an unfair impact on a protected group.

32
Q

Retaliation in relation to state and federal law

A

Prohibited

33
Q

Retaliation

A

An employment action against an employee claiming sexual harassment or discrimination or answering questions in an investigation

34
Q

Profit maximization

A

Milton Friedman: Corporations’ only social responsibility is to maximize profit.

35
Q

Long-term company interest

A

Social issues and impact are in long-term company interest.

36
Q

Triple bottom line

A

Financial, social, environmental

37
Q

Social responsibility pyramid

A

Profit -> Law -> Virtue -> Charity

38
Q

First step of analyzing ethical issue

A

Identify ethical issue

39
Q

Second step of analyzing ethical issue

A

Identify stakeholders

40
Q

Third step of analyzing ethical issue

A

Identify alternate solutions

41
Q

Fourth step of analyzing ethical issue

A

Identify consequences of solutions and use theory to evaluate ethical decision

42
Q

Federal test for employee categorization

A

Economically dependent on business

43
Q

Name of federal test for employee categorization

A

Economic realities test

44
Q

CA test for employee categorization

A

Any person who is suffered and permitted to work

45
Q

Why employee categorization matters

A

Determines whether business should pay for labor performed

46
Q

Why employee categorization matter

A

Determines whether business should pay for labor performed

47
Q

Factors determining whether person is IC or employee

A

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.

48
Q

ABC Test (CA) (3)

A

An IC must be free of company direction, working outside the customer’s normal business, and operating an independently established business

49
Q

Why care about difference between IC and employee?

A

Employees pay taxes – affects tax revenue. Competitors & labor unions are concerned because ICs lower bargaining power for min. wage, benefits, protection agst. injury.

50
Q

Gig economy example

A

Missing protections for gig economy workers

Legal Responsibilities of Business (9 decks)

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