Employment laws

Question 1

Fair labor standards act

Answer 1

regulates minimum wage, overtime, record keeping requirements and child labor standards

a. minimum wage- last set at 7.25/hr in 2009- states also have their own minimum wage laws, employer is required to pay whatever is higher
b. overtime- mandates time and a half after 40 hours, employees earning tips must be paid 2.13 an hour plus extra if tips do not equal minimum hourly wage
c. generally does not require breaks or meal time except for nursing mothers

Question 2

Child labor standards

Answer 2

generally cannot work until 14, only limited hours until 16

fines up to 50,000 for each violation particularly if leads to death/injury of child

Question 3

the worker adjustment and retraining notification act

Answer 3

employers must give notice of plant closings and layoffs

a. applies to employers with >100 employees
1. virtually all employees are entitled to notice (hourly salaried managerial)

notice must be in writing at least 60 days prior to closing/layoffs
1. must notify employees or union, states dislocated worker unit, and head of local government

Question 4

triggers-when do you have to provide notice/

Answer 4

1. plant closing: if closing site where >50 employees work during a 30 day period
2. mass layoff: >500 employees lose jobs within a 30 day period
   a. also if 506 months, or 3, reduction in work time >50% each month for 6 months (long term layoff)

Question 5

penalty for noncompliance

Answer 5

back pay for required 60 day period and or 500/day failed to notify local government

Question 6

exceptions

Answer 6

if employer is replacing large numbers of striking employees

2. if business is faltering and notice would jeopardize financing arrangements
3. unforeseen business circumstances- fire
4. natural disasters

Question 7

the family and medical leave act**

Answer 7

Employees may take up to 12 weeks unpaid leave during any 12 month period for

1. birth and care of employee’s child
2. employee adopts or fosters a child
3. employee cares for an immediate family member(spouse, minor child, parent) with a serious health condition
   - in laws and adult children capable of caring for themselves are excluded
4. employees own serious health condition
5. for any qualifying exigency arising out of the fact that a family member is on/has been notified of active military duty

Question 8

military unpaid leave

Answer 8

employees can take up to 26 weeks unpaid leave to care for a family member in the military who has a serious injury/illness

Question 9

applies to employers with:

Answer 9

greater than 50 employees

1. employees must have worked for employer for at least 12 months
2. employers must keep employees job available for when the leave is up
3. employee is not supposed to be disadvantaged by taking leave

Question 10

uniformed services employment and reemployment rights act

Answer 10

veterans must be restored to job and receive benefits (including health insurance) as if had not been absent if:

1. veteran had held a civilian job
2. veteran informed employer that he was leaving for uniformed service
3. service was less than five years
4. veteran left service honorably
5. veteran reports back or submits application for reemployment to employer in a timely manner

Question 11

uniformed services prohibits:

Answer 11

employment discrimination against veterans and retaliation against those assisting veterans to regain jobs

Question 12

occupational safety and health act

Answer 12

requires employers to furnish a workplace free from recognized hazards

a. employees can request an osha inspection of alleged unsafe conditions
1. employees subject to retaliation can file complaint
2. no private right of action by employees

Question 13

pension and health care laws: employee retirement income security act

Answer 13

ERISA- provides protections for employees with employers who offer voluntary pension plans
consolidated omnibus budget reconciliation act- employees can continue to purchase health insurance after employment terminates

Question 14

limits on at will doctrine

Answer 14

at will doctrine is not absolute; several laws and court precedents limit when employers can fire employees
employee handbooks can constitute contracts

Question 15

workers privacy

Answer 15

don’t expect any
-several states guarantee employees access to personnel files and restrict disclosure of personal information to third parties
employee polygraph protection act- employers mostly are forbidden from using lie detector tests while screening applicants
1. current employees may be tested as a result of a specific event
2. fines up to 10,000, also private right of action
C. no federal law regulating drug testing- 4th amendment prohibits unreasonable searches, protects public employees somewhat from drug tests, but depends on whats reasonable
-employers should prepare for litigation by disgruntled employees with a paper trail

Question 16

workers compensation

Answer 16

state statutes which replace the tort system in the workplace

1. provides compensation for deaths, injuries or illness arising from job
2. strict liability for employers-doesn’t matter if they were negligent or not
   a. policy: injuries are going to happen, its more economically efficient for employers to bear the costs
   b. ultimately consumers bear cost

Question 17

statutes specify specific amounts for various injuries

Answer 17

1. loss of income usually calculated as percentage of employees wages
2. medical benefits also included
3. courts tend to favor employees in disputes
4. exclusive remedy rule, traditionally employees could only receive workers comp for accidental job related injuries, today courts are more lenient
5. no exclusive remedy rule for intentional injuries

Question 18

employers either buy …

Answer 18

insurance, self insure, or pay into state fund administered by state agency.

1. lack of uniformity among states is a problem
2. many groups not covered
3. fraud systemic, some payments are inadequate
4. increase in mental stress claims difficult to disprove
5. increasingly large cost of doing business

Question 19

employment eligibility verification

Answer 19

under the immigration reform and control act of 1986, all employees must have an I-9

1. method of ensuring legal workers
2. workers have to present documents to prove identity and eligibility to work (passport, green card, foreign passport with appropriate stamps, or employment authorization document).