Employment Laws Flashcards
Title VII of the Civil Rights Act
Applies to employers w/ 15+
Prohibits discrimination: race, color, national origin, religion and sex (includes LGBTQ)
Includes discrimination on basis of pregnancy, sex stereotyping and sexual harassment
Prohibits “hostile” and “offensive” conduct
Prohibits retaliation
Disparate Impact v. Disparate Treatment
Treatment = intentionally treating someone different due to protected category Impact = Creating policy or practice that effects a particular group differently, even if unintentional
ADA
Applies to employers w/ 15+
Prohibits discrimination against “otherwise qualified” individual w/ physical or mental disability
ADA - Reasonable Accommodation
If they can perform essential functions of the job
Disability definition
physical or mental impairment that substantially limits one or more major life activities (walking, seeing, talking, hearing, thinking)
FMLA
Applies to employers w/ 50+
Pregnancy Discrimination
Amendment to Title VII
Applies to those with 15 or more employees
Age Discrimination in Employment Act (ADEA)
Applies to employers w/ 20+
Protects those over 40 from discrimination
ADEA Exceptions
Bona fide seniority system (length of service)
Bona fide occupational qualification (airline pilot retirement date)
Business necessity
Good Cause
Top Executive ($44K pension)
Older Workers Benefit Protection Act (OWBPA)
Amendment to ADEA
Protects fringe benefits - ER must pay same amount for each benefit whether ee is young or old
-Settlement agr must contain specific provisions (21 days to sign; 45 days if it impacts more than 2 ee)
Consolidated Omnibus Budget Reform Act (COBRA)
Applies to employers w/ 20+
Extend coverage 18-36 months
Give ee 60 days to choose coverage
COBRA extended coverage lengths
18 months - terminated (anything other than gross misconduct)
29 months - disability
36 months - death or divorce
First premium paid w/in 45 days after electing COBRA
Consumer Credit Protection Act (CCPA)
Limits amount of wages that can be garnished in one week
Protects ee from discharge b/c wages are garnished
Fair Credit Reporting Act (FCRA) of 1969
4 steps when obtaining credit info
Employer Certification (why we need) Disclosure Authorization (applicant/ee must know) Pre-Adverse Action (give report to applicant/ee) Adverse Action (give to applicant)
Employee Polygraph Protection Act (EPPA)
No Lie Detector tests for pre-employment or during employment
Exceptions:
governmental agencies, security firms, EE suspected of loss and is under investigation
Equal Pay Act (EPA) of 1963
Do the same work, get the same pay
Lily Ledbetter Fair Pay Act of 2009
Pay Discrimination is unlawful
File within 180 days of discriminatory act/paycheck
Covers beneficiaries
Worker Adjustment and Retraining Notification Act (WARN)
Applies to employers w/ 100+ ee
60 day notice of office closing or mass layoff
applicable if it involves 50 people during 30 day period
Employee Retirement Income Security Act (ERISA)
Protects pensions
Fiduciary duties
Sets standards for participation, vesting, accrual and funding
ERISA - defined benefit plan
guarantees specific amount per month at retirement (employer funded)
ERISA - defined contribution plan
ee and/or er contribute $
401K plans
Traditional Safe Harbor SIMPLE Automatic Enrollment ROTH
FLSA
OT - over 40 hours in workweek
Minimum Wage ($7.25)
Exempt EEs
Child Labor Provisions
FLSA Exempt EEs
Executive
Administrative
Nursing Mothers
for one year after birth – provide reasonable place and time
Genetic Information NonDiscrimination Act (GINA) of 2008
Applies to employers with 15+
Can’t use Genetic Info
Mental Health Parity Act and Addiction Equity Act (MHPAEA)
Applies to Large group plans (not to self-insured with 50 or fewer ees)
If cover mental health/substance use disorder (MH/SUH) must be similar to other medical/surgical benefits (copay, treatment length etc.
National Labor Relations Act (NLRA)
Can organize
Occupational Safety & Health Act (OSHA)
Safe working conditions
OSHA 300 form for each occupation injury and illness submitted within 6 days of incident
Sarbanes-Oxley Act (SOX)
SOX gives employees whistleblower protection where ee reports suspected fraud
Duties/Penalties for corporate boards
Uniformed Services Employment and Reemployment Act (USERRA)
EE may be absent from work up to 5 years (cumulatively)
Return ee to same seniority, status and pay as if they were there
Service members may elect to continue er sponsored health care for up to 24 months, but they must pay up to 102% of premium
Immigration Reform and Control Act (IRCA)
Employ only those who are legally authorized to work
Fill out I-9 forms
