Employment USA Flashcards
What areas does employment law affect?
Wages, discrimination (race, religion, color, gender, etc.), and worker eligibility verification.
Why is the employer-employee relationship significant in employment law?
It often leads to lawsuits against employers.
What is the purpose of the Fair Labor Standards Act (FLSA)?
To eliminate unfair compensation and labor practices harmful to workers’ health and efficiency.
What does the FLSA mandate?
Minimum wages, overtime pay, equal pay for equal work, and restrictions on child labor.
What are the rules for minimum wage under the FLSA?
Employers must pay at least the federal minimum wage unless the state’s wage is higher.
Name exceptions to the minimum wage requirement.
- Low sales (more than $500,000 annual sales).
- Tipped employees (less than $30/month in tips).
- Youth (16-19, for the first 90 days at 85% of minimum wage).
What is the overtime pay rule under the FLSA?
Employees working less than 40 hours per week must be paid 1.5x their regular pay.
Which employees are exempt from overtime pay?
Executive, administrative, and professional employees.
What tasks count as “time worked” under the FLSA?
Job-related tasks, travel, required training, and brief rest periods (less than 20 minutes).
What does the Equal Pay Act (EPA) require?
Men and women doing the same job must receive equal pay.
What protections does the FLSA provide against retaliatory discharge?
Employers cannot fire or discriminate against employees who file complaints or lawsuits under the FLSA
What is the minimum work age under child labor laws?
14 years
Name some prohibited tasks for workers under 18
Operating meat grinders, slicing machines, and power-driven knives.
What are protected classes under employment law?
Race, skin color, religion, gender, pregnancy, national origin, disability, age, union membership, and sexual orientation (in some locales).
What defenses can employers use in discrimination cases?
Bona Fide Occupational Qualification (BFOQ) and Business Necessity.
What constitutes a racially hostile work environment?
Severe or pervasive harassment based on race.
When is discrimination based on national origin illegal?
When it’s unrelated to job performance or business necessity (e.g., refusing a job due to accent).
What duty does an employer have regarding religious accommodation?
Employers must provide reasonable accommodations unless it causes undue hardship.
What constitutes sexual harassment?
Quid pro quo (job benefits for sexual favors) or a hostile work environment.
Can an employer be liable for harassment by customers?
Yes, if the employer knows and tolerates it.
What protections exist for pregnant employees?
Employers cannot treat pregnancy less favorably than other medical conditions.
What is the Age Discrimination in Employment Act (ADEA)?
It protects workers aged 40 and older from age-based discrimination.
Who does the Americans with Disabilities Act
(ADA) protect?
Individuals with physical or mental impairments limiting major life activities.
What are essential functions under the ADA?
Core job responsibilities required for the position.
When can an employer deny accommodations under the ADA?
If accommodations impose undue hardship (e.g., significant difficulty or expense).
Can an employer ask about disabilities during the hiring process?
No, but they can condition job offers on medical exams for all applicants in the same role.
What is at-will employment?
An employer or employee can terminate employment at any time without cause.
What is resume fraud?
Misrepresenting qualifications, such as degrees or job history, on a resume.
What is negligent hiring?
Failing to screen employees properly, which can result in employer liability.
What should employers do to address employee blogging?
Implement policies to prevent disclosure of trade secrets or defamatory statements.
