Exam 3 Flashcards
what is the legal factor used in determining if an individual is an employee or an independent contractor
Control
Fed Law: Sally needs surgery and must take off for work.
FMLA
Sally may be off for ____ weeks and what is the legal obligation of the employer upon her return to work?
12 weeks; must return her to her original position
How many months and hours must Sally work to be eligible for FMLA?
12 months AND 1,250 hours
How many employees for FMLA?
50 within a 75 mile radius
Where does the employee file a FMLA complaint?
U.S. Department of Labor
What federal law applies to race, religion, sex, national origin discrimination?
Title VII/ Civil rights act
Where does an employee file a Title VII complaint?
Equal Employment Opportunity Commission (EEOC)
What federal law applies to minimum wage/overtime?
Fair Labor Standards Act (FLSA)
Where does the employee file a FLSA complaint?
U.S. Department of Labor
What employers must follow FLSA?
Employers with $500,000 of gross sales
What TN law applies to age race sex national origin and religion discrimination
Tennessee Human Rights Act (THRA)
How many employees needed for THRA
8+
Where does an employee file a THRA complaint?
Tennessee Human Rights Commission (THRC)
What federal law applies to age discrimination?
Age Discrimination in Employment act (ADEA)
How many employees
needed for ADEA?
20+
What is the weekly amount required to be exempt from overtime?
$684
What is the other requirement to be exempt from overtime?
Primary job duties in management
Joe works 50 hours. As the owner, you want to comp the 10 hours to be used in the future.
Is this legal? Why or why not
No; illegal for private companies to comp time; must pay overtime
Jane fires Sam because she is prejudice against men. What type of discrimination case is this?
Disparate Treatment (intentional prejudice)
Where do you file a sexual harassment claim?
Equal Employment Opportunity Commission
Tennessee Workers Compensations Law – How many employees?
5+
One requirement for an injury to be covered under workers compensation
Must be clocked in
Second requirement for an injury to be covered under workers compensation
Performing job duties
There is a justifiable defense to require Christians who believe in the Bible to sell Bibles. What is this defense called?
Business Necessity
Joe asks for a copy of his personnel file.
What is your legal obligation?
Do not give it to him
Joe has restrictions that he cannot lift over 50 lbs which he does once in a while at work. Joe must be able to perform the ____________ of his job
Essential Functions
What law applies to Joe? (can’t lift 50 lbs)
American Disabilities Act (ADA)
Jane refuses to hire anyone shorter than 6 feet because she wants her workers to be tall. Sally applies and is 5’ tall.
What is this type of discrimination called?
Disparate Impact
How many employees must a company have to be required to pay an employee for jury duty?
5+
What section of OSHA says you must have a safe workplace?
Section 5A
Sam requires all job applicants to give him their passwords to social media so he can check to see what the applicants have posted.
Can he do this? Why or why not?
No, it is illegal in TN.
How many employees for Tennessee Pregnant Workers Fairness Act?
15+
What is an employer’s obligation under the Tennessee Pregnant Workers Fairness Act?
Must make reasonable accommodations
Joe works for Pizza USA. While delivering pizzas, Joe’s vehicle hits Sally injuring Sally. Sally will sue Pizza USA.
What is the legal term for when a company is held liable for its employees?
respondeat superior
You want to run background and credit checks on applicants. What is required?
Written Consent; Application and documentation must be separate
Sally’s boss tells her if she will to go to a wedding with him, he will give her a raise. This is called ______ sexual harassment?
Quid pro quo
Joe reports his employer to the IRS for falsifying documents. Joe is fired. What’s the name of the claim?
Whistleblowing
Name one requirement for the Plaintiff to have a prima facie case
Member of protected class
Name another requirement for the Plaintiff to have a prima facie case
Adverse job action
How many hours do you work before entitled to break, and how long is the break?
6 hrs; 30 mins unpaid
Joe is fired for being absent from work.
Can he get unemployment? Why or why not
No; absenteeism; intentional misconduct
Joe is fired for his job performance. He accidently wrote on a discarded product and place it on the production line with the good products.
Can he get unemployment? Why or why not
Yes; job performance; it was unintentional
Number of employees required for employers to comply with the USERRA/ Military Reemployment Act
1+
What are the employer’s obligation when one of its employee is deployed?
Hold their job; return them to their position
Stanley Ladder Inc has software that monitors the company computers and fires all employees who are on personal sites.
Is this legal? Why or why not?
Yes; you do not have a right to privacy at a private company
Joe works from 7am to 7pm on election day. Joe’s employer must allow him off from work up to ___ hours to vote.
3
Governmental agencies such as the EEOC must ______________the proposed rules prior to enacting the rules. This allows companies/the public to contest new rules.
Publish
City Council meetings and other government agencies which make decisions must be open to the public. What is this called?
Sunshine Law
Your employee filed for unemployment, and you want to get all the documents filed in that claim.
What law would you use to get those documents?
Freedom of Information Act
Jane’s boyfriend is threatening to harm her at work. Under TN law, an employee may go to court and get…
Restraining Order
Stan Babbs is fired the day that he asks off for his wife’s surgery. Sam would have a claim because the employer… against him for exerting rights he has under the FMLA.
Retaliated
Sally’s paramedic license has been revoked due to her not disclosing a past arrest. At the administrative hearing with the Tennessee Department of Health, the administrative law judge revoked her license. Sally disagrees with this decision, and she files an appeal with the Davidson County Chancery Court. The Chancery Court would only review the decision if the decision was
Arbitrary and Capricious
- can you be fired for tattoos?
yes
*stab babbs retaliation
*Title VII: 17+ employees, eeoc, 180 days
*Go over retaliation
