Exam 4 - Chapter 13 (Employment and Worker Protection Laws) Flashcards
What is an at-will employee?
employees who do not have employment contracts
What is a wrongful discharge?
the discharge of an employee in violation of a statute, an employment contract, public policy, or tortiously
Can an employee recover damages from a wrongful discharge?
Yes, the employee can recover damages and other remedies
Whats do state generally require employers to do for Workers Comp Insurance?
- Pay for workers’ compensation insurance, or
- Self-insure by making payments into a contingency fund
Stress is considered a compensable work-related injury. T/F
True
The recover under workers compensation, the worker’s injuries must have been employment-related. T/F
True
Is Workers Comp an Exclusive Remedy? If so, what does it mean?
Yes, and it means that workers cannot sue their employers in court for damages
What is the exception that allows workers to sue for damages under workers comp?
When an employer intentionally injures an employee
Who is exempt from OSHA?
federal, state, and local governments
What does OSHA require employers to do?
- imposes record keeping and reporting requirements on employers
- employers are required to post notices in the workplace informing employees of their rights under this act
OSHA is empowered to inspect places of employment for health hazards and safety violations. T/F
True
What happens if an OSHA violation is found during an inspection of an employer?
OSHA can issue a written citation, which requires the employer to abate or correct the situation
What is a Specific Duty OSHA Standard?
- Addresses a problem of a specific nature
ex: requirement for a safety guard on a particular type of equipment
What is a General Duty OSHA Standard?
Duty that an employer has to provide a work environment “free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees”
What is the Fair Labor Standards Act (FLSA)
- Federal Act in 1938 to protect workers
- Prohibits child labor
- Establishes a minimum wage
- Establishes overtime pay requirements
Who does the Family and Medical Leave Act apply to?
Employers with 50 or more workers, federal, state, and local government workers
What must an employee do to become eligible under the Family and Medical Leave Act?
- Employee must have worked for employer for at least one year
- Employee must have performed 1250 hours of work in previous twelve-month period
What does the Family and Medical Leave Act do?
Provides up to 12 weeks of unpaid leave for:
- birth of a child
- place of child for adoption or foster care
- serious health condition
- care for spouse, child, or parent with serious health condition
Must an employee use all his or her available sick and vacation time before using Family and Medical Leave Act time?
Yes
What are the stipulations when an employee comes back from leave after using the Family and Medical Leave Act?
- Employee must be restored to either same or equivalent position
- Must be given equivalent pay and benefits
- No accrual of seniority
What is the Consolidated Omnibus Budget Reconciliation Act (COBRA)?
Permits employees and their beneficiaries to continue their group health insurance after an employee’s employment has ended
What is the Employee Retirement Income Security Act (ERISA)?
If employer offers a pension plan ERISA applies:
- Establishes record keeping and disclosure requirements
- Sets requirements for vesting
- Establishes percentage of assets that can be invested in employer’s securities
- Prevents fraud and other abuses associated with private pension plans
What is the Immigration Reform and Control Act (IRCA)?
Makes it unlawful for employers to hire illegal immigrants. Employers are required to complete INS Form I-9 attesting legal US citizenship or legal alien status of each employee
What is the Omnibus Crime Control and Safe Streets Act of 1968?
- Allows employers to ban personal calls and monitor calls for compliance
- Prohibits employers from listening to private phone conversations
- Employers are subject to finds if they continue to listen to private calls
What is the Electronic Communications Privacy Act (ECPA) of 1986?
- Amendment to Omnibus Crime Control and Safe Streets Act
- Extended employee privacy rights to electronic forms of communication, i.e. email and cell phones
- Allows employers to monitor but not to continue upon discovery of personal nature
What are the 4 contexts of workplace testing?
1) Pre-employment Drug Testing
2) Periodic Physical Testing
3) Reasonable Suspicion
4) Random Testing
