Human Resource Laws

Question 1

what law establishes minimums that employers must follow
many states have chosen to add workers protection above and beyond FLSA

Answer 1

Fair Labor Standards Act

Question 2

what are the following examples of:
time keeping and overtime compensation
minimum wage
breaks/meal periods

Answer 2

Fair Labor Standard Act

Question 3

Does each state have the same minimum wage?

Answer 3

yes and no there is a minimum wage standard determined from FLSA but some states have decided to make it higher

Question 4

What law encompasses child labor laws

Answer 4

FLSA

Question 5

what law encompasses employee vs independent contractor
and exempt and non-exempt classifications

Answer 5

FLSA

Question 6

these employees are not eligible for overtime
they are paid on a fixed salary basis
paid at least $684/week

Answer 6

Exempt employee salaried

Question 7

these employees are eligible for overtime
paid less than $684/week
typically paid an hourly rate

Answer 7

Nonexempt employee hourly

Question 8

what are the 4 FLSA exempt categories

Answer 8

1. executive
2. professional
3. administrative
4. creative professional

Question 9

are PT’s exempt or non-exempt?

Answer 9

up to the employeer to decide they can be considered a professional on the FSLA exempt category

Question 10

Who is an independent contractor per IRS

Answer 10

consider behavioral control, financial control and type of relationship
an independent contractor:
-is free from control and direction by you in the performance of the services under the contract agreed upon by you and the worker

Question 11

who is:
customarily engaged in an independent trade, occupation, profession, or business for others related to the service performed for you

Answer 11

independent contractor

Question 12

controls own work- sets own hours- uses own tools- pay benefits/rights
-assumes risk for profit/loss
-bid for jobs-tother companies too

Answer 12

independent contractor

Question 13

this individual works for someone else’s business
paid hourly, salary or by piece rate
uses employeer materials tools and equipment

Answer 13

employee

Question 14

this law is for:
-birth and care of the newborn child of the employee
-for placement with the employee of a son or daughter for adoption or foster care
-to care for an immediate family member with a serious health condition
-to take medical leave when the employee is unable to work because of a serious health condition

Answer 14

FMLA

Question 15

under FMLA can you take care of a sibling with a serious medical health condition?

Answer 15

No only a spouse, child or parent

Question 16

Under FMLA employees are eligible for leave if:

Answer 16

they have worked for their employer at least 12 months
AND
they have worked at least 1,250 hours over the past 12 months
AND
they work at a location where the company employs 50 or more employees within 75 mile radius

Question 17

What is the FMLA benefit length?

Answer 17

12 work weeks of leave in a 12 month period

Question 18

Explain the basis of FMLA

Answer 18

pretty much just job protection- individual will have the job once they return

Question 19

Under FMLA does an employer have to require employees take the sick or vacation pay during FMLA leave

Answer 19

No it is an option that the employer can decide

Question 20

Most known for rules about hazardous chemicals and other workplace hazards
-also requires standard procedures for documenting on the job injuries

Answer 20

OSHA

Question 21

What provides workers, whose job have been terminated through no fault of their own, monetary payments for a given period of time or until they find a new job

Answer 21

unemployment insurance

Question 22

Who runs the unemployment insurance?

Answer 22

dual program of federal and state statutes

Question 23

Where does the money come from for unemployment insurance

Answer 23

combination of federal and state taxes levied on employers
-the amount of wages the employer has paid
-the amount of employer has contributed to the unemployment fund
-the amount that the discharged employees have been compensated from the fund

Question 24

How is the unemployment insurance a progressive discipline

Answer 24

it can be expensive for the employer because they have to pay more money in insurance if they continuously hire people and then fire them

Question 25

What is Colorado Paid family and medical leave insurance FAMLI and when does it begin?

Answer 25

January 2024 colorado workers who earn $2500 in yearly wages will be eligible for PAID family and medical leave
-eligible after working in job for 180 days
-employer can not prevent employee from taking leave and cannot penalize or fire employee for taking leave

Question 26

When can FAMLI be taken?

Answer 26

-birth of a child
-care for adopted or fostered child
-care for themselves in a serious medical condition
-care for a family member with a serious health condition
-arrange for a family member military deployment
-address the immediate safety needs/impact of domestic violence and sexual assault

Question 27

How much leave and what is the pay during FAMLI

Answer 27

depending on income employee will receive between 37-90% of wages
capped at $1100 per week
-most eligible for 12 weeks w/ additional for pregnancy or childbirth complications

Question 28

Who is paying for FAMLI

Answer 28

employers and workers each contribute .45% of pay to cover premiums

Question 29

how is FAMLI different from FMLA

Answer 29

FAMLI is paid and FMLA is just job protection

Question 30

What is this called:
an employer may terminate its employees at will for any reason or no reason
-no progressive discipline required
-no requirement to show just cause

Answer 30

at will employment

Question 31

Is Colorado a state with at will employment

Answer 31

yes

Question 32

with at will employment does the employee have to give notice when leaving the job

Answer 32

No

Question 33

In Colorado can an employer dismiss someone because of race, color, sex, religion, sexual orientation

Answer 33

No it is discriminatory to discharge someone based on these things

Question 34

in 2020 the supreme court rules that the LBGT people had protection from hob discrimination based on their sexual orientation or gender identity T or F

Answer 34

true