Human Resource Laws Flashcards

1
Q

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

A

Fair Labor Standards Act

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2
Q

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

A

Fair Labor Standard Act

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3
Q

Does each state have the same minimum wage?

A

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

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4
Q

What law encompasses child labor laws

A

FLSA

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5
Q

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

A

FLSA

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6
Q

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

A

Exempt employee salaried

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7
Q

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

A

Nonexempt employee hourly

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8
Q

what are the 4 FLSA exempt categories

A
  1. executive
  2. professional
  3. administrative
  4. creative professional
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9
Q

are PT’s exempt or non-exempt?

A

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

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10
Q

Who is an independent contractor per IRS

A

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

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11
Q

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

A

independent contractor

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12
Q

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

A

independent contractor

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13
Q

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

A

employee

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14
Q

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

A

FMLA

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15
Q

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

A

No only a spouse, child or parent

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16
Q

Under FMLA employees are eligible for leave if:

A

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

17
Q

What is the FMLA benefit length?

A

12 work weeks of leave in a 12 month period

18
Q

Explain the basis of FMLA

A

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

19
Q

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

A

No it is an option that the employer can decide

20
Q

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

21
Q

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

A

unemployment insurance

22
Q

Who runs the unemployment insurance?

A

dual program of federal and state statutes

23
Q

Where does the money come from for unemployment insurance

A

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

24
Q

How is the unemployment insurance a progressive discipline

A

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

25
What is Colorado Paid family and medical leave insurance FAMLI and when does it begin?
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
26
When can FAMLI be taken?
-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
27
How much leave and what is the pay during FAMLI
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
28
Who is paying for FAMLI
employers and workers each contribute .45% of pay to cover premiums
29
how is FAMLI different from FMLA
FAMLI is paid and FMLA is just job protection
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
at will employment
31
Is Colorado a state with at will employment
yes
32
with at will employment does the employee have to give notice when leaving the job
No
33
In Colorado can an employer dismiss someone because of race, color, sex, religion, sexual orientation
No it is discriminatory to discharge someone based on these things
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
true