Human Resource Laws Flashcards
what law establishes minimums that employers must follow
many states have chosen to add workers protection above and beyond FLSA
Fair Labor Standards Act
what are the following examples of:
time keeping and overtime compensation
minimum wage
breaks/meal periods
Fair Labor Standard Act
Does each state have the same minimum wage?
yes and no there is a minimum wage standard determined from FLSA but some states have decided to make it higher
What law encompasses child labor laws
FLSA
what law encompasses employee vs independent contractor
and exempt and non-exempt classifications
FLSA
these employees are not eligible for overtime
they are paid on a fixed salary basis
paid at least $684/week
Exempt employee salaried
these employees are eligible for overtime
paid less than $684/week
typically paid an hourly rate
Nonexempt employee hourly
what are the 4 FLSA exempt categories
- executive
- professional
- administrative
- creative professional
are PT’s exempt or non-exempt?
up to the employeer to decide they can be considered a professional on the FSLA exempt category
Who is an independent contractor per IRS
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
who is:
customarily engaged in an independent trade, occupation, profession, or business for others related to the service performed for you
independent contractor
controls own work- sets own hours- uses own tools- pay benefits/rights
-assumes risk for profit/loss
-bid for jobs-tother companies too
independent contractor
this individual works for someone else’s business
paid hourly, salary or by piece rate
uses employeer materials tools and equipment
employee
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
FMLA
under FMLA can you take care of a sibling with a serious medical health condition?
No only a spouse, child or parent
Under FMLA employees are eligible for leave if:
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
What is the FMLA benefit length?
12 work weeks of leave in a 12 month period
Explain the basis of FMLA
pretty much just job protection- individual will have the job once they return
Under FMLA does an employer have to require employees take the sick or vacation pay during FMLA leave
No it is an option that the employer can decide
Most known for rules about hazardous chemicals and other workplace hazards
-also requires standard procedures for documenting on the job injuries
OSHA
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
unemployment insurance
Who runs the unemployment insurance?
dual program of federal and state statutes
Where does the money come from for unemployment insurance
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
How is the unemployment insurance a progressive discipline
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
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
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
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
Who is paying for FAMLI
employers and workers each contribute .45% of pay to cover premiums
how is FAMLI different from FMLA
FAMLI is paid and FMLA is just job protection
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
Is Colorado a state with at will employment
yes
with at will employment does the employee have to give notice when leaving the job
No
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
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
