Law & Ethics Pt 3 Flashcards
What is the Equal Employment Opportunity Commission?
Enforces federal laws prohibiting employment discrimination. These law protect employees and job applicants against employment discrimination.
This pertains to employers with at least 15 or more employees who worked for the employer for at least twenty calendar weeks (In this year or last).
In regards to the Equal Employment Opportunity Commission, Federal laws protect employees and job applicants against employment discrimination when it involves?
Unfair treatment because of race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (40 or older), disability or genetic information.
Harassment by managers, co-workers, or others in the work place because of race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (40 or older), disability or genetic information.
Denial of a reasonable workplace accommodation that the employee needs because of religious beliefs or disability.
Retaliation because the employee complained about job discrimination or assisted with a job description investigation or lawsuit.
Equal Employment Opportunity Commission.
Who does the Immigration Reform and Control Act apply to?
The Immigration Reform and Control Act applies to most employers (although the specific employee count is unclear).
**The Employment and Labor Law seeks to preserve jobs for American citizens and immigrants who are authorized to work in the United States.
Equal Employment Opportunity Commission
What was the Immigration Reform and Control Act created for?
Amended the Immigration and Nationality Act to make it unlawful for a business to:
1) Hire for US employment any alien knowing that such person is unauthorized to work, or any person without verifying his or her works status or 2) continue to employ an alien knowing of such person’s unauthorized work status.
Established an employment verification system (1-9). Requires 1) the employer to attest, on a form developed by the Attorney General, that the employee’s work status has been verified by examination of specific documents 2) the worker to similarly attest, that he or she is a U.S. citizen or national, or authorized alien; and 3) the employer to keep such records for three years in the case of referral or recruitment, or the later of the three years or one year after employment termination in the case of hiring.
Who does the Fair Labor Standards Act apply to?
Everyone in the practice.
Any employee working more that 40 hours a week must be paid overtime.
Why was the Fair Labor Standards Act created?
It was created to establish minimum wage, over time pay standards and to regulate employment of minors.
State minimum wage may be higher than the federal, whichever is higher.
Overtime is 1.5 times the regular rate of pay.
A worksheet is 7 consecutive, regular recurring, 24-hour periods totaling 168 hours.
Exemption to overtime pay; any individual involved in executive, administrative or professional duties.
When it comes to the Fair Labor Standards Act, what are the requirements in regards to the employment of minors?
Must be at least 16 years of age to work in non-farm related jobs.
Youths 14 or 15 may be permitted to work outside school hours with a work permit.
They can work 3 hours per during school days/ 8 hours a day non-school.
Work cannot begin before 7 am or end after 7 pm or 9pm during summer break.
In regards to the Fair Labor Standards Act, what is exemption from overtime based on?
**In order to be exempt..
Salary level: minimum exempt salary level is $455/week.
Salary Basis: predetermined compensation is paid weekly, biweekly or monthly. Compensation cannot be reduced because of variation in the quality or quantity of work.
Job Duties:
Executive: management of the practice and directs work of two or more employees.
Administrative: primary duty is performance of office or non-Manuel work directly related to the management or general business operations of the employer or employer’s clients.
Professional: primary duty must be the performance of work requiring advanced knowledge, defined as work that is predominantly intellectual in character and work that requires consistent exercise of discretion and judgement.
The Wage and Hour Division of the US Department of Labor enforces the_________ ________ __________ Act
The Fair Labor Standards Act.
The Equal Employment Opportunity Commission (EEOC) was created to enforce the ___________ ________ Act.
Civil Rights Act
What are some things that Sexual Harassment in the work place can involve?
Discrimination based:
Gender based discrimination
Sex discrimination based on pregnancy.
Sexual Harassment
**Employer can be held responsible for actions of employees, clients and vendors.
What are two types of sexual harassment?
Quid pro quo - occurs when submission to or rejection of unwelcome sexual conduct is used as the basis of employment decisions affecting the individual (applies to protect classes as much as it does gender).
Hostile Environment - unwelcome conduct that is either sexual in nature or is directed at a person because of the persons gender and unreasonably interferes with the individuals job performance or creates and intimidating, hostile, or offensive working environment, even if it leads to no tangible or economic job consequence.
What steps can employers take to to prevent sexual harassment?
Employers can take steps to prevent sexual harassment by training managers, informing employees of their rights to raise issues how to raise issues, create an anti-harassing policy and developing appropriate sanctions.
_______________ Occurs when submission to or rejection of unwelcome sexual conduct is used as the basis of employment decisions affecting the individual (applies to protect classes as much as it does gender).
Quid Pro Quo
__________________ is unwelcome conduct that is either sexual in nature or is directed at a person because of the persons gender and unreasonably interferes with the individuals job performance or creates and intimidating, hostile, or offensive working environment, even if it leads to no tangible or economic job consequence.
Hostile environment.
The Employment and Labor law umbrellas Pregnancy Discrimination (based on pregnancy, childbirth or related medical conditions) — it applies to companies with ______ or more employees.
It applies to companies with 15 or more employees.
In regards to pregnancy discrimination …… what does it employ ?
Woman affected by pregnancy must be treated the same as other applicants and employees on their ability or inattentive to do the work.
Applies to employers with 15 or more employees.
Employees must be allowed to work at all times during pregnancy as long as she can perform the duties of the job.
Employment and labor law umbrellas Americans with disabilities Act (1990) —-
How many employees must an employer have, and how long must the employee be on the payroll to qualify?
An employer must have at least 15 employees and these individuals would have to be on the payroll at least 20 weeks during the year.
Employment and Labor Laws blankets age discrimination…
Who was this created to protect and how many employees must an employer have?
Created to protect employees forty years old or older.
**This pertains to employers with twenty or more employees.
Employment and Labor Law blankets the Family and Medical Leave Act. How many employees must an employer have to qualify?
Employers must have 50 or more employees who work 20 or more calendar weeks in current or previous year.
Full time, part time, temporary, and permanent must be counted.
Employees who work at least 1,250 hours during the 12 month (25 hours a week) period immediately preceding the commencement of the leave.
In regards to the family and medical leave act, how many weeks of job-protected, unpaid leave during a 12 month period is the employee entitled to?
The employee is entitled to a total of 12 work weeks of job-protected, unpaid leave during a 12 month period.
Leave can be taken for child birth, adoption, care of spouse, child, or parent, serious health condition of employee.
**Except for a highly compensated “key” employees, any employee who takes leave will be entitled to return from leave to the position held before the leave commenced or to an equivalent position with equivalent pay, benefits, and working conditions.
Who and What Does Workers Compensation protect?
Workers compensation pertains to all employees and protects their interests if involved in work-related injuries. For accidental injuries, illnesses, or deaths that arise out of employment, employers are required to provide compensation including salary and covering cost of reasonable and necessary hospital, surgical and medical expenses.
*State laws have been enacted in all 50 states to help employees collect damages.
The Federal Unemployment Tax Act (FUTA) - Employers pay tax on this!
Provides unemployed workers with modest financial support in the event of a temporary period of involuntary unemployment.
The Federal Unemployment Tax Act provides funds that states can use to administer unemployment benefits.
Because of joint administration, practice managers need to understand state and federal rules and send tax payments and returns to both.
Burden of proof is usually with the employer to show that the former employee quit without good cause.
Keep good records to help refute unjustified employment claims.
Who qualifies?
Virtually all employees
Claimants must be available and able for work.
Disqualified if employee voluntarily quit job.
The Employee retirement income security Act (ERISA) —-> What to know
Pertains to employees in qualified benefit programs (Retirement income, stock purchase, group medical insurance and prepaid legal services)
The Employee Retirement Income Security Act of 1974 provides safeguards for employee interests in any employer-sponsored plan.
*ERISA does not require employer to provide these benefits.
Title I: Out lines reporting and disclosure obligations, minimum participation rules, vesting and funding requirements, and fiduciary standards (Enforced by department of labor)
Title II: Covers amendments to the internal Revenue Code (enforced by the IRS)
Title IV: Establishes a pension plan benefit insurance program for underfunded or terminated plans and is administered by Pension Benefit Guaranty Corporation
*Annual reports must be filed with DOL (Department of labor), IRS , and PBGC (Pension Benefit Guaranty Corporation ) as well as to participants and beneficiaries.
Consolidated Omnibus Budget Reconciliation Act - Cobra
What to know…
Applies to employers with 20 or more employees who leave under certain circumstances. Qualified individuals are allowed to extend their coverage on a self pay basis for a period of 18 months to thirty six months after termination of employment. The length of time depends on the type of qualifying events that gave rise to the COBRA rights.
COBRA has numerous notice requirements on employers, plan administrators and covered employees.
Health insurance Portability and Accountability Act (HIPPA)
What should you know?
All employees are eligible. Protects employees health - insurance coverage when they change jobs, limits exclusions for preexisting conditions, and prohibits discrimination against employees and dependents based on their health status.
Mental Health Parity Act of (1996)
What should you know?
All employees are eligible. Provides for fairness and consistency between medical and surgical benefits and mental health benefits for all employees. Other words, group health care plans or insurers are required to offer the same annual or life time dollar limits on mental health benefits as they do for medical or surgical benefits.
In regards to employment and labor laws, the Employee Polygraph Protection Act of (1988) was created to protects….
Employee or prospective employees.
Prohibits most private sector employers from directly or indirectly requiring an employee or prospective employee to take any lie detector test.
Employers may not discharge, discipline or discriminate against, or deny employment or promotion or threaten to take any legal action against any employee or prospective employee who refuses to take any lie-detector test.
Employee Polygraph Protection Act does permit polygraph testing of some job applicants based on the type of company (guards, security service)
Employee Polygraph Protection Act has stringent requirements for this type of testing.
In regards to the Employment and Labor Law - Required Department of Labor Posters are….
**Every employer regardless of the number of employees must post and maintain Department of Labor Posters in a prominent location.
Posters must include:
Families first Corona Virus response Act Paid Leave Notice.
*Fair Labor Standards Act and Minimum wage
*Equal Opportunity provisions of the law
*The Family and Medical Leave Act
*OSHA Job Safety and Health Protection requirements - The right to know.
* The Employee Polygraph Protection Act
*The Uniformed Services Employment and Reemployment Rights Act
*Right to join/ form unions and associations
*There are state workplace poster requirements as well.
According to the Fair Labor Standards Act if a relief veterinarian has a set schedule with your practice, but also continues to provide random relief shifts for other practices, are they considered an independent contractor?
No, they are not considered an independent contractor because of the set schedule.
