LEGL Chapter 21 Flashcards
what is the general rule for employment at will?
employers may discard employees without cause at any time
what state does not recognize the “at will” employment doctrine?
montana
what is the exception for employment at will?
violation of statutes
what does the fair labor standards act of 1938 establish?
establishes minimum wage, overtime pay, record-keeping requirements and child labor standard
what is minimum wage?
$7.25/ hour
what is minimum wage for tipped workers?
$2.13/ hour
what is overtime ?
$1.50 x regular rate of pay for every hour over 40 hours
what employees are exempt from overtime?
executive administration, managers, professional positions, highly compensated employees
what is the minimum age to get a job?
14
what law limits employment at will?
fair labor standards act
what does the fair labor standards act forbid?
forbids discharge for exercising rights guaranteed by minimum wage and overtime provisions of the act
what act is an example of the fair labor standards act?
Kasten v Saint-Gobain Performance Plastics Corp (2011)
what was the issue for Kasten v Saint-Gobain Performance Plastics Corp (2011)?
whether the term “filed any complaint” includes oral as well as written complaints
what did the court hold of K v SGPPC (2011)?
yes, filing an oral complaint was broad enough
what does the family medical leave act (FMLA) 1933 require?
requires employers to provide up to 12-weeks unpaid leave for:
- birth and care of newborn
-adoption of a child or placement of foster child
- care of an immediate family member (spouse, minor child, parent) with a serious health condition
- employee is unable to work due to serious health condition of their own
who does the FMLA apply to?
employers who employ 50 or more employees
when are employees eligible for the family and medical leave act?
they worked for a minimum 12 months for the employer
what must employers do under FMLA?
1.must notify their employees that they are eligible for leave under the act
2. may request medical certification that a qualifying event has occurred
3. must keep the job available for employee upon return
historically, employees could sue their employer for what?
negligence
how could the employer defend negligence?
assumption of the risk
contributory negligence
the fellow-servant rule
what is the fellow-servant rule?
if a fellow employee contributed to your injury, the employee could not recover from the employer
what year did Georgia and Alabama pass the Employer Liability Acts?
1855
By what year did every state have a worker’s compensation program (the grand bargain)?
by 1949
what is the purpose of workers compensation?
protect employees and their families from the risks of accidental injury or death resulting from employment
