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
what does workers compensation apply to?
injuries in the course of the employment
what are the tests for determining compensation?
was the injury accidental?
did the injury arise out of and in the course of employment?
what does workers compensations provide ?
cash payments for loss of income and medical benefits
what is the exclusive remedy rule?
employee’s sole remedy for workplace injury shall be workers’ compensation
how is the workers compensation system administered?
by a state administrate agency with quasi-judicial powers
who pays workers’ comp. premiums?
employers
what does OSHA promulgate?
safety standards
employees may request what on their behalf if their workplace is unsafe?
OSHA inspection
employees cannot sue the employer for violation but can…
report the violations to OSHA
what does Title VII of the civil rights act of 1964 prohibit?
prohibits job discrimination based on race, color, religion, sex or national origin
when does title VII of the civil rights act of 1964 apply to employers?
applies to employers with 15 or more employees
what is the process for Title VII of the civil rights act of 1964?
aggrieved party must first report the discrimination to the Equal Employment Opportunity Commission (EEOC)
are are the types of treatment claims under Title VII of the CRA?
disparate treatment and disparate impact
what is disparate treatment?
employer intentionally discriminates against the employee due to his/ her membership in a protected class
what is the defense to disparate treatment?
bona fide occupational qualification (BFOQ)
what is disparate impact?
employers policy has discriminatory effect of the employee(s) in a protected class
what is the defense to disparate impact?
the challenged employment practice is job-related and consistent with business necessity
what is Bostock V Clayton County about?
Gerald Bostock, an employee of Clayton County (GA), joined a gay softball league. After a 10 year history of good performance reviews, Bostock was subsequently fired for “conduct unbecoming of a county employee”. He sue for discrimination.
What did the Supreme Court hold for Bostock v Clayton County?
they said yes
what is the age of discrimination in employment act (ADEA) of 1967 about?
prohibits employment discrimination against employees over 40 years of age and prohibits forced retirement
who does not apply to the ADEA of 1967?
executives or true occupational limitations
what is the standard of disability?
that you suffer from a physical or mental impairment substantially limiting one or more major life activities
what does the Americans with Disabilities act of 1990 prohibit employers from?
- requiring a preemployment medical examination
- asking questions about the job applicant’s medical history
what does the ADA require employers to do?
provide reasonable accommodations: adjusting a job or work environment to fit the needs of disabled employees
what can the employer plead under the ADA?
undue hardship
