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LEGL 2700 > LEGL Chapter 21 > Flashcards

LEGL Chapter 21 Flashcards

1
Q

what is the general rule for employment at will?

A

employers may discard employees without cause at any time

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2
Q

what state does not recognize the “at will” employment doctrine?

A

montana

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3
Q

what is the exception for employment at will?

A

violation of statutes

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4
Q

what does the fair labor standards act of 1938 establish?

A

establishes minimum wage, overtime pay, record-keeping requirements and child labor standard

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5
Q

what is minimum wage?

A

$7.25/ hour

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6
Q

what is minimum wage for tipped workers?

A

$2.13/ hour

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7
Q

what is overtime ?

A

$1.50 x regular rate of pay for every hour over 40 hours

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8
Q

what employees are exempt from overtime?

A

executive administration, managers, professional positions, highly compensated employees

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9
Q

what is the minimum age to get a job?

A

14

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10
Q

what law limits employment at will?

A

fair labor standards act

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11
Q

what does the fair labor standards act forbid?

A

forbids discharge for exercising rights guaranteed by minimum wage and overtime provisions of the act

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12
Q

what act is an example of the fair labor standards act?

A

Kasten v Saint-Gobain Performance Plastics Corp (2011)

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13
Q

what was the issue for Kasten v Saint-Gobain Performance Plastics Corp (2011)?

A

whether the term “filed any complaint” includes oral as well as written complaints

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14
Q

what did the court hold of K v SGPPC (2011)?

A

yes, filing an oral complaint was broad enough

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15
Q

what does the family medical leave act (FMLA) 1933 require?

A

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

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16
Q

who does the FMLA apply to?

A

employers who employ 50 or more employees

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17
Q

when are employees eligible for the family and medical leave act?

A

they worked for a minimum 12 months for the employer

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18
Q

what must employers do under FMLA?

A

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

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19
Q

historically, employees could sue their employer for what?

A

negligence

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20
Q

how could the employer defend negligence?

A

assumption of the risk
contributory negligence
the fellow-servant rule

21
Q

what is the fellow-servant rule?

A

if a fellow employee contributed to your injury, the employee could not recover from the employer

22
Q

what year did Georgia and Alabama pass the Employer Liability Acts?

A

1855

23
Q

By what year did every state have a worker’s compensation program (the grand bargain)?

A

by 1949

24
Q

what is the purpose of workers compensation?

A

protect employees and their families from the risks of accidental injury or death resulting from employment

25
Q

what does workers compensation apply to?

A

injuries in the course of the employment

26
Q

what are the tests for determining compensation?

A

was the injury accidental?
did the injury arise out of and in the course of employment?

27
Q

what does workers compensations provide ?

A

cash payments for loss of income and medical benefits

28
Q

what is the exclusive remedy rule?

A

employee’s sole remedy for workplace injury shall be workers’ compensation

29
Q

how is the workers compensation system administered?

A

by a state administrate agency with quasi-judicial powers

30
Q

who pays workers’ comp. premiums?

A

employers

31
Q

what does OSHA promulgate?

A

safety standards

32
Q

employees may request what on their behalf if their workplace is unsafe?

A

OSHA inspection

33
Q

employees cannot sue the employer for violation but can…

A

report the violations to OSHA

34
Q

what does Title VII of the civil rights act of 1964 prohibit?

A

prohibits job discrimination based on race, color, religion, sex or national origin

35
Q

when does title VII of the civil rights act of 1964 apply to employers?

A

applies to employers with 15 or more employees

36
Q

what is the process for Title VII of the civil rights act of 1964?

A

aggrieved party must first report the discrimination to the Equal Employment Opportunity Commission (EEOC)

37
Q

are are the types of treatment claims under Title VII of the CRA?

A

disparate treatment and disparate impact

38
Q

what is disparate treatment?

A

employer intentionally discriminates against the employee due to his/ her membership in a protected class

39
Q

what is the defense to disparate treatment?

A

bona fide occupational qualification (BFOQ)

40
Q

what is disparate impact?

A

employers policy has discriminatory effect of the employee(s) in a protected class

41
Q

what is the defense to disparate impact?

A

the challenged employment practice is job-related and consistent with business necessity

42
Q

what is Bostock V Clayton County about?

A

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.

43
Q

What did the Supreme Court hold for Bostock v Clayton County?

A

they said yes

44
Q

what is the age of discrimination in employment act (ADEA) of 1967 about?

A

prohibits employment discrimination against employees over 40 years of age and prohibits forced retirement

45
Q

who does not apply to the ADEA of 1967?

A

executives or true occupational limitations

46
Q

what is the standard of disability?

A

that you suffer from a physical or mental impairment substantially limiting one or more major life activities

47
Q

what does the Americans with Disabilities act of 1990 prohibit employers from?

A
  1. requiring a preemployment medical examination
  2. asking questions about the job applicant’s medical history
48
Q

what does the ADA require employers to do?

A

provide reasonable accommodations: adjusting a job or work environment to fit the needs of disabled employees

49
Q

what can the employer plead under the ADA?

A

undue hardship

LEGL 2700 (18 decks)

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