Module 5.3A: Nonunion Labor Relations Flashcards
What does at-will employment mean?
All U.S. states except Montana have at-will employment, meaning that employers can terminate employees for any reason except illegal ones
Employers can also change the terms of employment, such as reducing work hours, allowing them to be nimble in response to changing economic environments.
Terminating an employee for exercising a legally entitled right, such as filing a worker’s compensation claim is a violation on the basis of:
public policy
Which of the following protects whistleblowers?
Sarbanes-Oxley Act
What are common federal laws?
Most laws regulating the workplace cover four areas: wages/hours, workplace safety, health and welfare, and non-discrimination.
What are wages/hours law?
The Fair Labor Standards Act (FLSA) standardized wages and overtime rules for most private and public employees.
Employers must pay at LEAST the federal minimum wage.
The Immigration and Nationality Act (INA) sets rules for employing legal, non immigrant workers.
What is workplace safety law?
The Occupational Safety and Health Act (OSHA) sets minimum safety requirements for private industry and public-sector workers. The OSHA oversees inspections and enforcement.
What is health & welfare law?
The Affordable Care Act (ACA) requires large employers to offer affordable health plans.
The Family and Medical Leave Act (FMLA) permits up to 12 weeks of unpaid leave, so employees can care for newborns, newly adopted children, or ailing family members.
The Employee Retirement Income Security Act (ERISA) includes the creation of Consolidated Omnibus Budget Reconciliation Act (COBRA) to provide continuing insurance coverage to recently terminated employees.
What is non-discrimination law?
Americans with Disabilities Act (ADA) protected disabled persons, requiring reasonable accommodations, such as accessible facilities and job supports.
The Age Discrimination in Employment Act (ADEA) made it illegal to discriminate against workers 40 and older. It was amended as the Older Workers Benefit Protection Act (OWBPA) to prohibit employers from denying benefits for older workers.
What is OSHA?
The OSHA sets minimum safety requirements for private industry and public-sector workers. The OSHA oversees inspections and enforcement.
To protect workers, employers must:
- follow all relevant OSHA safety and health standards.
- identify and correct hazards.
- inform employees of chemical hazards and provide training and alerts.
- follow appropriate lockout/tagout (LOTO) procedures to safeguard employees from hazardous energy releases during maintenance and repair of equipment.
- provide personal protective equipment (PPE) at no cost.
post all OSHA citations, summary data, and official posters. - not retaliate against workers for exercising their rights under this law.
When visiting an organization for an inspection, OSHA compliance officers must:
explain why the organization has been targeted for inspection
The OWBPA requires that:
employees are advised in writing to consult with an attorney prior to signing the ADEA release
A disabled employee must attend physical therapy twice per month. The attendance policy allows absences in 12 months with termination after the 11th. The employee files a discrimination suit under ADA. If discrimination is found, which action would most likely minimize liability for damages?
Rehire the employee and modify works hours around the regularly scheduled therapy.
What is HIPAA?
sets privacy requirements on patient health information.
Insurers, health care providers, and clearinghouses that transmit patient data, as well as employers who receive protected health data, can face stiff penalties for improperly getting or disclosing private information.
What is Davis-Bacon Act?
The Davis-Bacon Act of 1931 requires that employers with federal construction contracts equaling $2,000 or more pay at LEAST the prevailing wage.
What is Federal Mine Safety & Health Act?
requires mining companies to protect the health and safety of miners. This includes setting and enforcing safety standards and providing training. Federal inspectors have the power to close mines they rule too dangerous.
