Overview Flashcards
What does Title VII of the Civil Rights Act of 1964 prohibit?
Discrimination against protected classes
What classes are protected from discrimination under Title VII?
Race, Color, Religion, Sex (including pregnancy), National Origin
What does the Age Discrimination in Employment Act (ADEA) prohibit?
Discrimination against people age 40 and over in any aspect of employment
True or False: Age discrimination can occur when the victim and person discriminating are both over 40.
True
What does the Americans with Disabilities Act (ADA) prohibit?
Discrimination against qualified individuals with disabilities in all aspects of employment
How is an individual with disability defined?
Has physical or mental impairment that substantially limits one or more major life activities
Has record of such an impairment
Is regarded as having such an impairment
A qualified employee or applicant with a disability is defined as
having the ability to perform essential functions of the job with or without reasonable accommodation
What is a reasonable accommodation?
An adjustment or modification made by an employer so that a qualified person with a disability can enjoy equal employment opportunities
What are examples of reasonable accommodations?
(1) Making existing facilities readily accessible and usable
(2) Job Restructuring
(3) Modifying work schedules
(4) Reassignment to vacant position
(5) Acquiring or modifying equipment or devices
(6) Adjusting or modifying examinations, training materials, or policies
(7) Providing qualified readers or interpreters
What would allow an employer to be an exception to the reasonable accommodation rule?
Undue Hardship
What qualifies as being an undue hardship?
An action requiring significant difficulty or expense as determined by an employer’s size, financial resources, and nature and structure of operation
What aspects of employment does the Fair Labor Standards Act (FLSA) regulate?
Minimum wage, overtime, equal pay, record keeping, and child labor
The FSLA requires that employers keep detailed records of __________ and _____________.
Time and Payment
What is defined as a work week under the FLSA?
7 consecutive 24 hour days that are fixed, regular, and recurring and can begin on any day of the week and any hour of the day
A work week for Public Safety can be how many days?
7-28
What is overtime pay?
All hours worked over maximum allowed (40) during work week/period.
What is overtime rate of pay?
1.5 times the regular rate of pay
Employees engaged in fire protection or law enforcement may be paid overtime on a ___________ ____________ basis.
Work period
A work period for fire protection and law enforcement employees may be a range of how many consecutive days before overtime is applied?
7 to 28
Overtime for fire protection personnel is due after how many hours worked during a 28 day period?
212
Overtime for law enforcement personnel is due after how many hours worked during a 28 day period?
171
When is travel for work considered paid work time?
- Cuts across regular work hours
- Corresponding regular work hours on non-working days
When does on-call time have to be paid?
When employee is on employer’s premises or at home with additional constraints
What is considered a paid rest period or meal?
Rest period that is 20 minutes or less
Working while eating
Which one of the following is paid work time: Waiting to be engaged or Engaged to wait?
Engaged to wait is paid work time. Employee is engaged in personal activity during a period of inactivity while waiting to work.
What does Waiting to be Engaged mean?
Completely relieved of duty, “off the clock”, unpaid time; i.e. waiting for a shift to start, a truck driver relieved of duty while waiting for truck to be loaded, etc.
Is “suffered, or permitted, to work” time paid or unpaid? What are a couple of examples?
Paid - Finish task, Correct errors
What is a Bona Fide Meal Period? Is it paid or unpaid?
A meal period lasting 30 minutes or longer, AND the employee must be completely relieved of duty. This is unpaid time.
True or False: Travel for work outside of regular working hours on working or non-working days is unpaid time.
True
When is “on-call” time unpaid?
When the employee is at home and free to engage in personal activity or allowed to leave a message where he/she can be reached.
Which of the following are examples of UNPAID travel?
A. Home to Work travel, or commuting
B. Work related travel during normal work hours on regular work days and non-working days
C. Work related travel to multiple job sites during normal work hours
D. Travel away from home outside of regular work hours
E. B&C
F. A&D
F
True or False: An incidental errand for work done during commute from home to work, such as picking up doughnuts, is paid travel.
False
True or False: Travel on a special one day assignment in another city, except for normal commute time, is paid travel.
True
What are examples of being “engaged to wait?” Is this paid or unpaid work time?
Secretary reading a book while waiting for dictation
Firefighters playing checkers while waiting for alarm
Paid work time
What types of personnel are exempt from FLSA?
Executive, Administrative, Professional, Public Safety (partial), Highly paid computer personnel (partial)
What types of tests determine whether an employee is exempt or not?
Salary & Duties
What is the salary threshold for determining exempt status?
$35,568
What is the purpose of the Family Medical Leave Act?
To enable employees to balance work and family responsibilities by taking unpaid leave for certain reasons
What are the responsibilities of the employer under the Family Medical Leave Act?
- Reinstate employee to original or equivalent job
- FMLA determination
- Allow intermittent leave
a. Cannot require full day be taken
b. Follow leave policies
c. No doctor’s excuses
Employees are eligible for FMLA leave protection under what conditions?
Work for a covered employer for at least 12 months,
Have at least 1,250 hours of service with the employer during the 12 months before their FMLA leave starts, and
Work at a location where the employer has at least 50 employees within 75 miles.
The FMLA protects leave for what reasons?
The birth of a child or placement of a child with the employee for adoption or foster care,
The care for a child, spouse, or parent who has a serious health condition,
A serious health condition that makes the employee unable to work, and
Reasons related to a family member’s service in the military, including
Qualifying exigency leave – leave for certain reasons related to a family member’s foreign deployment, and
Military caregiver leave – leave when a family member is a current servicemember or recent veteran with a serious injury or illness.
What is a chronic or serious health condition?
- Continues over extended period of time
- Requires periodic visits to health care provider
- May involve occasional episodes of incapacity
True or False: Active treatment is required to be considered a serious health condition under the FMLA.
False - A permanent or Long-Term Condition for which treatment may not be effective qualifies as a serious health condition.
A health condition or period of incapacity of more than how many consecutive days is eligible under the FMLA?
3
Sandra has to take 2 weeks of leave time to care for her sister who just had surgery. Is this leave protected by FMLA?
No, protection is only available for care of a parent, spouse, or child.
What employers are covered under FMLA?
Private-sector employers who employ 50 or more employees in 20 or more workweeks in either the current calendar year or the previous calendar year,
Public agencies, including Federal, State, and local government employers, regardless of the number of employees, and
Local educational agencies, including public school boards, public elementary and secondary schools, and private elementary and secondary schools, regardless of the number of employees.
What protections are provided for employees of covered employers under FMLA?
- Job-protected leave for qualifying family and medical reasons
- Continuation of group health benefits under the same conditions as if they had not taken leave
- FMLA leave may be unpaid or used at the same time as employer-provided paid leave.
- Must be restored to the same or a virtually identical position when they return to work
How many work weeks in a 12 month period may an eligible employee take FMLA leave for a qualifying exigency arising out of foreign deployment of the employee’s son, daughter, spouse, or parent?
12 weeks
How is covered active duty defined when determining qualifying exigency leave under FMLA?
For a member of the Regular Armed Forces - duty during deployment with the Armed Forces to a foreign country
For a member of the National Guard or Reserves - duty during deployment with the Armed Forces to a foreign country under a call or order to active duty in support of a contingency operation
Deployment to a foreign country means deployment to what areas?
Areas outside of the U.S., D.C., or any territory or possession of the U.S., including deployment to international waters
What are examples of qualifying exigencies?
Making childcare arrangements for the military member’s child
Attending certain military ceremonies and briefings
Making financial or legal arrangements to address a military member’s absence
What is military caregiver leave?
An eligible employee (spouse, child, parent, or next of kin), of a covered servicemember may use up to 26 workweeks of leave during a single 12 month period to care for a covered servicemember with a serious injury or illness.
What is a covered servicemember?
A current servicemember
A veteran
What is a current servicemember?
A current member of the Armed Forces, including members of the National Guard or Reserves
Undergoing medical treatment, recuperation, or therapy, or is in outpatient status, or is on the temporary disability retired list
For a serious injury or illness
What defines a serious injury or illness for a current servicemember?
Incurred by the servicemember in the line of active duty
Existed before beginning of active duty and was aggravated by service in the line of active duty
May cause servicemember to be medically unfit to perform their military duties
For military caregiver leave, how is a veteran defined?
Veteran of the Armed Forces, including veterans of the National Guard or Reserves
Who is undergoing medical treatment, recuperation, or therapy for a serious injury or illness
Who was recently discharged - that is, within the previous five years before the employee first uses FMLA leave for the veteran’s care
How is a serious injury or illness defined for a veteran?
Incurred in the line of duty when the veteran was on active duty in the Armed Forces
Resulted from the aggravation of a preexisting condition in the line of active duty
Must have made the veteran medically unfit to perform military duties or qualify for certain benefits from the Department of Veterans Affairs
Substantially impairs the veteran’s ability to work
Qualifying Exigency Categories
- Any issue arising from short notice deployment (7 days or less of notice)
- Attending military events and related activities
- Childcare and related activities arising from covered active duty
- Financial and legal arrangements
- Counseling for employee, military member, or child of military member that is provided by someone other than a health care provider
- Rest and Recuperation leave - up to 15 calendar days
- Post-deployment activities within 90 days of the end of covered active duty
Employer Prohibitions under FMLA
Interfering with, restraining, or denying the exercise or the attempt to exercise any FMLA right
Discriminating or retaliating against an employee or prospective employee for exercising or attempting to exercise any FMLA right
Discharging or in any other way discriminating against ANY person for opposing or complaining about any unlawful practice under FMLA
ALL persons, including employers, are prohibited from discharging or discriminating against ANY person for the following:
Filing a charge under or related to FMLA Giving information in connection with an inquiry or proceeding related to any right under the FMLA Testified, or about to testify, in any inquiry or proceeding related to a right under the FMLA
Examples of prohibited conduct under the FMLA:
Refusing to authorize FMLA leave for an eligible employee
Discouraging an employee from using FMLA leave
Manipulating an employee’s work hours to avoid responsibilities under the FMLA
Using an employee’s FMLA request for leave as a negative factor in employment actions, such as hiring, promotions, or disciplinary actions
Counting FMLA leave under “no fault” attendance policies
