R8 Employee Law Flashcards
What will bar an employee form recovery under a workers’ compensation statute?
Fighting, intoxication and self-inflicted wounds will bar recovery, an employee’s negligence or assumption of the risk does not bar recovery
What income is subject to FICA?
An employee’s gross wages
Self-Employed net profits
What benefits are provided by FICA?
FICA, Federal Old-Age, Survivors and Disability Insurance:
- Medicare Benefits
- Old Age Benefits
- Disability Benefits
- Survivor’s Benefits
To whom does FUTA apply?
All employers who:
- Employ at least one employee for at least one day in each of 20 weeks in a year, or
- Have a payroll equal to or greater than $1,500 in one calendar quarter
The Fair Labor Standard Acts requires that overtime be paid for employees working more than 8 hours a day. True or false?
False, more than 40 hours per week
What is Title VII?
Is a federal statue that prohibits discrimination of employment due to race, sex, religion, color or national origin
What are the general requirements of the COBRA Act of 1985?
When employment terminates, the employer must allow the employee and other covered persons to continue to participate in the employer’s group insurance plan at the employee’s own expense for 18 months
What is the Equal Pay Act?
It prohibits an employer from discriminating by paying unequal wages on basis of sex
What is the Age Discrimination Act?
It prohibits both intentional and unintentional discrimination in the hiring, firing or compensating based on age.
Covers workers age 40 and over, it prohibits mandatory retirement unless there is a valid defense (bona fide occupational qualifications, seniority system or public safety)
Remedies: Sue for injunction (job back) and back pay but not early retirement
What is the Occupation Safety and Health Act (OSHA)?
It is the act to set safety standards for worksites including businesses with interstate commerce.
Do not develop safety equipment they just set safety standards and can inspect without a notice or warrant
What is the National Labor Relations Act?
The NLRA or Wagner act was adopted to allow workers to bargain collectively (union) for wages and other terms of employment like vacation and sick pay
What is the Labor Management Relations Act?
The LMRA or Taft-Hatly act was adopted to prohibit unions from charging excessive fees
What is the ERISA plan?
It governs federal pension laws, it does not require employers to have retirements plans but if they do ERISA seeks to protect retirement plan participants by regulating the funding, investing and vesting of the plans
