Relevant Employment Law Statutes

Question 1

NLRA

Answer 1

National Labor Relations Act
1935
Allows employees to complain about the workplace without the risk of being fired.
Protects workers’ rights to organize, engage in collective bargaining, and take collective action such as strikes.

Question 2

FLSA

Answer 2

Fair Labor Standards Act
1938
Sets minimum wage and maximum hours
Sets standards for working conditions
Prevents child labor
It’s purpose is to protect workers from unfair labor practices
Applies to Undocumented aliens (for all wage and hour laws)

Question 3

Title 7, Civil Rights Act

Answer 3

1964
discrimination in the workplace. Illegal for business owner to discriminate based on gender, religion, race, national origin, etc

Question 4

ADEA

Answer 4

Age Discrimination and Employment Act
1967
Prohibits discrimination on the basis of age
Does not prohibit discrimination for being too young, but only prohibits discrimination for being too old
Starts @ age 40

Question 5

ERISA

Answer 5

1974
requires employers to manage retirement plans appropriately

Question 6

OSHA

Answer 6

1970
Safety standards when people are at work

Question 7

ADA

Answer 7

1990
Americans Disabilities Act
people with disabilities have abilities, business owners are not allowed to treat people differently because of those disabilities, obligation of employers to provide certain accommodations

Question 8

FMLA

Answer 8

Family Medical Leave Act
1993
Gives eligible employees the right to take unpaid, job-protected leave for certain family and medical reasons

Question 9

Title 7 Employee #

Answer 9

15 or more employees in 20 or more weeks (payroll periods) in the calendar year (current or preceding, can’t combine two)

Question 10

GINA

Answer 10

Genetic Information Nondiscrimination Act (GINA) of 2008
protects people from genetic discrimination in employment and health coverage

Question 11

ADA Employee #

Answer 11

15 or more employees

Question 12

Older Workers Benefit Protection Act

Answer 12

1990
1. You need to go through extra steps to legally waive an age discrimination claims
2. You need to spell out the AEDA to the employee you want to waive the protection, then you need to give them 21 days to think about it.
3. After they sign it the employee gets another 7 days to revoke the waiver before the waiver becomes effective.
4. A lawyer needs to be involved and the waiver must be written in a way that a non-sophisticated party could read and understand it.

Question 13

FLSA Coverage

Answer 13

Enterprise: any business making over $500,000 gross sales per year
Individual: employee is engaged in commerce or production of goods, even if their employer is not covered under enterprise

Question 14

EPA

Answer 14

Equal Pay Act
1963
Disparate treatment NOT disparate impact
Wages should be same absent justified reason

Question 15

LLFPA

Answer 15

Lilly Ledbetter Fair Pay Act
2009
180 day statute of limitations resets with each paycheck
RGB proposed this interpretation in her dissent in Goodyear case

Question 16

Utah Law: 34A-5-112(2)

Answer 16

No adverse action for lawful expression or expressive activity outside of the workplace
Unless it is a direct conflict with essential business related interests of the employer.

Question 17

FERPA

Answer 17

Family Educational Rights and Privacy Act
1974
Applies to federal agencies and those receiving federal grants money
gives students right to their records

Question 18

SOX

Answer 18

Sarbanes-Oxley Act (2002)
Financial guidelines for corporations
Employees who report and lose job can receive reinstatement, back pay with interest
complaints must be made in subjective good faith and be objectively reasonable

Question 18

bunkhouse rule

Answer 18

Covered by workers comp in the injury occurs in housing that is provided by the employer.

Question 19

UT law abt non competes

Answer 19

May 10 2016 = less than a year
Exceptions: severance, sale of business (can make it longer)

employer liable for attorney’s fees, costs, actual damages if non-compete unenforceable. If Covenant is void = reimbursement for attorneys fees
what info do they have, what level is this employee = what judges actually spend time on (more of a common law consideration)
MUST BE written in a way that is focused on protecting a business and their competitive advantage, NOT written just to make someone’s life harder. Must be reasonable in time and scope (1 year UT).

Question 20

WARN Act

Answer 20

Worker Adjustment and Retraining Notification
1988
60 days notice of layoffs, factory closing, etc

Question 21

WARN Employee #

Answer 21

100

Question 22

Warn closing stats

Answer 22

Plant (single site) - loss of work for @ least 50 employees
Mass layoff - reduction in force of at least 33% or 500 employees

Question 23

State that is not default at-will

Answer 23

Montana

Question 25

DOL Employee v Contractor Factors (6) PPIICS

Answer 25

Profit (opportunity/loss based on managerial skill)
Permanence (of work relationship)
Investment (by worker and employer)
Integral part of business
Control (nature and degree, schedule and work)
Skill and initiative