Relevant Employment Law Statutes Flashcards
NLRA
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.
FLSA
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)
Title 7, Civil Rights Act
1964
discrimination in the workplace. Illegal for business owner to discriminate based on gender, religion, race, national origin, etc
ADEA
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
ERISA
1974
requires employers to manage retirement plans appropriately
OSHA
1970
Safety standards when people are at work
ADA
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
FMLA
Family Medical Leave Act
1993
Gives eligible employees the right to take unpaid, job-protected leave for certain family and medical reasons
Title 7 Employee #
15 or more employees in 20 or more weeks (payroll periods) in the calendar year (current or preceding, can’t combine two)
GINA
Genetic Information Nondiscrimination Act (GINA) of 2008
protects people from genetic discrimination in employment and health coverage
ADA Employee #
15 or more employees
Older Workers Benefit Protection Act
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.
FLSA Coverage
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
EPA
Equal Pay Act
1963
Disparate treatment NOT disparate impact
Wages should be same absent justified reason
LLFPA
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
Utah Law: 34A-5-112(2)
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.
FERPA
Family Educational Rights and Privacy Act
1974
Applies to federal agencies and those receiving federal grants money
gives students right to their records
SOX
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
bunkhouse rule
Covered by workers comp in the injury occurs in housing that is provided by the employer.
UT law abt non competes
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).
WARN Act
Worker Adjustment and Retraining Notification
1988
60 days notice of layoffs, factory closing, etc
WARN Employee #
100
Warn closing stats
Plant (single site) - loss of work for @ least 50 employees
Mass layoff - reduction in force of at least 33% or 500 employees
State that is not default at-will
Montana
DOL Employee v Contractor Factors (6) PPIICS
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
