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VHMA CVPM Additional > Session 7 Law And Ethics Part 3 > Flashcards

Session 7 Law And Ethics Part 3 Flashcards

1
Q

Equal Employment Opportunity Comission protects against

A

Enforces Federal laws prohibiting discrimination. These laws protect employees and job applicants against employment discrimination.

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2
Q

EEOC applies to how many employees?
Who have worked?

A

Employers with 15 or more employees who have worked for the employer for at least 20 calendar weeks within the last 2 years

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3
Q

EEOC

A

Equal Employment Opportunity Commission

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4
Q

Things the EEOC law protects employees and applicants from if involved

A

Discrimination due to race, color, religion, sex (orientation, gender, pregnancy,) national origin, age (40+), disability, genetics.

Harassment by managers

Denial of reasonable accommodations

Retaliation towards complaint of presence of the above.

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5
Q

Who does Immigration Reform and Control Act apply to

A

Applies to most employers, but specific employee count for eligibility is unclear

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6
Q

Immigration Reform and Control Act is in regards to what?

A

The law seeks to preserve jobs for American citizens and immigrants who are authorized to work in the US.

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7
Q

What does the Immigration Reform and Control Act do?

A

Makes it unlawful for a business to:
1. Hire anyone without verifying work status or a known unauthorized alien
2. Continue to employ unauthorized aliens once status is known

Enforces I-9s

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8
Q

How long should I-9s be stored

A

3 years or 1 year after termination (prefers 3 years tho)

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9
Q

FLSA

A

Fair Labor Standards Act

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10
Q

Who does FLSA apply to?

A

Every practice
Any employee working more than 40 hours a week must be paid overtime

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11
Q

What does the FLSA do?

A

Establishes minimum wage and overtime pay and exempt employees and regulates employment of minors

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12
Q

Employment of Minors

A

Must be 16 years old for non farm related jobs

14-15 yo may be permitted to work outside of schools hours with a permit

Can work 3hrs/day on school days and 8hrs/day on non school days

Work is restricted to 7am-7pm or 9pm if summer break.

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13
Q

Overtime exemptions

A

Salary of $455/week

Salaried

Job duties:
Executive - practice/employee management
Admin - business/client operations
Professional- advanced knowledge (LVT)

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14
Q

Who enforces FLSA

A

DoL - wage and hour division

DoL can inspect at random or from complaint

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15
Q

Civil Rights Act of 1964 deals with

A

Sexual harassment
Pregnancy Discrimination Act
Americans with Disabilities Act
Age Discrimination Act

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16
Q

Title 7 of the civil rights act

A

Unlawful for employers to discriminate

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17
Q

Civil Rights Act is Enforced by?

A

EEOC

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18
Q

2 types of Sexual Harassment

A

Quid pro quo

Hostile environment

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19
Q

Quid pro quo

A

Employment decisions are made based on submission or rejection of unwanted sexual conduct

A favor in return for something

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20
Q

Hostile Environment

A

Unwelcomed sexual conduct that reasonably interferes with the individuals job performance or creates a hostile work environment

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21
Q

Pregnancy Discrimination Act 1978 amended what?

A

Amended title 7 of the Civil Rights Act to include protection against pregnancy

22
Q

When does pregnancy Discrimination act apply

A

15 or more employees

23
Q

Pregnancy job description

A

Women are in control of when and if they want accommodations

24
Q

Americans with Disabilities Act applies when

A

15 or more employees
Individuals who are on payroll at least 20 weeks during the year
Can satisfy job duties with or without reasonable accommodation

25
Q

Age discrimination act of 1967 applies to

A

Protecting applicants/employees 40 years or older

Employers with 20 or more employees

26
Q

FMLA act 1993 applies when

A

50 or more employees
Employees who work at least 1250hrs in 12 month period prior to leave

27
Q

What FMLA provide

A

12 weeks job protected unpaid leave during 12 month period (unless “key” employee)

Leave can be for birth, adoption, care of family member, own serious health need

28
Q

Workers Comp applies to

A

Everybody

29
Q

What is workers comp?

A

Protects the interest of employees involved with work-related injuries

Covers up to salary, reasonable hospital, surgical and medical expenses

30
Q

FUTA

A

Federal Unemployment Tax Act

31
Q

When does FUTA apply

A

All employees

Claimants must be able and available for work

Disqualified if the employee voluntarily quits

32
Q

What does FUTA do

A

Unemployment pay
Both state and federal tax
Burden of proof is on employer

33
Q

ERISA

A

Employee Retirement Income Security Act

34
Q

Where does ERISA apply

A

Employees in qualified benefit programs

Safeguards employee interests

35
Q

What does each of the Titles of ERISA do?

A

Does NOT require employers to provide these benefits

Title 1: outlines reporting, disclosure, minimum participation, vesting, finding, fiduciary standards and requirements.

Title 2: amendments to IRS

Title 4: establishes a pension-plan benefits program by Pension Benefit Guaranty Corporation

36
Q

Who enforces ERISA?

A

Title 1: DoL

Title 2: IRS

Title 4: PBGC (pension benefit guaranty corporation)

37
Q

COBRA acronym

A

Consolidated Omnibus Budget Reconciliation Act

38
Q

When does COBRA apply?
How many employees?

A

20+ employees
Employees who leave under certain circumstances

39
Q

What does COBRA do and for how long

A

Allows individuals to extend coverage on a self-pay basis for 18-36 months after termination

40
Q

HIPAA acronym

A

Health Insurance Portability and Accountability Act

41
Q

Who does HIPAA apply to

A

EVERYONE

42
Q

What does HIPAA do?

A

Protects employees’ health-insurance coverage when they change jobs

Limits exclusions for preexisting conditions,

Prohibits discrimination against employees and dependents based on other health status

43
Q

Mental Health Parity Act 1996

A

Requires group health care plans or insures to provide same annual or lifetime dollar limit on mental health benefits as they do for medical and surgical benefits

44
Q

Employee Polygraph Protection Act 1988

A

Prohibits private sector employers from requiring polygraphs or discriminating against those that decline

45
Q

Required DoL posters

A

FLSA + minimum wage
Equal Opportunity provisions of the law
FMLA
OSHA job safety and health protection (right to know)
EPPA
Uniformed Services Employment
Reemployment Rights Act
Right to join/form unions and associations

46
Q

1099 independent contractors

A

Cannot have a set schedule

47
Q

PVME

A

The principles of veterinary medical ethics of the AVMA

48
Q

PVME requires

A

Protection of the personal privacy of clients and patients unless by court order or written consent

49
Q

Mandated reporters

A

Some states require vets to report animal abuse and have safeguards in place

50
Q

Who can waive confidentiality of medical records

A

Client only

VHMA CVPM Additional (19 decks)

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