Session 7 Law And Ethics Part 3 Flashcards
Equal Employment Opportunity Comission protects against
Enforces Federal laws prohibiting discrimination. These laws protect employees and job applicants against employment discrimination.
EEOC applies to how many employees?
Who have worked?
Employers with 15 or more employees who have worked for the employer for at least 20 calendar weeks within the last 2 years
EEOC
Equal Employment Opportunity Commission
Things the EEOC law protects employees and applicants from if involved
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.
Who does Immigration Reform and Control Act apply to
Applies to most employers, but specific employee count for eligibility is unclear
Immigration Reform and Control Act is in regards to what?
The law seeks to preserve jobs for American citizens and immigrants who are authorized to work in the US.
What does the Immigration Reform and Control Act do?
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
How long should I-9s be stored
3 years or 1 year after termination (prefers 3 years tho)
FLSA
Fair Labor Standards Act
Who does FLSA apply to?
Every practice
Any employee working more than 40 hours a week must be paid overtime
What does the FLSA do?
Establishes minimum wage and overtime pay and exempt employees and regulates employment of minors
Employment of Minors
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.
Overtime exemptions
Salary of $455/week
Salaried
Job duties:
Executive - practice/employee management
Admin - business/client operations
Professional- advanced knowledge (LVT)
Who enforces FLSA
DoL - wage and hour division
DoL can inspect at random or from complaint
Civil Rights Act of 1964 deals with
Sexual harassment
Pregnancy Discrimination Act
Americans with Disabilities Act
Age Discrimination Act
Title 7 of the civil rights act
Unlawful for employers to discriminate
Civil Rights Act is Enforced by?
EEOC
2 types of Sexual Harassment
Quid pro quo
Hostile environment
Quid pro quo
Employment decisions are made based on submission or rejection of unwanted sexual conduct
A favor in return for something
Hostile Environment
Unwelcomed sexual conduct that reasonably interferes with the individuals job performance or creates a hostile work environment
Pregnancy Discrimination Act 1978 amended what?
Amended title 7 of the Civil Rights Act to include protection against pregnancy
When does pregnancy Discrimination act apply
15 or more employees
Pregnancy job description
Women are in control of when and if they want accommodations
Americans with Disabilities Act applies when
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
Age discrimination act of 1967 applies to
Protecting applicants/employees 40 years or older
Employers with 20 or more employees
FMLA act 1993 applies when
50 or more employees
Employees who work at least 1250hrs in 12 month period prior to leave
What FMLA provide
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
Workers Comp applies to
Everybody
What is workers comp?
Protects the interest of employees involved with work-related injuries
Covers up to salary, reasonable hospital, surgical and medical expenses
FUTA
Federal Unemployment Tax Act
When does FUTA apply
All employees
Claimants must be able and available for work
Disqualified if the employee voluntarily quits
What does FUTA do
Unemployment pay
Both state and federal tax
Burden of proof is on employer
ERISA
Employee Retirement Income Security Act
Where does ERISA apply
Employees in qualified benefit programs
Safeguards employee interests
What does each of the Titles of ERISA do?
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
Who enforces ERISA?
Title 1: DoL
Title 2: IRS
Title 4: PBGC (pension benefit guaranty corporation)
COBRA acronym
Consolidated Omnibus Budget Reconciliation Act
When does COBRA apply?
How many employees?
20+ employees
Employees who leave under certain circumstances
What does COBRA do and for how long
Allows individuals to extend coverage on a self-pay basis for 18-36 months after termination
HIPAA acronym
Health Insurance Portability and Accountability Act
Who does HIPAA apply to
EVERYONE
What does HIPAA do?
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
Mental Health Parity Act 1996
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
Employee Polygraph Protection Act 1988
Prohibits private sector employers from requiring polygraphs or discriminating against those that decline
Required DoL posters
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
1099 independent contractors
Cannot have a set schedule
PVME
The principles of veterinary medical ethics of the AVMA
PVME requires
Protection of the personal privacy of clients and patients unless by court order or written consent
Mandated reporters
Some states require vets to report animal abuse and have safeguards in place
Who can waive confidentiality of medical records
Client only
