Test 2 Flashcards
What does FMLA protect?
It provides job protection for employees taking time off for their own or a family member’s serious health condition, or for childbirth, adoption, or foster care placement.
What are common reasons to take disciplinary action against an employee?
poor work quality, excessive absenteeism, insubordination, and violations of safety or policy
What are child labor laws under the FLSA?
Restrictions on employment based on age: under 14 (few exceptions), 14-15 (limited hours), and 16-17 (non-hazardous jobs, no hour restrictions).
What are “safety-sensitive” positions?
These are jobs where an employee’s performance can affect their safety or the safety of others, such as roles involving machinery operation, transportation, or hazardous work.
What are the remedies available for prevailing in an EEOC case?
Remedies include reinstatement, back pay, retroactive promotions, and attorney’s fees.
What is the impact of employee dishonesty on workplace culture?
Allowing dishonesty to go unpunished can create a toxic culture where employees believe they can lie without consequences, leading to a lack of integrity across the workforce.
How does the Fair Labor Standards Act (FLSA) protect workers from exploitation?
By setting minimum wage standards, regulating overtime pay, restricting child labor, and ensuring accurate record keeping for hours worked.
What is the employer’s responsibility regarding training employees?
Employers are responsible for properly training employees to prevent liability, especially when it comes to tasks like driving company vehicles or handling sensitive materials.
What is a Right to Sue letter?
A “Right to Sue” letter is issued by the EEOC after an investigation, granting an employee the right to file a lawsuit against the employer in federal court.
What is a “secondary boycott” in labor law?
A secondary boycott involves trying to stop a third party from doing business with an employer involved in a labor dispute, which is illegal under labor law.
What is the purpose of short-term disability insurance in the context of FMLA?
To provide employees with partial income replacement during medical leave, complementing the job-protected but unpaid leave provided by FMLA.
What is the Pickering Test for free speech in government employment?
Under Pickering v. Board of Education, public employers can discipline employees for speech if it disrupts work or damages close working relationships, while balancing public concern.
What is OSHA’s role in the workplace?
OSHA regulates workplace safety, ensuring that employers provide protective equipment and maintain safe working conditions. This includes handling new issues like COVID-19 protections.
What is the Health Insurance Portability and Accountability Act (HIPPA)
HIPAA sets national standards to protect the privacy of medical records and personal health information but does not apply to employment records.
What penalties does the Health Care and Education Reconciliation Act of 2010 impose?
Employers with more than 50 employees must provide health insurance or face penalties of $2000 per employee beyond the first 30 employees.
What is the “Frolic & Detour” exception to respondeat superior?
Employers may not be held liable for employees’ actions when they are on a frolic (a major deviation from work) or a minor detour not related to their job duties.
What are secondary boycotts, and are they legal?
Secondary boycotts, where unions encourage others to boycott a third-party supplier or business related to the employer, are illegal.
What are illegal work stoppages under labor law?
illegal work stoppages includes wildcat strikes, sit-in strikes, and during a cooling - off period
What is the doctrine of respondeat superior?
it holds an employer (principal) liable for the actions of its employee (agent) if the actions occurred within the scope of employment
What are some illegal work stoppages and boycotts?
wildcat strikes, sit-in strikes, strikes during the cooling-off period, and secondary boycotts
What are the primary responsibilities of employers under OSHA regulations?
To provide a safe and healthy workplace, ensure proper training, supply necessary protective equipment, and comply with all safety standards to prevent workplace injuries and illnesses.
What is the purpose of the Labor Management Relations Act?
It permits states to outlaw provisions that force employees to join or continue membership in a union as a condition of employment.
What are an agent’s remedies for a breach by a principal?
the agent can recover damages if the principal breaches duties, such as failure to reimburse or indemnify the agent
How does an employer typically respond to lawsuits involving employee actions?
Employers often argue that they properly trained the employee, followed protocols, and that the employee’s actions were misconduct to limit the damages awarded by a court.
What is the difference between an employee agent and an independent contractor agent?
Employee agents are under the employer’s control and supervision, while independent contractors are self-directed, with less direct control from the employer.
How does the Fair Labor Standards Act (FLSA) address child labor?
It sets age restrictions, limits work hours, and prohibits hazardous jobs for minors, ensuring safe and appropriate work conditions for young workers.
What is the purpose of a performance improvement plan (PIP)?
A PIP is used to help employees improve performance by providing training and mentorship, with regular meetings to track progress.
What are some leadership approaches to employee discipline?
discipline should focus on responsibility to the group’s welfare, holding employees accountable while fostering a supportive and constructive environment
What is the significance of “ratification” in the context of unauthorized contracts?
If an employer approves or benefits from an unauthorized action taken by an employee, such as signing a contract, the action may be ratified, making the employer bound by the contract.
What is Ratification in agency law?
Ratification occurs when a principal later approves or accepts the benefits of an act that an agent performed without prior authority.
How does Progressive Discipline help employers in lawsuits?
Employers can show that they followed a progressive discipline process, such as warnings and corrective actions, to argue that they took reasonable steps to prevent employee misconduct.
What is the relationship between the WARN Act and the FMLA?
Both provide protections to employees, but the WARN Act focuses on mass layoffs and plant closures, while the FMLA covers individual or family medical leave.
How does scope of employment affect liability in tort cases?
In tort cases, actions taken by the employee within the scope of their employment generally make the employer liable for any resulting harm or damages.
What is the Progressive Discipline process?
It begins with coaching and verbal feedback, escalates to written warnings and performance improvement plans, and can ultimately lead to suspension or termination.
What are the benefits of providing short-term disability insurance to employees?
It enhances employee support by offering partial income during medical leave, improving employee satisfaction and retention.
How does the Fair Labor Standards Act (FLSA) address overtime pay?
It mandates that non-exempt employees receive time-and-a-half pay for hours worked beyond 40 in a workweek, ensuring fair compensation for extra labor.
What is the burden-shifting framework in employment discrimination cases?
First, the employee must establish a prima facie case of discrimination. Then, the employer must provide a legitimate, non-discriminatory reason for the adverse action. Finally, the employee must prove that the reason given by the employer is a pretext for discrimination.
What are the main objectives of the Family and Medical Leave Act (FMLA)?
To provide employees with job-protected leave for family and medical reasons, promote work-life balance, and support employees during critical life events.
What is the employer’s strategy when a lawsuit involves employee misconduct?
Employers often admit that the employee was at fault but argue that they took all necessary steps to train the employee and prevent misconduct, reducing the severity of the penalties.
What constitutes retaliation under Title VII?
Retaliation occurs when an employer takes adverse action against an employee for engaging in a protected activity, such as reporting discrimination or harassment.
Was Lawford subjected to severe or pervasive harassment?
Yes, Lawford experienced multiple instances of severe harassment, including inappropriate physical contact and sexual comments.
What are the main components of the Workers’ Compensation system?
Medical benefits, wage replacement, vocational rehabilitation, and death benefits for employees injured or killed in the course of employment.
What should an employer do if an employee is performing poorly but not due to bad intent?
Employers can demote the employee to a role that matches their abilities, sometimes with a pay cut or a salary freeze, to ensure they are performing at an appropriate level.
How did the 2016 FLSA rule change impact salaried employees?
It significantly increased the salary threshold for overtime exemption, requiring many previously exempt employees to receive overtime pay.
What are the consequences for employers who do not comply with the Affordable Care Act’s employer mandate?
Employers may face penalties of up to $2,000 per full-time employee not offered health insurance, excluding the first 30 employees.
What is Ratification in agency law?
Ratification happens when an employer approves an unauthorized action taken by an employee after the fact, thus making the action binding on the company.
What are the main protections offered by the Americans with Disabilities Act (ADA)?
The ADA prohibits discrimination against individuals with disabilities, requires reasonable accommodations, and ensures equal employment opportunities.
What is the concept of “scope and course of employment” in legal terms?
Actions taken by an employee during work hours or while performing their job duties are generally considered within the “scope and course of employment,” making the employer liable.
What is an employer’s duty in response to a harassment claim?
Employers must investigate and address harassment claims, even if the harassment is not directly in the employee’s chain of command.
What is a wildcat strike?
A wildcat strike occurs when workers strike without the union’s authorization, often making the action illegal under labor laws.
How does the Affordable Care Act (ACA) impact employee health benefits?
The ACA mandates that large employers offer affordable health insurance to full-time employees, promotes access to healthcare, and sets standards for coverage and benefits.
What are the consequences for employers who fail to comply with OSHA regulations?
Employers may face fines, sanctions, and increased liability for workplace accidents and injuries resulting from non-compliance.
What is the purpose of the WARN Act’s retraining requirement?
To provide affected employees with opportunities to gain new skills or find new employment, reducing the impact of mass layoffs and plant closures.
What are the key provisions of the Worker Adjustment and Retraining Notification (WARN) Act?
The WARN Act requires employers to provide 60 days’ notice before mass layoffs or plant closures affecting 50 or more employees, ensuring employees have time to seek new employment or retraining.
What constitutes a prima-facie case in hiring or promotion discrimination?
The employee is part of a protected class, the employee was qualified, the employee was rejected, and the position was filled by someone outside the protected class
How can employers ensure compliance with HIPAA regarding employee health information?
While HIPAA primarily applies to healthcare providers, employers should still protect employee health information by securing records and limiting access.
What are the 3 main theories of employment discrimination?
Disparate treatment (McDonnell Douglas case), mixed motives (Hopkins case), and disparate impact (Griggs case)
Why is a right to sue letter?
A letter issued by the EEOC that allows an employee to file a lawsuit in federal court after the EEOC process is complete.
What is an economic strike?
A strike initiated by union workers to press for economic terms during collective bargaining. Employers may permanently replace striking workers in these cases, but are not required to rehire them.
What is the role of short-term disability insurance in supporting employees?
It provides financial support during temporary medical leave, helping employees manage income loss while ensuring job protection under FMLA.
What is OSHA and what does it regulate?
The Occupational Safety and Health Administration (OSHA) regulates workplace safety, including protective equipment, hazard communication, and overall safety standards.
What is the significance of the FLSA’s minimum wage provision?
It ensures that all employees receive at least the federal minimum wage, preventing employers from paying unreasonably low wages.
What is the role of ERISA in employer-sponsored health plans?
ERISA regulates private health plans, ensuring that they are managed properly, benefits are protected, and participants receive necessary information about their plans.
What is the double edged sword of Respondeat Superior for employees?
The double-edged sword is that while employees are protected from personal liability when their actions are within the scope of employment, the employer may use employee misconduct as a defense, potentially damaging the employee’s reputation.
What are the unemployment benefits in Florida?
Florida provides the lowest unemployment benefits in the U.S., with a maximum of $275 per week. The CARES Act temporarily expanded these benefits during the COVID-19 pandemic.
What is “constructive discharge” claim?
Constructive discharge occurs when an employee resigns due to intolerable working conditions that a reasonable person would consider unbearable.
What is a “detour” in the context of employment?
A detour is a minor deviation from work duties (e.g., stopping for lunch) that does not remove the employer’s liability, as it is considered part of the normal course of employment.
How does the Family and Medical Leave Act (FMLA) ensure job protection?
It guarantees that employees taking FMLA leave can return to their same or a similar position with equivalent benefits and pay.
What is the rule regarding strikes under the NLRA
union employees may strike to induce the employer to concede contract terms during collective bargaining
Who is eligible for FMLA leave?
Employees who have worked for their employer for at least 12 months and have at least 1,250 hours of service in the past 12 months, and work at a location with 50 or more employees within 75 miles.
What is COBRA?
COBRA allows employees to pay for their own health insurance for up to three months after leaving a job. However, with the Affordable Care Act in place, COBRA is often more expensive than other health insurance options.
What is the Negligent Hiring Doctrine?
It requires employers to take reasonable steps, such as background checks and reference checks, to protect third parties from harm caused by their employees.
What protections do employees have when striking for unfair labor practices?
If employees strike over unfair labor practices (e.g., illegal working conditions), employers are legally obligated to rehire them and pay back wages.
What determines if an employee is exempt from overtime under the FLSA?
Exemption is based on salary level, job duties, and classification as a professional, administrative, or executive employee.
What are the rules for child labor under the FLSA?
Children under 14 cannot work except in specific cases (like newspaper delivery), while 14-15 year-olds have restricted work hours, and 16-17 year-olds can work without hour limits but not in hazardous jobs.
What are the three elements required to establish a prima facie case of discrimination?
- The employee belongs to a protected class.
- The employee was qualified for the position.
- The employee suffered an adverse employment action.
What remedies does a principal have for an agent’s breach of duty?
Remedies include suing the agent for damages, rescission of agreements, and disgorgement of profits made through unauthorized acts.
What are “retaliation claims” under Title VII?
Retaliation claims arise when an employer takes adverse action against an employee for engaging in protected activities, such as filing a discrimination complaint or participating in an investigation.
What are the requirements for short-term disability insurance?
Employees usually must be employed for at least one year and pay into the insurance program monthly.
What is the purpose of the Occupational Safety and Health Administration (OSHA)
OSHA aims to ensure a safe and healthy workplace by setting and enforcing safety standards and providing training, outreach, and education.
How does COBRA differ from the Affordable Care Act (ACA)?
COBRA requires continuation of employer-provided insurance at the employee’s expense, whereas the ACA offers a broader range of health insurance options and protections.
What are “illegal work stoppages” under labor law?
Examples of illegal work stoppages include wildcat strikes (without union permission), sit-in strikes (inside the workplace), and strikes during a cooling-off period.
What strategies can employers use to comply with the WARN Act?
Maintain accurate employee records, plan ahead for potential layoffs, provide timely notices, and offer retraining opportunities to affected employees.
What is the WARN Act?
The Worker Adjustment and Retraining Notification (WARN) Act requires employers to provide 60 days’ notice before mass layoffs or plant closures affecting 50 or more employees.
What is the primary purpose of worker’s compensation laws?
Workers’ compensation provides financial benefits and medical care to employees injured or made ill on the job, while shielding employers from most lawsuits related to workplace injuries.
What remedies are available in employment discrimination cases?
Injunctions, reinstatement, back pay, retroactive promotions, and requiring the employer to change discriminatory practices.
How does the Affordable Care Act (ACA) affect small businesses?
While the ACA’s employer mandate targets larger employers, small businesses may still be influenced by ACA provisions through the broader health insurance market and state regulations.
What does ERISA ensure regarding retirement accounts?
It guarantees employees’ access to their retirement accounts and protects against misuse by employers.
What are the limitations of COBRA for employees seeking continued health coverage?
COBRA can be prohibitively expensive, as employees must pay the full premium, including the portion previously covered by the employer.
What does ERISA stand for
Employee Retirement Income Security Act
What factors do California courts consider when distinguishing between employee agents and independent contractors?
courts consider factors such as the skill required, control over work, provision of tools, length of employment, and payment method
What is ratification?
Principal later approves the agent’s action.
What does ERISA guarantee?
ERISA ensures employees’ access to their retirement accounts if offered by their employer. Employers must comply with specific guidelines to avoid misuse of retirement funds.
What is the role of arbitration in congressional harassment claims?
Prior to reforms, harassment claims against congressional staffers were resolved through arbitration, which created a chilling effect on employees bringing complaints.
What are Gratuitous Agents?
These are agents who work voluntarily without receiving payment, yet still owe the same duties to the principal as paid agents.
Under what doctrine is a principal liable for an agent’s torts?
The doctrine of respondeat superior, where a principal can be held liable for the actions of employee agents, typically in cases of negligence.
What is the significance of employee discipline in legal cases?
Disciplining or firing employees involved in misconduct can help employers show that they take employee behavior seriously and can reduce potential damages in legal cases.
How did the 2016 and 2020 FLSA rule changes impact overtime exemptions?
The 2016 change increased the salary threshold to $47,476 with planned inflation adjustments, but was blocked by an injunction. The 2020 update set a new threshold at $35,568, halfway between the old and proposed limits.
What is the role of unions during a recession or economic downturn?
Unions aim to protect workers during economic hardships by advocating for fair wages and benefits, but they face challenges such as companies prioritizing stock buybacks and executive compensation over employee welfare.
What does a prima facie case of discrimination require?
It requires the employee to show that they belong to a protected class, were qualified for the job, and were subject to adverse action, among other factors.
What is the role of in house counsel in employment lawsuits?
In-house counsel prepares employees for lawsuits, provides legal defense, and ensures that the company minimizes liability while the employee is supported during legal proceedings.
What is the significance of documenting disciplinary actions?
Documentation creates a clear record of the steps taken to address employee issues and is crucial in defending the employer if the case goes to court or if the employee files a complaint.
What does the Family Medical Leave Act (FMLA) provide?
Up to 12 weeks of unpaid leave for employees to care for family medical matters, with job protection.
What is the IRS’s 3-prong test used for?
The IRS uses it to determine an agent’s status by examining the behavioral aspects of the relationship, financial arrangements, and the nature of the working relationship.
What does the Occupational Safety and Health Act require from employers (OSHA)?
OSHA requires employers to provide a safe workplace, comply with health and safety standards, and report work-related injuries.
What is the federal minimum wage under the FLSA?
$7.25 per hour, though states and localities may set higher minimum wages.
What is an Intentional Tort and how does it affect employer liability?
An intentional tort, such as theft or assault, is a deliberate action by the employee. In such cases, the employer may argue that the employee was acting outside the scope of their job, reducing the employer’s liability.
What are the 3 types of authority in an agent’s contract liability to third parties?
actual authority, apparent authority, and ratification
What is the first step an employee mist take in an EEOC case?
The employee must file a complaint with the EEOC within 180 calendar days of the adverse job action.
What is the purpose of employee training in legal defense
Proper employee training helps employers demonstrate that they took reasonable steps to prevent employee misconduct, which can reduce the company’s liability in legal cases.
What strategies can employers use to comply with the Fair Labor Standards Act (FLSA) overtime requirements?
Regularly review employee classifications, adjust salaries to meet exemption thresholds, accurately document job duties, and ensure proper recordkeeping for hours worked.
What is an affirmative action plan?
An affirmative action plan is a program that employers may implement to promote equal employment opportunities for underrepresented groups, often required for government contractors.
What is the significance of a fleet vehicle in an employment lawsuit?
If an employee is involved in an accident while driving a fleet vehicle, it is usually considered to be within the scope of employment, making the employer liable.
What is the role of the Department of Labor in enforcing OSHA regulations?
The Department of Labor oversees OSHA compliance, conducts inspections, and enforces safety standards to protect workers from workplace hazards
What is the legal concept of “but for causation in employment law?
“But-for causation” means that the employee’s actions would not have occurred but for their employment, which can establish liability for the employer in certain cases.
What is ERISA’s purpose?
The Employee Retirement Income Security Act (ERISA) ensures that employees receive benefits from employer-sponsored pension and health plans once they are vested.
What is the impact of apparent authority on a company’s legal obligations?
Apparent authority can bind a company to contracts or actions taken by employees if third parties reasonably believed the employee had the authority to act on behalf of the company.
How does the Family and Medical Leave Act (FMLA) support work-life balance?
By allowing eligible employees to take extended leave for family and medical reasons without fear of losing their jobs, promoting a healthier work-life balance.
What are the risks for employers when employees use social media?
Employees’ social media posts can harm a company’s reputation, and employers may be held liable if the posts were related to the employee’s work or position at the company.
What is an employer’s obligation regarding harassment by customers?
Employers must protect employees from harassment by customers and can remove the customer or reassign the employee to avoid further harassment.
What are the main protections provided by ERISA for retirement plans?
ERISA ensures fiduciary responsibility, protects plan assets, mandates disclosure of plan information, and provides participants with rights to their retirement benefits.
How does the WARN Act differ from the FMLA in terms of employee protection?
The WARN Act focuses on providing advance notice for mass layoffs and plant closures, while the FMLA provides individual medical and family leave with job protection.
What role does ERISA play in employer-sponsored retirement plans?
ERISA ensures that retirement plans are managed properly, protects participants’ benefits, and requires disclosure of plan information.
How does the CARES Act affect unemployment benefits?
It temporarily expanded unemployment benefits, including higher weekly payments and extended eligibility during the COVID-19 pandemic.
What role does Employee Misconduct play in lawsuits?
In lawsuits, employers may argue employee misconduct to minimize liability by showing that the employee violated company policies or acted irresponsibly.
What is progressive discipline?
Progressive discipline involves addressing employee issues through escalating steps such as reprimands, performance improvement plans (PIPs), and termination if necessary.
What are the key provisions of COBRA?
COBRA allows employees who lose their jobs or have a reduction in hours to continue their group health insurance coverage for a limited period of time.
What is the significance of employee insurance in cases of accidents while working?
When an employee uses a personal vehicle for work purposes and is involved in an accident, their personal insurance may be primarily responsible for covering damages, though the employer may also share liability.
What is secondary boycott?
An attempt to influence a company by targeting another party that does business with them, such as using social media to call for a boycott of a third-party business.
What legal protection do employees have when being sued for actions within the scope of their employment?
Employees are typically removed from lawsuits when their actions are within the scope of employment, and the employer takes on the legal responsibility.
What happens after an employee files a complaint with the EEOC?
The burden shifts to the employer to prove a legitimate, non-discriminatory reason for the adverse action.
What is the relationship between the FMLA and short-term disability insurance?
While FMLA provides job-protected unpaid leave, short-term disability insurance offers partial income replacement during medical leave, complementing FMLA benefits.
How does the Affordable Care Act (ACA) affect employee health insurance benefits?
It mandates that large employers offer affordable health insurance, expands access to coverage, and sets standards for essential health benefits.
What happens if an employee lies during a disciplinary hearing?
If an employee lies, the employer should terminate them, as dishonesty is toxic to the work environment and undermines trust.
What is the Lilly Ledbetter Fair Pay Act of 2009?
It resets the 180-day statute of limitations for filing an equal pay lawsuit with each discriminatory paycheck an employee receives.
How does an employee prove pretext in a discrimination case?
By showing that the employer’s stated reason for the adverse action is false and that discrimination was the real reason.
What are the key considerations for employers when implementing drug and alcohol testing policies?
Ensuring testing is conducted legally, maintaining confidentiality, and having clear procedures to handle positive results appropriately.
What are compensatory damages in employment discrimination cases?
Compensatory damages include back pay, lost benefits, emotional distress, and other financial losses resulting from the discrimination.
What are the potential penalties for employers violating the Fair Labor Standards Act (FLSA)?
Employers may face back pay obligations, fines, and legal action for failing to comply with minimum wage and overtime requirements.
What is workers’ compensation?
A form of insurance providing wage replacement and medical benefits to employees injured in the course of employment, serving as an exclusive remedy against employers.
What is the importance of diversity in leadership within companies?
Companies with diverse leadership and board members tend to see fewer EEOC issues and create more inclusive workplaces.
What is the overtime rule under FLSA?
Employees who work over 40 hours per week must be paid time-and-a-half, unless they are exempt. Exempt employees typically hold higher-level, salaried positions or have specialized skills.
What are the exceptions to the employment-at-will doctrine?
Express contracts, common law exceptions, and statutory protections such as anti-discrimination laws
What does the Occupational Safety and Health Act (OSHA)
OSHA sets national workplace safety standards, mandates information disclosure about hazards, and requires employers to keep a reasonably safe workplace.
What is the Bona Fide Occupational Qualification (BFUQ) defense?
BFOQ allows employers to hire employees based on certain qualifications (e.g., age, gender) if they are reasonably necessary to the normal operation of the business, such as hiring only female attendants for a women’s locker room.
What are the child labor restrictions under the FLSA?
Under 14: Limited to certain jobs like newspaper delivery, with strict hour restrictions.
Ages 14-15: Limited hours and prohibited from hazardous work.
Ages 16-17: Unlimited hours except for hazardous occupations.
How should managers handle employee complaints during disciplinary meetings?
Managers should keep the meeting focused on the issue at hand, while offering to schedule another time to discuss any unrelated concerns raised by the employee.
Was there a causal connection between Lawford’s report of harassment and her termination?
No, Lawford was terminated due to embezzlement, not because of her harassment report.
What is a Performance Improvement Plan (PIP)?
A PIP is a formal plan to help employees improve their performance over a set period of time with clear goals, expectations, and potential consequences if performance doesn’t improve.
How does the Fair Labor Standards Act (FLSA) define a “non-exempt” employee?
A non-exempt employee is eligible for overtime pay and must be paid at least the federal minimum wage, regardless of salary or job duties.
How does the ACA’s employer mandate encourage workplace health benefits?
By imposing financial penalties on employers who do not provide health insurance to their full-time employees, the ACA incentivizes the provision of employer-sponsored health plans.
How does Employee Misconduct affect the outcome of a lawsuit?
Employers may use employee misconduct as a defense to argue that the employee acted irresponsibly or violated company policies, thereby reducing the employer’s liability.
What is indemnification in the context of employment law?
Indemnification refers to the employer’s obligation to cover any legal costs or damages an employee incurs while acting within the scope of their job, especially if they are sued as a result of performing their duties.
Does FMLA provide income protection?
No, FMLA provides job protection but does not require employers to provide paid leave.
What is a “cooling off period” in labor law?
A cooling-off period occurs when the government intervenes in a strike, typically for essential services like transportation or public safety, and during this time, employees cannot strike.
What is the McDonnell Douglas test?
A legal standard used to determine whether discrimination occurred in hiring and promotion cases.
What is considered a hostile work environment?
A work environment becomes hostile when discriminatory conduct is severe or pervasive enough to create an intimidating, hostile, or abusive environment.
What is a wildcat strike?
A wildcat strike is an unauthorized strike by employees without the union’s permission, which is illegal.
What are the challenges employers face with the FLSA’s overtime rules?
Employers must accurately classify employees as exempt or non-exempt and ensure compliance with overtime pay requirements, which can be complex and costly.
What is collective bargaining?
It is the process by which union and employer representatives negotiate terms of employment, such as wages and working conditions, in good faith
What role does the Department of Labor play in enforcing FMLA and FLSA?
The Department of Labor oversees compliance, investigates violations, and enforces penalties to ensure employers adhere to FMLA and FLSA regulations.
How can employers minimize the risk of being liable for employees’ social media activity?
Employers should implement clear social media policies, provide training on appropriate online behavior, and monitor employee activity when it involves work-related matters.
What protections does the National Labor Relations Act (NLRA) provide?
general protections to the rights of workers to organize, engage in collective bargaining, and use economic weapons like strikes
What happens if an employee refuses to follow a performance improvement plan (PIP)
Refusal to follow a PIP, such as refusing to learn a new skill required for the job, can lead to further disciplinary action, including termination for insubordination.
What is the difference between compensatory and punitive damage?
Compensatory damages compensate the victim for losses, while punitive damages are intended to punish the employer for egregious conduct and deter future violations.
What is the prima facie case for sexual harassment?
Harassment based on a protected class that is either a condition of employment or is severe enough to create a hostile work environment.
What is the significance of documenting employee behavior?
Documenting behavior, such as coaching sessions and warnings, creates a timeline that protects the employer in legal cases and demonstrates consistent management practices.
What is the best way to protect yourself in the workplace if you feel unsafe or targeted?
Keep a personal timeline of inappropriate incidents, including dates and details, and save any relevant emails on a private USB, not a work computer.
How can a company protect itself from liability for unauthorized employee actions?
Companies can protect themselves by clearly defining who has authority to act on the company’s behalf, providing training, and monitoring employee activities, especially in high-risk areas like contract negotiations.
What is a hostile work environment claim?
A hostile work environment occurs when an employee is subject to unwelcome conduct based on their protected class that is severe or pervasive enough to create an intimidating, hostile, or abusive work environment.
What is the IRS’s role in distinguishing between an employee and an independent contractor?
The IRS uses a 3-prong test that looks at behavioral control, financial control, and the nature of the working relationship to determine employment classification.
What does OSHA stand for?
Occupational Safety and Health Act
What is the Rescission and Disgorgement remedy for a principal?
It allows the principal to cancel a contract and recover any profits that an agent wrongfully earned through unauthorized acts.
How does the Affordable Care Act (ACA) influence small employers?
While the ACA’s employer mandate applies to employers with 50 or more full-time employees, it indirectly affects smaller employers by setting industry standards for health benefits and competition.
How can defensive driving training help employers reduce liability?
Employers can reduce liability in vehicle-related accidents by providing defensive driving training to employees who operate company vehicles, demonstrating that the company took steps to prevent accidents.
What does the Fair Labor Standards Act (FLSA) regulate?
It regulates minimum wage, overtime pay, child labor, and classifications of exempt and non-exempt employees.
Can employees switch from workers’ compensation to suing their employer?
No, once an employee chooses workers’ compensation, they cannot switch to a lawsuit as workers’ compensation is the exclusive remedy.
How does the Affordable Care Act (ACA) promote employer-provided health insurance?
By requiring large employers to offer affordable health plans, the ACA encourages broader access to employer-sponsored insurance and reduces the uninsured population.
What are the key protections under the Americans with Disabilities Act (ADA)?
The ADA prohibits discrimination against individuals with disabilities, requires reasonable accommodations, and ensures equal employment opportunities.
What is the Consolidated Budget Reconciliation Act (COBRA)?
The Consolidated Omnibus Budget Reconciliation Act mandates that employers offer continued health insurance coverage to terminated employees.
What is the significance of the “exclusive remedy” rule in workers’ compensation?
It limits employees to receiving workers’ compensation benefits for workplace injuries, preventing them from suing employers for additional damages.
What is the concept of Respondeat Superior in employment law?
Under Respondeat Superior, an employer is liable for the actions of an employee if those actions are performed within the scope of employment.
What are a principal’s remedies for breach by an agent?
the principal may recover damages through rescission and disgorgement or by suing the agent for unauthorized acts
What is the impact of an employee acting on a “detour” during work?
A detour refers to a minor deviation from work duties (e.g., stopping for gas) that does not remove the employer’s liability, as it is still within the scope of employment.
