Unit 5 Flashcards
Work relates injury requirement (2 parts)
- must a rise out of the employment
2. and happen in the course of the employment. 1407
An employee _______ Sue her employer for a violation of OSHA, However the _______ may seek injunctive relief.
cannot, secretary of labor 1409
Under the Family and Medical Leave Act (FMLA), employees are entitled to a total of 12 work weeks of leave during a 12 month period for one or more of the following reasons:
- the birth of a child and need to care for that child
- adoption of a child
- the need to care for a spouse, child, or parent with a serious health condition
- the employee’s on a serious health condition 1410
the 12 weeks under FMLA are usually ______ pay.
without 1410
A new provision to the FMLA allows 12 weeks of leave for the following exigency:
The employees spouse, son, daughter, or parent is on active military duty or has been notified of an impending call to duty status 1410
FICA revenues finance (4)
- survivors benefits
- social Security
- disability benefits
- medical and hospitalization benefits for the elderly through Medicare. 1410
_________ was a response to abuse of pension plans by employers such as arbitrate termination of participation in the plan, arbitrate benefit reduction, and miss management of the fun assets.
The Employee Retirement Income Security Act (ERISA) 1411
ERISA imposes ______ on pension fund managers. ERISA also imposes 3 other requirements:
Fiduciary duties
- record-keeping
- reporting
- disclosure
The Fair Labor Standards Act (FLSA) regulates ____ and _____ by entitling employees to the following (2)
hours, wages
- a specified minimum wage who is amount changes over time
- a time-and-a half rate for work exiting 40 hours per week 1411
The _______ prohibits oppressive child labor by any employer engaged in interstate commerce and forbids the interstate shipment of goods produced in establishment where oppressive child labor occurs.
FLSA also
1411
“yellow dog contracts” of which are outlawed now were…..
Contracts under which employees agreed not to join or remain a union member 1411
The ________ also called ______, gave employees the right to organize by enabling them to form, join, and assist labor organizations.
National Labor Relations Act of 1935, Wagner Act. 1412
The _______ also called the ________,declared that certain acts by unions are unfair labor practices to include refusing to bargain collectively with an employer, conducting a secondary strike for a specified a illegal purpose, and forcing employer to pay for working and actually performed.
Labor Management Relations Act, Taft-Hartley Act 1412
The _______ which forbids sex discrimination regarding pay was an amendment to the FLSA minimum wage provisions and unlike the FLSA, also covered: (3)
Equal Pay Act (EPA),
- executives
- administrative employees
- professional employees 1412
_____________ is a wide ranging employment discrimination provision that prohibits discrimination based on race, color, religion, sex, and national origin in hiring, firing, job assignments, pay, access to training in apprenticeship programs, and most other employment decisions
Title VII of the 1964 Civil Rights Act 1413
Title VII covers all employers employing _____ or more Chloe’s and engaging in an industry affecting interstate commerce.
fifteen 1413
Private parties with a Title VII claim have ____ automatic right to sue. Instead, they first was file a charge with the _________, or with a state agency is states having suitable fair employment laws and enforcement schemes.
no, Equal Employment Opportunity Commission 1413
When an employee files a Title VII charge with a state agency that is party to a work sharing agreement, the charge is considered “_______” at the EEOC (and vice versa).
Dual filed 1413
until the employee receives a _________ from the EEOC or state agency for her Title VII claim, a court ______ adjudicate the claim. One she receives is, she has _____ to file the law suit in court.
“Right-to-sue letter”, cannot, 90 days; 1414
Title VII incorporates 2 primary theories of discrimination:
- disparate treatment
2. disparate impact 1414
________ claims involve allegations that employer treated and employee differently because of the employees protected status such as race, color, religion, sex, or national origin.
Disparate treatment 1414
_________ claims involve allegations that employers policies or practices that are seemingly neutral with regard to race, color, religion, sex, or national origin have a disproportionate negative impact on members of one of those groups.
Disparate impact 1414
Example: A height requirement that disproportionately screens out more woman then men.
The ________ under Title VII allows an employer to limit the plaintiffs recovery in a mixed-motives disparate treatment claim, if the employer proves that it would have taken the same action in the absence of the unlawful motivating factor.
Same-decisions defense 1418
