Week 3 Employment Law Flashcards
Under the FMLA, the definition of key employee…
Individuals at the top 10% of the highest-paid employees who are employed by the employer within a 75-mile radius of the employee’s work site; restoration of such individuals to previously held or equivalent positions could result in substantial economic injury to employer’s business operations.
The FLMA applies to employers who….
Employ 50 or more employees for each working day during each of 20 or more calendar weeks in the current or previous year; all employees are counted including part-time and temporary employees as long as they were on the payroll at the beginning and end of each relevant work week
The FMLA provides how much unpaid leave to eligible employees?
12 workweeks during any 12-month period
The ADEA applies to employers who….
Employ 20 or more employees
The ADEA prohibits discrimination against persons over _____ years of age, based on their age
40 years of age
Under the ADA, an undue hardship to the employer means….
Significant difficulty, significant disruption of business, or significant expense
Under the ADA, disability means…
A physical or mental impairment that substantially limits one or more of the major life functions of an individual
The ADA law applies to employers who…
Employ 15 or more employees- workers who are on the payroll at least 20 weeks during the year.
Under the ADA, a “qualified person with a disability” means
One who satisfies the requisite skill, experience, education, and other job-related requirements of the position such individual holds or desires, and who, with or without assistance of a reasonable accommodation, can perform the essential functions of such position
Under the ADA, a reasonable accommodation means…
A modification or adjustment to a job or to the work environment that enables a qualified applicant or an employee with a disability to participate in the application process or to perform the job, unless the accommodation would impose an undue hardship on the operation of the business.
Civil rights issues enforced by the EEOC include…
Sexual harassment, pregnancy discrimination, disabled employees, and age discrimination; discrimination related to race, color, religion, sex, or national origin
The EEOC with regards to the Civil Rights Act covers those employers who…
Employ 15 or more employees, meaning anyone with whom the business has an “employment relationship” including part-time workers.
EEOC
Equal Employment Opportunity Commission
HIPAA
Health Insurance Portability and Accountability Act
USERRA
Uniformed Service Employment and Reemployment Rights Act
Title VII is a part of what act?
The Civil Rights act of 1964
OSHA
Occupational Safety and Health Act
COBRA
Consolidated Omnibus Budget Reconciliation Act
ERISA
Employee Retirement Income Security Act
ADEA
Age Discrimination in Employment Act
FMLA
Family and Medical Leave Act
FUTA
Federal Unemployment Tax Act
ADA
Americans with Disabilities Act
FICA
Federal Insurance Contributions Act
FLSA
Federal Labor Standards Act
OSHA applies to which employers?
All employers, regardless of the number of employees
Under the FMLA, an employee is eligible when?
An employee must have been employed for at least 12 months, although the months need to not be consecutive; must have worked at least 1,250 hours during the 12-month period immediately preceding the commencement of leave
Environmental sexual harassment
Includes unwelcome sexual conduct that unreasonably interferes with the individual’s job performance or creates an “intimating, hostile, or offensive working environment”, even if it leads to no tangible or economic job consequence
Quid pro quo sexual harassment
Occurs when submission to or rejection of unwelcome sexual conduct is used as the basis of employment decisions affection the individual
What is the 1099 Form used for?
Report compensation paid to non-employee workers
IRC
Internal Revenue Code
How long must records on wages, hours, and other pay related items be retained?
Three years
Who enforces the FLSA?
The Wage and Hour Division of the U.S. Department of Labor
FLSA definition of workweek is…
Unit of time used to determine compliance with minimum wage standards; defined as seven consecutive, regularly recurring, 24-hour periods totaling 168 hours
FLSA definition of overtime pay
All hours worked above 40 hours in a given workweek; overtime pay premium is 1.5 times the regular rate of pay
The FLSA applies to employers who…
1) engage in interstate commerce; 2) produce goods for interstate commerce; 3) is an enterprise- a business entity with a distant commercial purpose and annual gross sales of $500,000 or more
What does the Fair Labor and Standards Act (FLSA) establish?
Minimum wage and overtime pay standards
The FLSA also regulates the employment of minors.
What is the overtime pay rate according to the FLSA?
1.5 times the regular rate of pay for hours worked over 40 in a work week.
How is a work week defined by the FLSA?
7 consecutive 24-hour periods, totaling 168 hours.
Who is exempt from overtime pay under the FLSA?
Individuals involved in executive, administrative, or professional duties.
What is the minimum age for employees to work nonfarm-related jobs?
16 years of age.
What are the work hour restrictions for youths aged 14-15?
3 hours per day during school days and 8 hours on nonschool days.
What are the permissible work hours for minors during summer?
Until 9 PM.
For how long must employers keep records of wages and hours according to federal guidelines?
A minimum of 3 years after the termination of the employee.
What is the purpose of the Family and Medical Leave Act (FMLA)?
To protect and preserve the integrity of the family.
Which organizations are subject to the Family and Medical Leave Act?
Organizations with more than 50 employees.
How much unpaid leave does FMLA allow employees to take?
Up to 12 weeks.
What are valid reasons for taking leave under FMLA?
- Incapacity due to pregnancy, prenatal care, or childbirth
- To care for a child after childbirth or adoption
- To care for a spouse, son, daughter, or parent with a serious health condition
- A serious health condition preventing the employee from performing their job.
What must eligible employees provide to their employer before taking leave under FMLA?
At least 30 days notice.
What does the Uniformed Services Employment and Reemployment Rights Act (USERRA) protect?
The rights of individuals enrolled in military service.
What are employees entitled to upon returning from military service under USERRA?
The right to return to their previous employment position and benefits.
What does the Immigration Reform and Control Act prohibit?
Discrimination against employees based on national origin.
When should Form I-9 be filled out by new hires?
On the first day of employment.
How long must Form I-9 be retained by employers?
3 years from the date of hire or 1 year after termination, whichever is longer.
What does the Employee Polygraph Protection Act prohibit?
Most employers from using lie detectors for preemployment screening or during employment.
What does the Equal Employment Opportunity policy prohibit?
Discrimination on the basis of race, color, sex, religion, or national origin.
Which act protects individuals over the age of 40 from age discrimination?
The Age Discrimination in Employment Act of 1967.
What does Title VII of the Civil Rights Act of 1964 prohibit?
Sex discrimination in wage payments for equal work.
What is the role of the Occupational Safety and Health Administration (OSHA)?
To set safety standards to protect employees.
What must employers provide according to OSHA standards?
A safe work environment.
How can employees request accommodations during pregnancy?
By asking their employer for reasonable accommodations.
What is required of employers regarding labor and employment law posters?
Posters must be displayed in a location visible to all employees.
Name one of the posters that must be displayed according to federal law.
- Family and Medical Leave Act of 1993
- Uniformed Service Employment and Reemployment Rights Act
- Fair Labor and Standards Act
- Equal Employment Opportunity
- Occupational Safety and Health Administration
- Immigration Reform and Control Act
- Employee Polygraph Protection Act.
