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Legal Envi. of Bus
FINAL EXAM (Chapters 17-23, 28) Chp 21
Question | Answer |
---|---|
________ ___ is a hodgepodge of state and federal laws that affect and define the employment relationship | “Employment law” |
____ ___ is a term usually applied to situations involving collective bargaining | “labor law” |
-employees who have an employment contract for a term of years -employer policy that limits terminations to “good cause” -public policy | Exceptions to the "employment at will" doctrine: |
-indefinite duration -employee may leave at any time for any reason, or no reason -employer may dismiss employee at any time for any reason, or for no reason, BUT NOT for an illegal reason | Employment at will (state law)—traditional or “common law” approach—essential features: |
apply to employees working in “interstate commerce,” which includes essentially all employees | Wage and hour laws (federal law) |
federal wage and hour laws regulate child labor | Fair Labor Standards Act (FLSA) |
under age __, prohibited from working except for paper route, employed by parents, agriculture, entertainment | 14 |
age ____, prohibited from working in hazardous jobs; hours per day and hours per week are restricted | 14-15 |
age ____, prohibited from working in hazardous jobs | 16-17 |
-age __ or older, no restrictions on working | 18 |
___ also regulates minimum wage—some states have laws providing for a higher minimum than federal law; higher minimum would apply | FLSA |
___ also regulates overtime—sets up a classification scheme that separates “hourly” employees from “administrative, executive, and professional” employees | FLSA |
administrative, executive, professional are _____ from time-keeping requirement and are NOT entitled to overtime—usually paid on a salary | exempt |
_____ employees must keep track of their hours (i.e., punch the time clock) and are entitled to overtime pay at the rate of (1.5 x regular pay) | hourly |
If employer is going to lay off at least 1/3 of its workforce OR at least 500 employees, whichever is greater, it must give 60 days’ notice to affected employees—notice to employees, their union if applicable, state+local gov’t | Layoffs—WARN Act (federal law) |
federal law that requires unpaid leave for medical condition of employee or employee’s spouse/child/parent | Family Medical Leave Act (FMLA) |
-employers with at least 50 employees -employees with at least one year on the job -employees who worked at least 1250 hours in previous year (approx. 60% of full-time) | Family Medical Leave Act (FMLA)—applies to: |
Employee must request leave and provide medical documentation—in certain cases, employer can require employee to use ____ | FMLA |
Employer violation of FMLA gives employee a claim for damages: | lost wages, lost benefits, etc.; also attorney’s fees and costs |
federal law that requires employers to maintain a safe workplace | Occupational Safety and Health Act (OSHA) |
state laws that covers tort claims by employees against employers | Worker’s Compensation Law |
worker’s comp will apply: | -employer-employee relationship -accidental injury, regardless of fault |
Federal and state programs enacted to provide employees with health insurance and/or income when employee retires or becomes disabled/hospitalized/unemployed/dead | Income Security |
federal program that provides income upon disability/retirement/death (to survivors) referred to as OASDI—deducted from every employees’ check, matched by employer, creates benefit for retirement/death/disability | Social Security |
federal program that provides employee with health insurance after retirement—funded by employer and employee contributions | Medicare |
OASDI | Old Age Survivor Disability Insurance |
Health Insurance for poor people | Medicaid |
many/most private employers offer a retirement plan | Private Pension Plans |
two types of private pension plans: | -defined contribution -defined benefit |
worker earns specific monthly benefit based on age, years of service, etc. | defined benefit |
worker earns specific amount placed into an account (401K) that is then invested; amount of retirement benefit depends on amount contributed and investment performance | defined contribution |
Private pensions are regulated by federal law—_____—regulates who participates, what investments can be made, etc. | ERISA (Employee Retirement Income Security Act) |
federal law sets up a system of contributions (FUTA)—benefit payout is regulated by the states | Unemployment Compensation |
federal law that requires an employer to offer to allow an employee to continue to participate in employer-provided health plan, even after employee has left, at employee’s cost | COBRA |
Courts have to balance an employee’s expectation of privacy with employer’s right to control workplace | Employee Privacy Rights |
Employers are generally ______ from giving lie detector tests | prohibited |