Business Law Chap 42

Front 1

Employment for a term:

Back 1

Employee may be fired for cause only PLANO

Front 2

Employment at will:

Back 2

Employee may be fired without cause for any reason.

Front 3

3 Exceptions to Employment at will:

Back 3

Discrimination, 3 Public Policy, implied contracts according to company procedures

Front 4

14 Laws to know

Back 4

1. OSHA
2. Workman's compensation
3. Social Security
4. Medicare
5. ERISA 6. Unemployment
7. Cobra
8. FMLA
10. Overtime
9. Child Labor
11. Minimum wages
12. 1932 Norris LaGuradia
13. 1935 NLRA
14. 1947 Labor Management

Front 5

5 Unfair Management practices (ULP) with unions

Back 5

1. Failure to Bargin fairly
2. Interfering with elections
3. Yellow Dog tactics
4. Discrimination against union
5. Interfering with attempts to unionize.

Front 6

6 Unfair Union Practices

Back 6

1. Failure to baring fairly
2. Interfering with elections
3. Featherbedding.
4. Failure to represent union fairly
5. Unauthorized Strikes
6. Closed Shops

Front 7

OSHA

Back 7

Employer must keep workplace free of recognized hasards

Front 8

Workers compensation:

Back 8

Is a now fault system that provides payments to covered employees for injuries suffered in scope and course of business and is usually the only remedy. Medical and disability expenses paid.

Front 9

Social Security:

Back 9

Paid by employee and employer at 15.3%

Front 10

Unemployment claims

Back 10

Only if fired without cause. fired with cause or quit may not draw it. Carefully of constructive discharge

Front 11

Cobra

Back 11

Allows medical coverage after leaving place of employment. Must file for it within 60 days and is good for 18 months.

Front 12

FMLA

Back 12

Leave without pay for 12 weeks for serious family emergencies with reinstatement. Must have worked @ least 25hrs for past 1 year. Does not include top 10% wage earners.

Front 13

Title 7 Civil Right Act of 1964 5 protected classes:

Back 13

Race, Sex, Religion, Color, or National Origin.

Everyone is a protected class

Front 14

Protection of Sexual Orientation is protected in 21 states.

Back 14

Not Missouri

Front 15

Weight and Grooming not in a protected class

Back 15

employment at will

Front 16

Who must follow these rules?

Back 16

Employers or Unions with 15 or more employees, 6 in missouri. Also employment agencies and congress.

Front 17

EEOC procedures?

Back 17

Complaint with EEOC or state agency within 180 days of violation. Agency investigates or gives right to sue order. Or may issue a no case letter.

Front 18

Prima Facie Case means?

Back 18

Failure to Hire

Front 19

4 elements of Prima Facie Case?

Back 19

1. Plaintiff is affiliated with the organization, employee or applicant. And a member of protected class
2. Plaintiff was qualified
3. Plaintiff suffered adversely.
4. Member of another class was treated favorably.

Front 20

Stages of at title 7 case?

Back 20

Filing of Complaint with EEOC, Rebuttal by Defendant, Burden Shift.