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15 Cards in this Set
- Front
- Back
Workers covered under Fair Labor Standards Act (FLSA)
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a. workers at a business engaged in interstate commerce
b. domestic workers (nannies, chauffeurs, housekeepers) c. state and local gov. workers d. most federal employees |
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Workers exempted from FLSA
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Executives
Administrators Professional employees (anyone with professional degree) Outside sales person Employees of certain small farmers Casual baby-sitters (not full-time) |
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Workers exempted from overtime pay provision only under FLSA
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a. certainly highly paid commissioned employees of retail and service businesses
b. farm workers c. domestic service workers that reside in their employer's homes |
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Sub-minimum wage provisions under FLSA
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1. full-time students at an institution of higher learning
2. youth under 20 for the first 90 consecutive days of employment with that employer 3. individuals whose productive capacity is impaired by age, physical, or mental defiency |
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Unemployment compensation: Misconduct
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willful, wanton, substantial disregard for the employers interest
Not mere negligence or incompetence |
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Exception to voluntary quits in unemployment compensation
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a. Voluntary termination plan (early retirement)
b. good cause |
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Good cause in voluntary quitting, unemployment compensation
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Two part test
1. Did E'ee have a reasonable dispute with E'r? 2. Did E'ee take reasonable steps to resolve the dispute before quitting? |
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Immigration Reform and Control Act (IRCA)
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a. Cannot hire, recruit, or refer for a fee unauthorized aliens
b. Cannot employ an alien in the U.S knowing that the alien is or has become unauthorized with respect to employment |
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Worker's compensation laws are...
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state laws.
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Worker's compensation laws provide compensation...
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without regard to negligence or fault.
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Exeption to worker's compensation law:
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If the employer is involved in an intentional tort (i.e. tort)
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Benefits of worker's compensation laws
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1. immediate medical benefits
2. prompt periodic wage replacement - not usually as much 3. death benefit (family receives) 4. payment for loss of function or disfigurement 5. vocational re-training |
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Worker's compensation laws. Injury or disease must arise out of and be in the...
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course and scope of unemployment.
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Generally non-compensable
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unpaid lunch breaks, "coming and going"
Exception: "special errand exception" If employee is on a special errand for work, if injuries occur during that than it's work. |
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2 main factors considered for tort of intrusion on seclusion
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1. how obnoxious means used to intrude
2. reason for intrusion |