Hra Exam - Mod 2 - Employment Law

Front 1

What 2 thinks does Title VII establish and provides (2) Min # of employees?

Back 1

Prohibits: Discrimination in empl on basis of race, color, religion, gender, national origin, pregnancy/childbirth -Sexual harassment, Retaliation; Provides Equal opportunity to participate in training programs, Established EqualEmploymentOpportunityCommission; Applies to private employers or unions with 15+ employees, state/local gov, educational institutions, and public/private emp agencies

Front 2

What does Title VII prohibit, discrimination-wise? (6) What else does it forbid?

Back 2

Discrimination in employees on basis of race, color, religion, gender, national origin, pregnancy/childbirth

Forbids Sexual harassment, Retaliation;

Front 3

What are the 3 major Title VII Amendments?

Back 3

Equal Employment Act of 1972, Civil Rights Act of 1991, Lilly Ledbetter Fair Pay Act

Front 4

What does the Equal Employment Act of 1972 do?

Back 4

Amends Title 7. Extended coverage to all state and local governmental agencies and political subdivisions

Front 5

What are two key components of the Civil Rights act of 1991?

Back 5

Right to seek compensatory and punitive damages based on discrimination. And adds limits depending on size of employer

Front 6

What's the difference between compensatory and punitive damages?

Back 6

compensatory - intende to place victim in position they would have been in had disc not occurred, Punitive (if org acted in malice or reckless disregard of rights): intended to punish organization and discourage future violations.

Front 7

What did the Lily Ledbetter Act of 2009 change?

Back 7

Changed decade old time frame for filing Title 7 compensation disc claims, creating rolling/open time frame

Front 8

What are 4 basic categories of unlawful behaviors as established by Title VII?

Back 8

4 basic categories (disparate treatment, disparate or adverse impact, retaliation, harassment)

Front 9

What's the difference between disparate treatment and disparate impact?

Back 9

Disparate treatment is where protected classes are intentionally treated differently from the outset, and disparate impact are where a practice appears neutral, but still impacts protected groups.

Front 10

retaliation

Back 10

employer takes adverse action against employee for a legitimate objection to discrimination

Front 11

harassment

Back 11

unwelcome verbal, written, or physical conduct creates a hostile or intimidating work environment

Front 12

bona fide occupational qualification

Back 12

(BFOQ) permissible exception to Title 7 prohibition of disparate treatment. Applies to cases where a protected characteristic (religion, gender, age, notational origin) is considered reasonable necessary to normal operation of business.

Front 13

Sexual Harassment

Back 13

if behavior is unwelcome and occurs with sufficient frequency or severity, employer is liable and must take corrective actions.

Front 14

How can a company diminish liability for sexual harassment claims?

Back 14

Prevention includes: Strong Policy against harassment, Developing complaint procedure, Training employees to recognize/report, investigating charges quickly/thoroughly, taking corrective actions

Front 15

quid pro quo

Back 15

occurs when employee is forced to choose between giving in to sex demands of someone in authority, or forfeiting an employment (raise, promotion) benefit or to avoid a detriment (demotion, termination)

Front 16

Hostile work environment

Back 16

occurs when unwelcome sexual conduct unreasonably interferes with individual's performance or creates offensive work environment

Front 17

Age Discrimination in Employment Act (ADEA)

Back 17

(1967) prohibits discrimination in any aspect of employment against persons age 40+ (tied to post WW2 society) Applies to employers with 20+ employees. Prohibits discrimination on basis of age, specifications of age preferences in job notice, deny employment advancement opportunities/benefits based on age. Exempts "bona fide executives" who are 65+

Front 18

Americans with Disabilities Act (ADA)

Back 18

Illegal for covered employer to discriminate against "qualified individuals with a disability" who can perform the essential functions of the job with or without reasonable accommodation. Applies to employers with 15+

Front 19

Reasonable Accommodation

Back 19

Modifying or adjusting a job or environment to enable a qualified individual with a disability to perform ess funct of job, unless it would place undue hardship on employer.

Front 20

Conditions covered by ADA

Back 20

AIDs, Drug users , alcoholics, diabetes, colorblindness, epilepsy. (Not covered: homosexuality, transvestites, comp gambling)

Front 21

ADA Amendment Act (2008)

Back 21

overturned court decisions that limited ADA coverage. prohibits consideration of most mitigating measures in determining whether individual has a disability, provides that individual is regarded as having disability if emp estab that they have been disc against, estab new list of major life activities

Front 22

EEOC

Back 22

enforces principal federal statues prohibiting emp disc. Investigates discrimination and retaliation for reporting disc. May file disc suits on behalf of victims and educates claims of disc brought against federal agencies. Most Common: Race, Sex, retaliation.

Front 23

Employment at will

Back 23

doctrine that employers have the right to terminate an employee at any time with or without prior notice. Same applies for employees (unless contract is in place). Some courts have established "just cause" when considering cases.

Front 24

Office of Federal Contract Compliance Program (OFCCP)

Back 24

is charged with enforcing federal laws and regulations on affirmative action. Conduct compliance evals or audits of fed contractors/sub, to be sure that all regulator requirements are being et.

Front 25

Fair Labor Standards Act (FLSA or Wage and Hour Law)

Back 25

designed to protect workers and address conditions that burdened economy of Great Depression. Covers private sector employers engaged in interstate commerce and retail service firms with 2+ employees and gross sales of 500k, federal/state/local gov.

Front 26

Employee Status (Independent Contractor vs Employee). What is the 3 factor test?

Back 26

3 Factor Test of whether employee or contractor: Behavioral (does org have right to direct/control how worker does his task?), Financial (org have right to control business aspects, financial burden?), Relationship (benefits? contracts? Long-term relationship or defined period? provide key services?)

Front 27

Employee Status: Contractor

Back 27

Behavioral: Empl does not direct/control how worker does tasks. Financial: Worker bears burden of expenses (unreimbursed), investments. Can seek out other business opps, paid flat fee, can make profit/loss. Relationship: Often uses written contract, no benefits, not implied long term relationship, and doesn't perform key aspect of organization's business.

Front 28

Employee Status: Employee

Back 28

Behavioral: Subject to rules about how/when/where to work, can be trained. Financial: Paid regular wage. Relationship: Gets benefits, implied long term relationship, services performed are key aspects of business.

Front 29

What are the 3 requirements for allowing for Exempt status? And what they exempt from? (2)

Back 29

Exempt from FLSA, excluded from FLSA minimum wage and overtime pay requirements. 3 Requirements must be met: Minimum Salary, paid on salary basis, exempt job duties.

Front 30

FLSA: Overtime Pay

Back 30

nonexempt must be paid OT (1.5 times pay) for hours worked in excess of 40 in workweek (fixed reoccurring period of 168 hrs, can be any day of week). includes base pay plus nondisc bonuses, shift premium, prod bonuses commissions, but NOT discret bonuses, contib to benefit plans, or other supp earnings. ONLY includes time worked (not holiday, sick). Generally s/b paid in cash, but public emp can be granted compensatory time (comp time). NOT for nonexempt private emp)

Front 31

Portal to Portal Act

Back 31

Amendment to FLSA that defines "hours worked" and outlines compensable time

Front 32

What does compensable time include?

Back 32

includes: Coffee breaks, fire drills, meal periods if not relieved of all job duties, if not free to leave post, rest time is less than 20 min, driving a vehicle

Front 33

noncompensable time

Back 33

includes: absence for illness/vacation (unless salary), meal periods while out of town, voluntary training programs, travel from home to work.

Front 34

compensatory time

Back 34

Overtime, for PUBLIC emp only, comp time can be paid instead of cash, 1.5 hrs off for every hour over 40 worked. Must be paid normal rate of pay.

Front 35

Child Labor Provisions

Back 35

FLSA restricts hours/conditions for minors. Not allowed anything detrimental to health/physical/mental safety. Empl must obtain proof of age certificate. Restrictions: <14: Prohibited from most work except yes on (formwork, by parents in nonhaz industries, acting/newspaper carrier) 14-15 (during school hrs, no more than 3/hr day or 18/hr week. during vacations (no more than 8/hr day, 40/hr wk) and hours restricted to 7-7 (7-9 summertime); 16-17 (no on haz jobs, but no other restrictions).

Front 36

Minimum Wage

Back 36

current min wage is 7.25, tipped emp is 2.13.

Front 37

FLSA: Administrative

Back 37

Wage and Hour Division of Dept of Labor has broad powers to enforce FLSA min wage/OT, investigate, and initiate penalties. State laws may override and provide more generousness.

Front 38

Equal Pay Act (EPA)? What does it amend?

Back 38

Amends FLSA, prohibits unequal pay for equal or substantially equal work performed by men/women. When pay disparities exist, burden is on employer to defend. Can defend if it shows that it was based on seniority, merit system, quantity/quality of work system, or geographic diff, or other reasonable factor. Bars empl from reducing pay to comply with law.

Front 39

Immigration Reform and Control Act (IRCA)

Back 39

Requires empl to: Assume burden of proving emp is eligible to work in US. Verify Identity/Right to work (must accept any doc listed on I-9 as valid), complete I-9 w/in 3 bus days of hiring, face crim/civil penalties for knowingly hiring illegal aliens.

Front 40

Family and Medical Leave Act

Back 40

designed to help employees balance work/family respon by taking reasonable unpaid leave for certain family/medical reasons. May require emp to take avail sick/annual leave. Eligibility: -Work for empl w/50+ workers w/in 75miles of a worksite. -Have worked for at least 12 mo, worked at least 1250 hrs over prev 12 mo. not required to cover all work sites if that don't fulfill 50+ requirement. Reasons for FMLA: -birth adoption, foster care of child. -emp own health cond. care of spouse, child or parent. -can take up to 12 wks during 12/mo period. -Return to same job or job equiv status/pay. Nat guard/reserves may take additional leave related to military (deployment, mil events, childcare, counseling, post dep). In addit, up to 26 wks allowed to spouse/child/parent/relative caring for recov service member.

Front 41

Drug Free workplace Act

Back 41

Orgs that have contract w/fed gov of 100k, requires them to dev policy that prohib control sub, specify actions against emp, estab drug awareness program

Front 42

Uniformed Services Employment and Reemployment Rights Act (USERRA) prohibits?

Back 42

applies to all empl, regardless of size. prohibits disc in empl on basis of service.

Front 43

Occupational Safety and Health Act (OSHA is Occ Safe and Health Admin)

Back 43

OSHA is responsible for: Setting workplace safety and health standards, conducting workplace inspections to ensure compliance. Resp of empl to familiarize w/requirements, eliminate hazardous conditions, to comply with standards. Corrective actions must be taken.

Front 44

general duty clause

Back 44

requires employers to furnish a place of employment that is free from recognized hazards that may cause death or serious harm.

Front 45

Employee Handbook

Back 45

main, centralized source for setting expectations for empl and emp. Describes legal oblig and emp rights. Can include info like nondicl, safety policies, confl of int, comp pol, work sch pol, emp pay/ben, leave pol, conduct/disc actions, perf guidelines. Widely considered to be supportive nnd beneficial tool for employers as long as it is well constructed with acknowledgements, disclaimers, and flexible processes and ept up to date, and reviewed by empl lawyer. NOT required by law to have on, if out of concerns that policies cited may foster management inflexibility or eventually support emp lawsuits.