Yr Reg 33 (2)

Front 1

ADEA prohibits

Back 1

Mandatory retirement below the age of 70 unless the age requirement is a reasonable business necessity

Front 2

Remedies for violating ADEA

Back 2

Injunctive relief and back pay

Front 3

Rehabilitation Act of 1973

Back 3

employers with federal contracts of $2,500+ must take affirmative action to hire qualified handicapped workers.

Front 4

Americans with Disabilities Act

Back 4

1) Can’t discriminate if the employee can do the basic job
2) Also prohibits discrimination in public transportation and public accommodations

Front 5

Equal Pay for Equal Work Act

Back 5

If sex discrimination exists, the woman’s pay is raised, the man’s pay is not lowered

Front 6

Valid defenses to alleged employment discrimination

Back 6

a. Bona Fide Occupational Qualification permits discrimination for a reasonable business necessity (can’t use this defense for discrimination based on race or color)
b. National security
c. Professionally developed ability test
d. Seniority or merit system

Front 7

Federal Fair Labor Standards Act (FLSA)

Back 7

1. Prohibits employment of children under 14

2. Minimum wage and time and a half for work over 40 hours

Front 8

Who enforces FLSA

Back 8

The Department of Labor

Front 9

What can the Department of Labor do to enforce FLSA?

Back 9

a. Can initiate both civil and criminal actions for violations but can’t issue injunctions
b. Can conduct hearings and investigations – subpoena witnesses, books and records
c. Can issue wage orders requiring employers to pay wages found due

Front 10

When can children under 14 work?

Back 10

Agricultural workers

Newspaper carriers

Child actors

Children employed by parents

Limited hours of nonhazardous work

Front 11

FLSA doesn't provide time and a half work for over 8 hours a day or weekends, except in the case of

Back 11

teachers

outside salesmen

professional and supervisory workers

seasonal workers

fishing

Front 12

Employee Retirement Income Security Act (ERISA)

Back 12

Regulates existing pension plans

a. Sets standards for funding and investment of pension funds to avoid mismanagement

b. Pensions can be contributory (employee contributes) or noncontributory (employer provides all the funds)

c. Employers are prohibited from unduly delaying employee’s participation in pensions

Front 13

Employee vesting under ERISA

Back 13

a. An employee’s right to their own contributions vest immediately
b. Employee’s right to their employer’s contributions vest after 5 years of employment

Front 14

Established Pension Benefit Guarantee Corporation

Back 14

provides protection if pension goes bust

Front 15

Family and Medical Leave Act (FMLA) entitles employees to

Back 15

take 12 weeks of unpaid, job-protected leave in 1 year

provides protection of original job upon returning

Front 16

What employees are eligible to FMLA 12 weeks?

Back 16

Must have worked at least 1,250 hours over the past 12 months

Front 17

Environmental Protection Agency (EPA):

What is it and what law actions can they take?

Back 17

The EPA is the principal administrative agency for federal environmental laws

a. May initiate civil law suits and criminal actions through the Justice Department
b. Private citizens may also sue violators and sue the EPA to force it to do its job

Front 18

National Environmental Policy Act (NEPA)

Back 18

a. Requires all branches of government consider the environmental effects of major federal actions prior to undertaking those actions

b. Requires an environmental impact statement (EIC) when major federal actions might significantly affect the quality of the human environment

c. Private party actions may require an EIS is there is major federal involvement

d. Private citizens may sue to force governmental compliance with NEPA

Front 19

Who establishes national ambient air quality standards for major air pollutants?

Back 19

The EPA, with each state developing a State Implementation Plan for meeting these standards

When approved, SIP can be enforced at the state and federal level

Front 20

Clean Air Act (CAA) addresses cars

Back 20

New cars must be certified by EPA (or face recall)

Front 21

Clean Air Act addresses stationary sources of air pollution

Back 21

Must install the best available technology for reducing air pollution

Front 22

Clean Air Act addresses acid rain

Back 22

CAA places a cap on overall emissions of nitrogen oxide and sulfur oxide and requiring electric utilities to reduce emissions

Front 23

Who has primary responsibility for enforcing the CAA?

Back 23

The states

EPA takes action when states fail to

Private citizens may sue to compel action

Front 24

Clean Water Act requirements

Back 24

1. Requires industries discharging waste into our waters to install the best available water pollution control technology

2. Requires states to set water quality standards, with EPA acting if states fail

3. Requires an industry or municipality discharging into the water to obtain a National Pollution Discharge Elimination System (NPDES) permit

4. Prohibits releasing hazardous substances/oil into the water

5. Requires a permit for dredging or filling activities in wetlands areas

Front 25

National Pollution Discharge Elimination System permit

Back 25

1) Lists the amount of designated pollutants permitted to be discharged
2) Specifies steps required to reduce present discharges
3) Permit holder must notify authorities if they will not meet permit requirement

Front 26

Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)

Back 26

provides a federal Superfund to clean up controlled or abandoned hazardous waste sites

Front 27

What parties are liable for waste clean up under CERCLA?

Back 27

a) Current owners and operators whether they caused it or not
b) Past owners and operators of the site at the time of disposal
c) Generators (i.e. the owner of the waste deposited at the site)
d) Transporters of the hazardous waste to the site

Front 28

Recourse Conservation and Recovery Act (RCRA)

Back 28

gives EPA the power to control hazardous waste
at current or future sites and to set standards for the disposal of nonhazardous solid waste

Front 29

What penalties can you face for violating the clean air act?

Back 29

Criminal or civil