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23 Cards in this Set
- Front
- Back
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Wrongful discharges under employment at will
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public policy exceptions
illegal discrimination implied contract exceptions (not in MO) |
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OSHA record keeping requirements
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requires record keeping by employers with more than 10 employees (must keep 5 year history of illness and injuries)
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2 mandated employment benefits
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Social Security
Medicare |
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ERISA
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regulates private, qualified pension plans.
requires vesting within 5 years forbids discrimination in favor of highly paid employees |
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Unemployment laws
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provides benefits to employees who are terminated without cause
not if fired with cause or involuntarily quit constructive discharge - conditions so bad employee is assumed to be discharged |
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Cobra
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allows employees to stay under group coverage plan if 20+ employees
must make election within 60 days coverage lasts 18 months |
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family and medical leave act
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allows leave without pay for up to 12 weeks per year for family emergencies, along with reinstatement
if employer has 50+ employees excludes top 10% wage earners |
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Fair labor standards act
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dealt with: child labor, overtime, minimum wage
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child labor laws
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<14: newspaper, agriculture, entertainment, for parents
14-15: limited types allowed with work permit 16-17: no hazardous jobs |
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overtime laws
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time and one-half pay for over 40 hours per week
does not include white collar workers (executive, admin or professional, sales person) |
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minimum wage
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$6.55 for covered employees
$7.05 in MO |
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norris leguardia act
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allows peaceful strikes
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NLRA (wagner act)
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right to unionize
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Labor mgmt relations act
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restored neutral federal stance on labor
forbade unfair labor practices of unions |
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5 unfair mgmt practices (labor mgmt relations act)
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discriminate against union members
interefering with attempts to unionize interfering with union elections yellow dog contracts - forcing employees not to join refusing good faith bargaining |
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5 unfair union practices
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closed shops (only union members must be hired)
unauthorized or violent strikes interfering with union elections through intimidation failure to adequately represent union members failure to bargain in good faith |
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minimum wage
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$6.55 for covered employees
$7.05 in MO |
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norris leguardia act
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allows peaceful strikes
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NLRA (wagner act)
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right to unionize
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Labor mgmt relations act
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restored neutral federal stance on labor
forbade unfair labor practices of unions |
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5 unfair mgmt practices (labor mgmt relations act)
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discriminate against union members
interefering with attempts to unionize interfering with union elections yellow dog contracts - forcing employees not to join refusing good faith bargaining |
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5 unfair union practices
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closed shops (only union members must be hired)
unauthorized or violent strikes interfering with union elections through intimidation failure to adequately represent union members failure to bargain in good faith |
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5 defenses of affirmative action for employer (or discrimination of certain classes)
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business necessity
bona fide occupational qualifications (church tests - cannot apply to race) bona fide seniority system Lack of grounds for vicarious liability nondiscriminatory reasons for employment action or behavior |
