Business Law - Chapter 18
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Define employment-at-will doctrine
Either party may terminate the employment relationship at any time and for any reason ("at will")
Define wrongful discharge
Whenever an employer discharges an employee in violation of an employment contract or statutory law protecting employees, the employee may bring a suit for wrongful discharge.
What is the Davis-Bacon Act (1931)
Requires contractors and subcontractors working on federal government construction projects to pay their employees "prevailing wages"
Define Walsh-Healey Act (1936)
Requires firms that contract with federal agencies to pay their employees a minimum wage and overtime pay
Define Fair Labor Standards Act (1938)
Extended wage and hour requirements to cover all employers whose activities affect interstate commerce plus certain other businesses. The act has specific requirements in regard to child labor, maximum hours, and minimum wages.
What is the worker adjustment and retraining notification (WARN) act
Applies to employers with a least one hundred full-time employees and requires that sixty days' advance notice of mass layoffs be given to affected employees.
What is the state layoff notice requirements
May be different from and even stricter than the WARN act's requirements
What is the occupational safety and health act
Requires employers to meet specific safety and health standards that are established and enforced by the Occupational Safety and Health Administration (OSHA)
What is the family and medical leave act (FMLA)
Requires employers with fifty or more employees to provide employees with up to twelve weeks of unpaid leave during any twelve-month period.
What is family leave
May be taken to care for a newborn baby, a newly adopted child, or a new foster child
Define medical leave
may be taken when the employee or the employee's spouse, child, or parent has a serious health condition requiring care
Define military caregiver leave
May be taken to care for a family member with a serious injury or illness incurred as a result of military duty
What is a qualifying exigency leave
May be taken to handle specified non-medical emergencies when a spouse, parent, or child is in, or called to, active military duty.
What are state workers' compensation laws
Establish an administrative procedure for compensating workers who are injured in accidents that occur on the job, regardless of fault.
Define social security
The social security act of 1935 provides for old-age, survivors', and disability insurance
The social security administration also administers medicare, a health-insurance program for older or disabled persons.
What is the federal Employee Retirement Income Security Act (ERISA) of 1974
Establishes standards for the management of employer-provided pension plan
What is the federal unemployment tax act (FUTA) of 1935
Created a system that provides unemployment compensation to eligible individuals. Employers are taxed to cover the costs.
What is the consolidated omnibus budget reconciliation act (CORBRA) of 1985
Requires employers to give employees, on termination of employment, the option of continuing their medical, optical, or dental insurance coverage for a certain period.
What is the Health Insurance Portability and Accountability Act (HIPAA)
Establishes requirements for employer-sponsored group health plans. The plans must also comply with various safeguards to ensure the privacy of employees' health information.
What is the employee privacy rights?
- When determining whether an employer should be held liable for violating an employee's privacy rights, the courts generally weigh the employer's interests against the employee's reasonable expectation of privacy.
- Employer must notify the employee if they're being monitored.
What are the two most common things that employees see as invasive of their privacy rights?
- Electronic performance monitoring
- Drug testing
What is Title VII of the Civil Rights Act of 1964?
Prohibits both intentional (Disparate-treatment) and unintentional (Disparate-impact) discrimination.
What is Disparate-Impact discrimination and when does it occur?
- Unintentional discrimination
- When an employer's practice, such as requiring a certain level of education, has effect of discriminating against a protected class.
What are some remedies for employment discrimination and what sort of damages can be awarded for disparate-treatment discrimination?
- Reinstatement, back pay, retroactive promotion. Compensatory and punitive may be awarded or intentional discrimination
What act protects discrimination based on age?
The Age Discrimination in Employment Act (ADEA): Prohibits employment discrimination on the basis of age against individuals forty years of age or older.
What act protects discrimination based on disability
The Americans with Disabilities Act (ADA): prohibits employment discrimination against persons with disabilities who are otherwise qualified to perform the essential functions of the jobs for which they apply.
How can a disabled plaintiff succeed in a case against an employer
Show that she or he has a disability, is otherwise qualified for the employment in question, and was excluded from it solely because of the disability.
How must an employer accommodate the needs of a disabled worker?
modifying the physical work environment and permitting more flexible work schedules
When does an employer not have to accommodate the needs of workers with disabilities?
Individuals who pose a definite threat to health and safety in the workplace or who are not otherwise qualified for their job.
What are some defenses to employment discrimination
Discrimination was required for reasons of business necessity, meet a bona fide occupational qualification, or to maintain a legitimate seniority system.
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