PHRD5045 Pharm Law - Employment & Criminal Law

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  1. worker
    employee or independent contractor
  2. differentiates employee from independent contractor
    • direction & control test
    • employee follows directions and is controlled more
  3. Employment-at-will definition
    employer or employee can terminate the employment contract at any time for a good, bad, or no reason
  4. wrongful discharge exceptions (2)
    • 1) implied contract (eg: employee handbook)
    • 2) public policy (jury duty, following law)
  5. exception to grooming policy discrimination
    employer can set differing requirements for hair length and jewelry between men and women
  6. prohibit unequal pay on the basis of sex, for a job that requires similar skill, effort, and responsibility
    Equal Pay Act
  7. 2 types of harassment
    • 1) quid pro quo
    • 2) hostile work environment
  8. constitutes a hostile work environment
    conduct that is objectively severe and pervasive and subjectively unwelcome
  9. management approach to sexual harassment (5)
    • 1) written sexual harassment policy
    • 2) training of all employees
    • 3) written complaint procedure
    • 4) prompt investigation of all complaints
    • 5) appropriate remedial action
  10. National Origin Discrimination (3)
    • 1) national origin (physical, cultural, or linguistic traits)
    • 2) English-only/fluency requirements
    • 3) height/weight requirements
  11. adverse employment action bc an individual engaged in a protected activity
  12. Colorado Anti-Discrimination Act prohibits discrimination on the basis of... (9)
    • 1) disability
    • 2) race
    • 3) creed
    • 4) color
    • 5) sex
    • 6) sexual orientation
    • 7) religion
    • 8) age
    • 9) national origin/ancestry
  13. Sexual Orientation Discrimination
    • 1) CO prohibits sexual orientation bias
    • 2) employee can't be fired for legal off-duty behavior
  14. discrimination based on an employee's obligations to provide care for family members
    Family Responsibility Discrimination
  15. where Family Responsibility Discrimination arises under (4)
    • Title VII
    • ADA
    • FMLA
    • ERISA
  16. ADA
    • Americans with Disability Act
    • must provide reasonable accommodation unless it would create an undue hardship
    • contains anti-retaliation provision
  17. ADEA
    • Age Discrimination in Employment Act
    • protects employees 40+
    • contains anti-retaliation provision
  18. GINA
    • Genetic Information Nondiscrimination Act
    • prohibits discrimination based upon genetic info
    • Title II (Employment) prohibits retaliation
  19. CO minimum wage
  20. FLSA
    • Fair Labor Standards Act
    • establishes minimum wage, anti-retaliation, overtime, damage/attorney fees
  21. overtime
    • all hours worked in excess of 40 in 1 workweek, or 12 in 1 workday must be paid at 1.5x hourly pay rate
    • employer must keep accurate records, or employees records are presumed accurate
  22. overtime exemptions
    • 1) executive
    • 2) professional (pharmacists)
    • 3) administrative

    techs are NOT exempt
  23. FMLA
    • Family Medical Leave Act
    • provides employees w/ 12 weeks of unpaid leave for certain conditions:
    • -serious health condition (self or family member)
    • -child birth/adoption
    • *26weeks for injured military
  24. FMLA employer eligibility
    50+ employees
  25. FMLA employee eligibility
    must have worked 1250 hours & 1 year prior to leave
  26. NLRA
    • National Labor Relations Act
    • unfair labor practices (threats, unions)
    • impasses (strikes/lockouts)
  27. protected concerted activity (part of NLRA)
    anti-retaliation provision included in NLRA
  28. unemployment compensation (UI) employee eligibility
    must be able, available, & seeking employment
  29. workers compensation
    given when employee experiences accidental injury arising "out of or in the course of employment"
  30. CO Wage Payment Statute
    • employer must pay wages and all accrued vacation pay
    • contains anti-retaliation provision
  31. CO Jury Selection Act
    • employer must pay employee up to $50 per day for 3 days for jury service
    • contains anti-retaliation provision
  32. Reference checks in CO
    if written reference, must send copy to employee's last known address upon request
  33. CO Employment Law for nursing mothers
    • employers must provide private room in close proximity to work area to express breast milk
    • employee can use paid or unpaid ┬átime daily to express milk for nursing child for up to 2 years after child's birth
  34. CO Employment Law for parent-teach conferences
    • employers must provide unpaid leave up to 6hr/month or 18hr/academic year to attend academic activities for or with an employee's child
    • may sub existing paid leave
    • employers must have 50+ employees
  35. where criminal procedure is derived from
    due process clause of 5th and 14th amendments
  36. pendulum between due process and crime control models
    procedural law
  37. states that the repression of crime should be the most important function of criminal justice bc order is a necessary condition for a free society
    crime control model
  38. states that persons, houses, papers, and effects shall be protected or secure against unreasonable searches
    4th amendment
  39. Warrants clause
    • all warrants must be based on probable cause
    • must describe the place or person with particularity
  40. trustworthy facts or knowledge sufficient for a reasonable person to believe that the suspect has committed or is planning to commit a crime
    probable cause
  41. Reasonable clause
    allow searches without warrants (where there is probable cause or exigent circumstances)
Card Set:
PHRD5045 Pharm Law - Employment & Criminal Law
2013-12-12 10:57:24
Employment Criminal Law

Employment & Criminal Law
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