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Business Law Exam 4

Business Law

Employment law is an area of the law concerning the employer/employee relationship
Workers’ Compensation Acts Laws enacted by states that compensate workers and their families when workers suffer employment related injuries
Employment-Related Injury Injury to an employee arising out of and in the course of employment. That is, an injury that is incurred while you are at work doing the thing for which you are paid: -Physical injuries -Stress -Mental illness
Workers’ compensation is an Exclusive Remedy -Exclusive Remedy -Means if the employee sustains a work-related injury the employee must file a worker’s compensation claim. -The employee cannot sue her employer to recover damages
When can a worker sue their employer? -The employer does not have worker’s compensation insurance -The employer intentionally injures the employee
Fair Labor Standards Act (FLSA) -Established standards for national minimum wage and overtime pay -Established the US Department of Labor to enforce the FLSA -Regulates child labor
Minimum Wage Employees in every state must be paid the federal minimum wage for all hours worked -Currently $7.25 per hour
Exceptions from minimum wage requirement Students and apprentices, and disabled employees can be paid less than the minimum wage if the employer receives special permission from the DOL
Tipped employees employer may hire at $2.13 per hour, but tips and hourly rate must total at least the minimum wage. If not, employer must pay the difference
Overtime Employees should be paid overtime of one-and-a-half times their regular pay for each hour worked in excess of 40 hours per week
Workday consists of the time when an employee begins performing her principal activities and the time she stops performing her principal activities
Employees exempt from minimum wage and overtime pay -Executives -Administrative employees -Learned professionals (teachers, college faculty) -Highly compensated employees – persons earning $100,000 or more -Computer employees -Outside sales representatives
What is Allowable Work for Children? separated into two occupations: -Farming (agricultural) occupation -non farming occupations (if they are non hazardous)
Family and Medical Leave Act (FMLA) Federal law enacted in 1993 which guarantees workers unpaid time off from work for family and medical emergencies -Provides up 12 weeks of unpaid leave within a single 12-month period
Consolidated Omnibus Budget Reconciliation Act (COBRA) COBRA – A federal law that provides continuing health coverage to an employee (and her beneficiaries – children, spouse) whose job is terminated voluntarily or involuntarily
Emergency Room Care (concerning COBRA) COBRA also requires that hospitals that participate in Medicare provide “stabilizing” emergency room care to anyone who visits an emergency room for treatment, regardless of that person’s ability to pay for such care
Family Law the area of law that concerns legal matters that confront families or domestic relations
Marriage Legal union between consenting persons that confers certain legal rights and duties upon those persons and upon the children born of that union
Marriage requirements -can't be married -must not be blood relatives -must be 18 years or older or be a minor with parental consent -must obtain a marriage license
Common law marriage a couple is recognized by the state as being legally married even though they have not obtained a marriage license and have not had a marriage ceremony
Two ways to terminate a marriage Annulment & Divorce
Annulment a legal proceeding after which a court order is entered which declares a marriage is void
Divorce A legal proceeding after which a court order is entered terminating a marriage
No-fault divorce -Available in all states -Under a no-fault divorce neither party is blamed for the divorce -A spouse obtains a divorce by simply declaring irreconcilable differences with her spouse
Separate property this is property owned by only one of the spouses and that is acquired before the marriage, or received by that spouse during the marriage as an inheritance or gift
Marital property This is property acquired during the course of marriage from income that is earned by both spouses during the marriage
How is Marital Property Divided? By equitable distribution or community property distribution
Equitable distribution -Courts in states that follow equitable distribution rules attempt a fair distribution of marital property -Fair distribution is not necessarily equal distribution
Community property distribution property acquired by a married couple during the marriage from income earned during the marriage, regardless of which spouse earned the income or earned the higher income, and regardless of whether the property is in the name of only one spouse
Legislative branch has the power to make the laws
Executive branch headed by the president, & has the power to enforce the laws enacted by the Legislative branch
Judicial branch Interprets the laws enacted by Congress
The Supremacy Clause Established the US Constitution is the supreme law of the land. All laws must be consistent with it
Preemption Doctrine The concept that federal law takes precedence over state or local law
Express Preemption Congress may expressly provide that a federal statute exclusively regulates a particular subject matter in which case no state or local government may enact a law regulating that subject matter
Implied Preemption If a statute does not expressly state that exclusive regulatory power is placed with a Federal agency, federal preemption can oftentimes be implied
Commerce Clause Congress shall have the power to regulate Commerce with foreign Nations, and among the several States, and with the Indian tribes
Interstate Commerce Clause Under the Commerce Clause Congress has the broad power to regulate not only activities that move in commerce, but also activities that affect commerce
Bill of Rights First ten ( of 27) amendments to the U.S. Constitution
Freedom of Speech The right to say “whatever” free of government restrain -The government may not prohibit expression simply because it disagrees with its message
What is Speech? Verbal, nonverbal, and symbolic expressions (ex. conduct that conveys a particularized message) such as burning the US flag to criticize the US government, or wearing black armbands criticizing US military action in Vietnam, or picketing)
Fully protected speech Political speech is highly valued because it contributes to the functioning of the country. The exchange of ideas through political discourse elevates the functioning of the democratic process
Limited protected speech Does not have the same value as fully protected speech. The content of the speech cannot be prohibited unless the government seeks to protect an important government interest
Unprotected speech Valueless speech that is not protected by the First Amendment and the government may prohibit these
14th amendment -guarantees equal protection of the laws and due process to all citizens of all states -all states have to abide by the first 10 amendments because of the 14th amendment
Equal Protection Clause A clause in the Fourteenth Amendment to the US Constitution that guarantees all persons equal protection of the laws
Strict scrutiny test Under this form of judicial review, the government must justify the law by showing a compelling governmental interest and that the law is narrowly tailored the law to achieve that interest
Suspect Class A class of individuals that has been historically subject to discrimination
Fundamental rights those rights specifically identified in the Bill of Rights and other rights not specifically mentioned in the Constitution
Due Process Clause No person shall be deprived of “life, liberty, or property” without due process of the law
Procedural due process The government is not prohibited from taking a person’s life, liberty, or property, but it must provide that person with due process before it does any of these things
Intermediate scrutiny test Applied to classifications based on protected classes (e.g., gender)
Rational basis test Applied to classifications that do not involve a suspect or protected class
Temporary alimony support payments made by one divorcing spouse to the other divorcing spouse for a limited period of time for rehabilitative purposes
Permanent alimony this is alimony paid until the receiving spouse dies or remarries
Child Support -Payments made by non-custodial parent to provide financial support for his or her children -Duty to pay continues until child reaches the age of majority or is emancipated
Child custody A determination in a divorce or annulment proceeding concerning which parent should be awarded legal custody of a child of the marriage
Non-Custodial parent parent who is not awarded custody of a child in a divorce or annulment proceeding
Visitation rights rights of a noncustodial parent to visit his or her child for limited periods of time
Joint custody gives both parents responsibility for making major decisions concerning their child
Joint physical custody child of divorcing parents spends a certain amount of time being raised by each parent
Prenuptial and Postnuptial agreements Contract entered into prior to marriage (Prenuptial) or during a marriage (Postnuptial) that specifies how property will be distributed upon the termination of the marriage by divorce, annulment or death, as well as all other matters
Created by: NickUD