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Legal Envi. of Bus

FINAL EXAM (Chapters 17-23, 28) Chp 21

________ ___ is a hodgepodge of state and federal laws that affect and define the employment relationship “Employment law”
____ ___ is a term usually applied to situations involving collective bargaining “labor law”
-employees who have an employment contract for a term of years -employer policy that limits terminations to “good cause” -public policy Exceptions to the "employment at will" doctrine:
-indefinite duration -employee may leave at any time for any reason, or no reason -employer may dismiss employee at any time for any reason, or for no reason, BUT NOT for an illegal reason Employment at will (state law)—traditional or “common law” approach—essential features:
apply to employees working in “interstate commerce,” which includes essentially all employees Wage and hour laws (federal law)
federal wage and hour laws regulate child labor Fair Labor Standards Act (FLSA)
under age __, prohibited from working except for paper route, employed by parents, agriculture, entertainment 14
age ____, prohibited from working in hazardous jobs; hours per day and hours per week are restricted 14-15
age ____, prohibited from working in hazardous jobs 16-17
-age __ or older, no restrictions on working 18
___ also regulates minimum wage—some states have laws providing for a higher minimum than federal law; higher minimum would apply FLSA
___ also regulates overtime—sets up a classification scheme that separates “hourly” employees from “administrative, executive, and professional” employees FLSA
administrative, executive, professional are _____ from time-keeping requirement and are NOT entitled to overtime—usually paid on a salary exempt
_____ employees must keep track of their hours (i.e., punch the time clock) and are entitled to overtime pay at the rate of (1.5 x regular pay) hourly
If employer is going to lay off at least 1/3 of its workforce OR at least 500 employees, whichever is greater, it must give 60 days’ notice to affected employees—notice to employees, their union if applicable, state+local gov’t Layoffs—WARN Act (federal law)
federal law that requires unpaid leave for medical condition of employee or employee’s spouse/child/parent Family Medical Leave Act (FMLA)
-employers with at least 50 employees -employees with at least one year on the job -employees who worked at least 1250 hours in previous year (approx. 60% of full-time) Family Medical Leave Act (FMLA)—applies to:
Employee must request leave and provide medical documentation—in certain cases, employer can require employee to use ____ FMLA
Employer violation of FMLA gives employee a claim for damages: lost wages, lost benefits, etc.; also attorney’s fees and costs
federal law that requires employers to maintain a safe workplace Occupational Safety and Health Act (OSHA)
state laws that covers tort claims by employees against employers Worker’s Compensation Law
worker’s comp will apply: -employer-employee relationship -accidental injury, regardless of fault
Federal and state programs enacted to provide employees with health insurance and/or income when employee retires or becomes disabled/hospitalized/unemployed/dead Income Security
federal program that provides income upon disability/retirement/death (to survivors) referred to as OASDI—deducted from every employees’ check, matched by employer, creates benefit for retirement/death/disability Social Security
federal program that provides employee with health insurance after retirement—funded by employer and employee contributions Medicare
OASDI Old Age Survivor Disability Insurance
Health Insurance for poor people Medicaid
many/most private employers offer a retirement plan Private Pension Plans
two types of private pension plans: -defined contribution -defined benefit
worker earns specific monthly benefit based on age, years of service, etc. defined benefit
worker earns specific amount placed into an account (401K) that is then invested; amount of retirement benefit depends on amount contributed and investment performance defined contribution
Private pensions are regulated by federal law—_____—regulates who participates, what investments can be made, etc. ERISA (Employee Retirement Income Security Act)
federal law sets up a system of contributions (FUTA)—benefit payout is regulated by the states Unemployment Compensation
federal law that requires an employer to offer to allow an employee to continue to participate in employer-provided health plan, even after employee has left, at employee’s cost COBRA
Courts have to balance an employee’s expectation of privacy with employer’s right to control workplace Employee Privacy Rights
Employers are generally ______ from giving lie detector tests prohibited
Created by: 687631825
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