Term
| To which employers does workers comp apply? |
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Definition
| All but those with 3 employees or less |
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Term
| Who does workers comp protest? |
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Definition
Only employees
- Not independent contractors |
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Term
| What does workers comp allow an employee to do? |
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Definition
Allows injured workers to recover under strict liability
- Removes the need to prove the fault of the employer and eliminates defenses for employers
- The amount of recovery is often less so its a compromise for employer
- Exclusive remedy for employee unless it was intentional |
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Term
| Who can workers sue in the case of workers compensation? |
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Definition
| Others who cause or contribute to their injuries |
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Term
| 2 part test for workers compensation |
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Definition
1. The injury arises out of employment
- Close relationship between the injury and nature of the employment
--- 2 tests: Employment increased the risk, and employment put in position to be injured
2. Occur in the course of employment
- Occurred within time, place and circumstances of employment |
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Term
| What does the occupational Safety and Health Act require |
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Definition
| Requires employers to provide their employees with a workplace and jobs free from recognized hazards that may cause death or serious physical harm |
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Term
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Definition
All employers
OSHA creates and enforces workplace safety rules and violation |
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Term
| What does OSHA require of employers |
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Definition
| To train and protect employees, especially for hazardous materials and equipment |
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Term
| What is OSHA authorized to do to employers? |
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Definition
| Inspect workplaces and issue citations to firms that violate the act and regulations |
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Term
| To which employers does the Family and Medical Leave act apply? |
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Definition
| Employers with 50+ employees |
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Term
| How much must an employee be employed to be covered under FMLA |
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Definition
| Workers who are employed at least 12 months and 1250 hours |
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Term
| For what situations may workers take up to 12 weeks of unpaid leave during any 12 month period? |
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Definition
1. Birth of a child
2. Adoption of a chile
3. Need to care for spouse, child, or parent with a serious health condition
4. Employee's own serious health condition |
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Term
| What does the FMLa guarantee when you return to work? |
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Definition
Employee must be put in the same or equivalent position as before leave
- Employers who deny FMLA rights are civilly liable to the affected liability |
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Term
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Definition
| Funded by the Federal Insurance Contributions Act (FICA), which taxes employee income and requires matching amounts by employers |
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Term
| To which employees does Social Security cover and what do the benefits include? |
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Definition
All employees
1. Old age/retirement benefits
2. Survivor's benefits
3. Disability benefits
4. Medical Benefits (Medicare) |
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Term
| Who administers unemployment compensation? Which employers does it apply? |
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Definition
States administer it under federal guidelines
- Applies to all employers |
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Term
| What funds Unemployment compensation? |
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Definition
| State and federal unemployment compensation taxes paid by employers |
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Term
| What is unemployment compensation based on? |
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Definition
| Employment for a specified period of time and earning a specified minimum amount of income |
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Term
| 4 situations in which a person is not eligible for unemployment compensation |
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Definition
1. Quits voluntarily without good cause
2. Is fired for bad conduct
3. Fails to seek suitable new work; or
4. Refuses suitable new work |
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Term
| ERISA (what is it and who do it apply) |
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Definition
Employee Retirement Income Security Act
- Applies to all employees who choose to offer employee pension funds |
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Term
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Definition
1. Fiduciary duties on pension fund managers
2. Record-keeping, reporting, and disclosure requirements
3. Mandatory guarantees on funding and fairness in vesting and participation |
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Term
| What do remedies for violations of ERISA include? |
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Definition
| Civil suits by participants and beneficiaries, equitable relief, and criminal penalties |
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Term
| To whom does the Fair Labor Standards Act apply? |
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Definition
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Term
| What does the FLSA (Fair Labor Standards Act) |
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Definition
Regulates wages and hours bu entitling covered employees to:
1. Specified minimum wage and
2. Time-and-a-half rate for work exceeding 40 hours per week |
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Term
| Who are the exemptions to FLSA regulations? |
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Definition
| Executive, Administrative, and professional personnel |
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Term
| What types of business does the FSLA restrict child labor? |
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Definition
| Employers engaged in interstate commerce or producing goods for such commerce |
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Term
| Child labor laws under FSLA |
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Definition
1. Under 14: Employment is prohibited
2. Age 14-15: Employment prohibited except when approved by the Department of Labor
3. Employment prohibited only in particularly hazardous occupations |
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Term
| What does the National Labor Relations Act prohibit employers from doing (NLRA)? |
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Definition
1. Interfering with employees' right to form, join, and assist labor unions
2. Interfering with the formation, administration, or financing of a union
3. Discriminating against employees because of union membership
4. Discriminating against employees who file charges or give testimony against the employer for violating labor laws
5. Refusing to bargain collectively with unions |
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Term
| Which Act amended the NLRA? |
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Definition
| Labor Management Relations Act |
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Term
| What does the LMRA prohibit unions from doing? |
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Definition
1. Coercing workers to join unions
2. Forcing employers to discriminate against non-union members
3. Requiring employees to pay excessive or discriminatory initiation fees or dues
4. Forcing employers to pay for work not actually performed ("featherbedding")
5. Conducting illegal "secondary strikes" against parties that do business with an employer; and
6. Refusing to bargain collectively with employers |
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