C31
Order by
29 terms
Terms | Definitions |
|---|---|
 at-will employees | employees who do not have employment contracts and can be discharged for any reason at any time |
| Exceptions to Employment at Will Doctrine | Statutory excep, Implied-in-fact Contract excep, Public policy excep, Tort excep |
| Statutory excep to Employ at Will Doctrine | Fed labor laws re: union members; Title VII fed & state antidiscrimination laws |
| Implied-in-fact Contract excep to Employ at Will Doctrine | a contract in which agreement b/t the parties has been inferred through their conduct |
| Public Policy excep to Employ at Will Doctrine | states an employee cannot be discharged if such discharge violate the public policy of the jurisdiction |
| Wrongful discharge | discharge of an employee in violation with the employment at will doctrine; employee can recover damages and other remedies |
| Workers' Compensation Acts | compensate families when workers are injured in connection w/ their jobs |
| Elements of workers comp | claimant has burden of proving that injury resulted out of the course of their employment |
| Exclusive Remedy | Under workers' comp, workers cannot sue their employers unless the employer intentionally injures them or the employer fails to carry w/c ins; may also sue responsible 3rd parties |
| Mutual Benefit Doctrine | if employer is acting to benefit the employer through their actions then they are usually covered under w/c |
| OSHA | Occupational Safety and Health Act; federal, enacted in 1970 to promote workplace safety through statutorily requiring employers to provide safe work place |
| OSHA inspects for | health hazards and safety violations; violation found, written citation issued requiring employer to correct or abate |
| Types of OSHA standards | Specific Duty and General Duty |
| OSHA Specific Duty Standard | addresses a specific safety problem (safety guard on particular pc of equip) |
| OSHA General Duty Standard | employers have a duty to provide a work environment free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees |
| Violation of OSHA | subjects employers to both civil and criminal penalties |
| FLSA | Fair Labor Standards Act - prohibits child labor and establishes minimum wage and overtime pay requirements |
| Child Labor Regulations Standards | Under 14 may deliver newspaper; 14 & 15 limited hours in approved nonhazardous jobs; 16 & 17 unlimited hours in approved nonhazardous jobs |
| Exemptions from Child Labor Restrictions | children working in agricultural employment and child actors |
| Minimum wage | FLSA establishes rules; wage set by Congress; students and apprentices exempt; wages may be reduced for food/lodging |
| Overtime Pay | FLSA establishes rules; 1 1/2 times regular pay for hourly employees working over 40 hrs |
| Exemptions from FSLA minimum wage and OT | Salaried employees making more that $100k; managerial, administrative, professional employees |
| COBRA | Consolidated Omnibus Budget Reconciliation Act allows the terminated employee & their dependents to continue group health insurance w/ employee assuming burden of cost |
| FMLA | federal act that guarantees workers up to 12 wks of unpaid leave in a 12 month period to attend to family & medical emergencies |
| FMLA applies to | companies who employs 50 or more workers, including gov't entities |
| Employee requirements under FMLA | employee must have been employeed for at least 1 year and performed 1250 hours of service during that yr; must be restored to same or equivalent position w/ equivalent benefits/pay |
| Salaried employee & FMLA | if employee is among the highest-paid 10% the employer may deny benefits if necessary to prevent substantial and grievous economic injury to employer's operations |
| ERISA | Employee Retirement Income Security Act - designed to prevent fraud and other abuses associated w/ pension funds |
| ERISA requirements | if employer establishes pension plans, they are subject to record-keeping, disclosure, & other requirements. Plans must be in writing & a pension fund manager must be named |
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