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HRMN 5460 final exam
Terms in this set (41)
the rehabilitation act of 1973 covered ________ employers; including ________ on the basis of _______
public; government agencies and government contractors; disability
this act extended the rehabilitation act to private sector and state and local governments; it protects qualified individuals from discrimination on the basis of disability
in the beginning, courts interpreted disability narrowly, but congress made this amendment to broaden coverage to major bodily function which limit major life activities; the focus is now on whether employers complied with their obligations
ADA amendment act (2008)
in order for a plaintiff to claim that there was failure to reasonably accommodate for a disability, they must show that:
he/she has a disability (physical or mental impairment that substantially limits the performance of one or more major life activities) and that he/she is qualified for the job in question (is not a direct threat) and that the employer knew or should have known about the need for accommodation and that there are one or more accommodations that are reasonable and the employee did not provide.
if plaintiff shows failure to reasonably accommodate on the basis of disability, what must the employer then prove?
that the proposed accommodations, although reasonable, would impose undue hardship
is alcoholism covered by ADA?
yes, but employer has right to discipline or terminate due to performance issues or being under the influence at work
are current drug users/addicts covered by ada?
no, but people who have or are undergoing rehabilitation for drug addiction and are currently not using illegal drugs are covered by ADA
disability under the ADA is based on an individualized assessment of the effects of disorders on _________, not on diagnostic labels
what is the RULE under the ADA concerning a qualified individual?
a disabled person's ability to perform job must be judged only in relation to the essential functions of the job in question
how must employers determine essential function?
the position exists to perform this specific function and only few other employees are available to perform these functions; the function must be highly specialized
achieving reasonable accommodation on the basis of disability should be ______, _____, and _______ process between employee and employer
interactive, individualized, and continuing (did not interact with Keith to discuss individualized accommodations before revoking employment offer)
what are elements of claim of failure to reasonably accommodate religion?
plaintiff must show the existence of a sincere religious belief and that that belief conflicts with an employment requirement, the employer was informed of conflict and that they suffered adverse employment outcome because of adhering to that religious belief
if the prima facie case of failure to accommodate on the basis of religion, what must employer then prove?
that a reasonable accommodation was offered but not accepted or that there was no reasonable accommodation available without undue hardship
explain de minimis?
an accommodation causes undue hardship when the employer is required to bear more than minimal expense or operational problems (de minimis does Not mean employers should not bear administrative costs in rearranging schedules or using substitutes--> only substantial costs)
the Supreme Court characterized the obligation to accommodate religion as ______
what is religious organization exemption under title VII and the ministerial exception?
it absolved religious organizations any liability due to discrimination on the basis of religion. if religious organization then they can limit employment or have preference for sharing the same faith. also protects from other protected class characteristics like a Catholic Church only hiring male priests
requires employers ti provide 12 weeks of unpaid leave for family and medical emergencies
FMLA covers _________ and ______ with 50 or more employees
all government agencies; private employers
what are requirements for leave under FMLA?
have to have worked for employer for 12 months and have worked 1,250 hours with in those 12 months and must have experienced a qualifying event; they must provide adequate notification to employer for need for leave
if need for leave is foreseeable, employee must provide _____ days notice. if not foreseeable, provide as soon as ______. in serious medical emergencies notice may be provided _________ or _______
30; practicable; during or after
what is the leave requirements for key employees?
can not deny leave but can decline restoration if it would cause substantial and grievous economic injury to employers operations
what are requirements under Pregnancy discrimination act?
prohibits discrimination based on pregnancy, child birth, and related conditions, but does NOT provide leave for child birth or related conditions, but PDA requires that person who is pregnant be treated in same manner as persons with medical conditions who are similar in their ability to work
contains minimum wage, max hours, overtime pay, equal pay, record-keeping, and child labor provisions covering majority of U.S. workers. minimum wage 7.25 but provides exemptions if you are being tipped. overtime is 1.5 times a day normal pay for hours worked in a workweek. child labor can be 16-17 in non hazardous conditions
what is pay requirement for tipped employees?
those who customarily work and regularly receive at least 30$ a month may be paid 2.13 an hour as long as hourly wage plus tips equals minimum wage (tip credit)
employees get paid for the amount of work they did actually performing the work duties. this is referred to as _________.
what do courts consider when determining compensable time?
whether the time was or was not predominately for the benefit of the employee (if so, noncompensable) and if the employer did or did not know they were working off the clock.
to avoid liability for overtime pay employers will do what?
strictly enforce overtime without authorization
true or false: there is no limit on how many hours a minor can work in a workweek
public employers are only provided ________ instead of overtime pay
what is considered compensable time when traveling during work?
if traveling to and from work to sell something then they are compensable; if traveling to and from work just to get there, then non-compensable
______, _____, and ______ are white collar workers who are exempt from FLSA overtime rules
administrative, executive, and professional
explain how it is determined if a worker is administrative, executive, or professional and therefor exempt from FLSA overtime pay under the duties test:
primary duty is management, supervising others, performing office work directly related to maagemt; requires advanced knowledge, discretion and judgement
under this test for exemption, the burden is on employer to establish exempt status based on job description and primary duties of the job--the job title is not relevant.
to determine whether employee's primary duties are exempt in nature and therefore not subject to overtime pay, courts consider:
share of work time devoted to exempt duties; relative importance of exempt vs non exempt duties; employees freedom from direct supervision; wages paid to other employees performing non exempt duties (compared to theirs)
why is determining whether someone is exempt based on administrative duties problematic?
doing office work for or with other managers is not sufficient; primary criterion is if employee performs office or nonmanual duties which relate to the company operations and policy rather than to the goods/services it sells; another important criterion is exercise of discretion and independent judgement
what does salary basis test require:
to be exempt, employees meeting the duties test must also be paid a salary (pre specified sum regardless of hours worked either more or less than 40 hrs in workweek)
what is the pay docking rule under the salary test for exempt employees?
pay cannot be docked for off time; must be paid a specified sum of at least $455 a week
what is the rule for exempt employees if salary is greater than $100,000?
the employee is presumed to be exempt regardless of duties; but this does not apply to highly paid blue collar jobs
most employees earning < $455 per week are presumed to be ______ and covered by FLSA
what is the rule for outdoor salesman under FLSA in terms of being exempt?
to be exempt as an outdoor salesman the primary duty must be to make sales and get paid by the client or customer. the employee must customarily engage away from the employers place/ place of business
explain the changes to overtime Pay effective January 1, 2020?
raises salary level from $455 a week to $648 per week or $35,568 salary. an additional 1.3 million workers will now be eligible for overtime pay
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