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Employment Law

Terms in this set (33)

Are employees and independent contractors different?
Yes, employment law treats them differently
What are the 3 factors the determine whether an individual is an employee or independent contractor?
1. Degree of behavioral control
2. Degree of financial control
3. Relationship between the parties
Characteristics of an EMPLOYEE includes
Paid hourly/salary, uses employers materials, works for 1 employer, continuous relationship, employer decides manner/means of performance
What is assessed during the interview process?
Education, work experience, intelligence, motivation, personal qualities, ability to communicate
In an interview, avoid questions that relate to...
age, gender, religion, nation of origin, disabilities, marital status, sexual orientation, ethnicity, parental status
What is included in due diligence that should be performed before offering employment?
Reference checks, education degree verification, criminal record checks, drug tests
Pre-employment background checks are covered by what Act?
Fair Credit Reporting Act
The Americans w/ Disabilities Act Amendments Act (ADAAA) places limitations on medical screenings which includes....
-must be job related
-must be required for ALL employees
- only permitted after a real employment offer
The Americans w/ Disabilities Act of 1990 covers employers with how many employees?
15 or more
ADAAA prohibits...
employer discrimination against individuals who are disabled
ADA of 1990 states employers are expected to make ____________ for disabled employees, provided it would not impose _____________ on the operation.
reasonable accommodations, undue hardship
The Fair Labor Standards Act (FLSA) establishes ....
federal minimum wage, overtime pay, record-keeping, youth employment standards
FLSA distinguishes if an employee is ...
exempt or nonexempt
FLSA requires that nonexempt employees be provided with...
additional compensation when they work more than 40 hours/week
The Federal Education Rights and Privacy Act (FERPA) affects pharmacists that....
train pharmacy students
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