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Questions and Answers
Which entities must receive notice regarding layoffs?
Which entities must receive notice regarding layoffs?
- State and local government authorities only
- The workers and their representatives only
- Workers and state or local government authorities (correct)
- Only the workers
What is the maximum duration of unpaid family or medical leave provided by the FMLA for eligible employees?
What is the maximum duration of unpaid family or medical leave provided by the FMLA for eligible employees?
- 20 weeks
- 12 weeks (correct)
- 6 weeks
- 16 weeks
How long can military caregiver leave be taken under the regulations mentioned?
How long can military caregiver leave be taken under the regulations mentioned?
- 12 weeks
- 30 weeks
- 26 weeks (correct)
- 20 weeks
Who is eligible for paid leave under the federal Employee Paid Leave Act (FEPLA)?
Who is eligible for paid leave under the federal Employee Paid Leave Act (FEPLA)?
Given his situation, must Robert's employer pay him his regular salary during his 8-week leave after the birth of his child?
Given his situation, must Robert's employer pay him his regular salary during his 8-week leave after the birth of his child?
Which type of inspection can OSHA compliance officers conduct?
Which type of inspection can OSHA compliance officers conduct?
What benefits are covered under state workers' compensation laws?
What benefits are covered under state workers' compensation laws?
What is the maximum timeframe for an employee to notify an employer about a workplace injury?
What is the maximum timeframe for an employee to notify an employer about a workplace injury?
In which situation can a worker file a lawsuit against their employer after claiming workers' compensation?
In which situation can a worker file a lawsuit against their employer after claiming workers' compensation?
Which situation would NOT qualify for workers' compensation benefits?
Which situation would NOT qualify for workers' compensation benefits?
What is a common means for an employer to cover workers' compensation claims?
What is a common means for an employer to cover workers' compensation claims?
What is a key condition for workers’ compensation to apply to an injury?
What is a key condition for workers’ compensation to apply to an injury?
What is not a factor in determining eligibility for workers' compensation?
What is not a factor in determining eligibility for workers' compensation?
What must an employee do if they accept workers' compensation for injuries caused by an employer's negligence?
What must an employee do if they accept workers' compensation for injuries caused by an employer's negligence?
Which of the following is NOT typically covered under federal and/or state insurance programs?
Which of the following is NOT typically covered under federal and/or state insurance programs?
How is the Social Security system primarily funded?
How is the Social Security system primarily funded?
What is the maximum taxable earnings cap for Social Security contributions in 2024?
What is the maximum taxable earnings cap for Social Security contributions in 2024?
What is required for most people to qualify for Social Security benefits?
What is required for most people to qualify for Social Security benefits?
What percentage do employees pay for Social Security on their paycheck?
What percentage do employees pay for Social Security on their paycheck?
How often is the wage base for earning Social Security credits updated?
How often is the wage base for earning Social Security credits updated?
How much self-employment tax is required for those funding Social Security?
How much self-employment tax is required for those funding Social Security?
Which statement accurately describes the employment-at-will doctrine?
Which statement accurately describes the employment-at-will doctrine?
How does tort theory relate to wrongful discharge claims?
How does tort theory relate to wrongful discharge claims?
Which of the following actions is typically protected under public policy?
Which of the following actions is typically protected under public policy?
What minimum age allows a child to perform certain types of work, such as delivering newspapers?
What minimum age allows a child to perform certain types of work, such as delivering newspapers?
According to the Fair Labor Standards Act, what is the federal minimum wage?
According to the Fair Labor Standards Act, what is the federal minimum wage?
Who is NOT typically entitled to overtime pay under the Fair Labor Standards Act?
Who is NOT typically entitled to overtime pay under the Fair Labor Standards Act?
What does the WARN Act require employers to do prior to a mass layoff?
What does the WARN Act require employers to do prior to a mass layoff?
Which of the following represents a common reason an employee could file a lawsuit for defamation related to wrongful termination?
Which of the following represents a common reason an employee could file a lawsuit for defamation related to wrongful termination?
Which of the following is an example of actions protected by whistleblower statutes?
Which of the following is an example of actions protected by whistleblower statutes?
When determining overtime eligibility, which of the following criteria is used?
When determining overtime eligibility, which of the following criteria is used?
What is the maximum number of credits one can earn per year for Medicare?
What is the maximum number of credits one can earn per year for Medicare?
Which of the following statements about Medicare eligibility is false?
Which of the following statements about Medicare eligibility is false?
How is Medicare funded?
How is Medicare funded?
What is the role of the Pension Benefit Guaranty Corporation (PBGC)?
What is the role of the Pension Benefit Guaranty Corporation (PBGC)?
Which part of Medicare requires the individual to pay a premium?
Which part of Medicare requires the individual to pay a premium?
What percentage is typically contributed by an employee for Social Security tax?
What percentage is typically contributed by an employee for Social Security tax?
Which of the following options best describes Medicare Advantage?
Which of the following options best describes Medicare Advantage?
What is the employee contribution percentage for Medicare tax on earnings above $200,000?
What is the employee contribution percentage for Medicare tax on earnings above $200,000?
Which of the following individuals is likely to be eligible for Medicaid?
Which of the following individuals is likely to be eligible for Medicaid?
Under ERISA, how long do employer contributions typically take to vest?
Under ERISA, how long do employer contributions typically take to vest?
What is the primary purpose of PBGC in relation to pension plans?
What is the primary purpose of PBGC in relation to pension plans?
Which federal act creates unemployment insurance that is administered by states?
Which federal act creates unemployment insurance that is administered by states?
What is one requirement to be eligible for unemployment benefits?
What is one requirement to be eligible for unemployment benefits?
Under COBRA, how long can an employee continue health care coverage after losing a job?
Under COBRA, how long can an employee continue health care coverage after losing a job?
Which of the following is a consequence of non-compliance with HIPAA?
Which of the following is a consequence of non-compliance with HIPAA?
What does the Electronic Communications Privacy Act (ECPA) primarily prohibit?
What does the Electronic Communications Privacy Act (ECPA) primarily prohibit?
Which type of testing is governed by state law for private employers?
Which type of testing is governed by state law for private employers?
What is necessary for an employer to monitor communications through devices owned by them?
What is necessary for an employer to monitor communications through devices owned by them?
Which statement about the Employee Polygraph Protection Act (EPPA) is correct?
Which statement about the Employee Polygraph Protection Act (EPPA) is correct?
What limits drug testing for public employers under the Fourth Amendment?
What limits drug testing for public employers under the Fourth Amendment?
What can trigger eligibility for COBRA continuation coverage?
What can trigger eligibility for COBRA continuation coverage?
Which of the following is a reasonable expectation of privacy in the workplace?
Which of the following is a reasonable expectation of privacy in the workplace?
What must employers do if they conduct drug tests?
What must employers do if they conduct drug tests?
What action can an employer take if an employee is suspected of drug use?
What action can an employer take if an employee is suspected of drug use?
Flashcards
Family and Medical Leave Act (FMLA)
Family and Medical Leave Act (FMLA)
Federal law requiring employers with 50+ employees to provide up to 12 weeks of unpaid leave for family or medical reasons.
Layoff Notice Requirements
Layoff Notice Requirements
Employers must provide notice to both workers and government authorities before a mass layoff.
Federal Employee Paid Leave Act (FEPLA)
Federal Employee Paid Leave Act (FEPLA)
Federal employees may be eligible for up to 12 weeks of paid leave for family or medical reasons.
Military Caregiver Leave
Military Caregiver Leave
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Qualifying Exigency Leave
Qualifying Exigency Leave
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At-Will Employment
At-Will Employment
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Term Employee
Term Employee
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Wrongful Discharge
Wrongful Discharge
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Intentional Infliction of Emotional Distress (IIED)
Intentional Infliction of Emotional Distress (IIED)
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Defamation
Defamation
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WARN Act
WARN Act
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Federal Minimum Wage
Federal Minimum Wage
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Overtime
Overtime
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Fair Labor Standards Act (FLSA)
Fair Labor Standards Act (FLSA)
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Americans with Disabilities Act (ADA)
Americans with Disabilities Act (ADA)
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Litigation and Workers' Compensation
Litigation and Workers' Compensation
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Social Security
Social Security
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Wage Base
Wage Base
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FICA (Federal Insurance Contributions Act)
FICA (Federal Insurance Contributions Act)
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Social Security Tax Rate
Social Security Tax Rate
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Social Security Credits
Social Security Credits
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Types of Social Security Benefits
Types of Social Security Benefits
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Social Security Retirement Age
Social Security Retirement Age
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OSHA Inspections
OSHA Inspections
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State Workers' Compensation Laws
State Workers' Compensation Laws
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Workers' Compensation Funding
Workers' Compensation Funding
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Workers' Compensation Eligibility
Workers' Compensation Eligibility
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Workers' Compensation and Commuting
Workers' Compensation and Commuting
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Workers' Compensation Benefits
Workers' Compensation Benefits
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Workers' Compensation vs. Lawsuit
Workers' Compensation vs. Lawsuit
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Exclusive Remedy for Workers' Compensation
Exclusive Remedy for Workers' Compensation
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Medicare
Medicare
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ERISA (Employee Retirement Income Security Act)
ERISA (Employee Retirement Income Security Act)
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Pension Benefit Guaranty Corporation (PBGC)
Pension Benefit Guaranty Corporation (PBGC)
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Vesting
Vesting
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Pension Plan
Pension Plan
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401(k) Plan
401(k) Plan
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Medicaid
Medicaid
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Medicare Credits
Medicare Credits
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Medicare Advantage (Part C)
Medicare Advantage (Part C)
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Unemployment Insurance
Unemployment Insurance
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Federal Unemployment Tax Act (FUTA)
Federal Unemployment Tax Act (FUTA)
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COBRA (Consolidated Omnibus Budget Reconciliation Act)
COBRA (Consolidated Omnibus Budget Reconciliation Act)
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HIPAA (Health Insurance Portability and Accountability Act)
HIPAA (Health Insurance Portability and Accountability Act)
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Reasonable Expectations of Privacy
Reasonable Expectations of Privacy
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Electronic Communications Privacy Act (ECPA)
Electronic Communications Privacy Act (ECPA)
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Business Extension Exception
Business Extension Exception
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Employee Polygraph Protection Act (EPPA)
Employee Polygraph Protection Act (EPPA)
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Drug Testing
Drug Testing
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Reasonable Drug Testing
Reasonable Drug Testing
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Random Drug Testing
Random Drug Testing
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Fourth Amendment Drug Testing
Fourth Amendment Drug Testing
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Federal Drug Testing Statute
Federal Drug Testing Statute
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Pension Insurance Premiums
Pension Insurance Premiums
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Study Notes
Employment Law
- Independent Contracts: At-will employment (end date not specified) allows termination without cause by either party. Employment contracts can be harsher for employees if they specify exceptions.
- Contract Theory: Express contracts (explicit terms) and implied contracts (reasonable expectations) shape the employment relationship.
- Tort Theory: Improper discharge (e.g., wrongful firing) can lead to lawsuits for abusive practices by employers. Tort claims include international infliction of emotional distress, defamation, and fraud.
- Public Policy: Whistleblowing (reporting illegal activity) is protected under statutes and common law. Employees can typically be protected for exercising a statutory right or performing a public duty.
Child Labor Restrictions
- Under 14: Limited to certain types of work (like newspaper delivery), entertainment, or work for parents. Cannot perform hazardous work detrimental to their health or well-being. Limited working hours.
- 14-15: Can work, but cannot do hazardous jobs, work that is detrimental to their health, and limited hours.
- 16-18: Can work, but cannot do hazardous jobs and work that is detrimental to their health.
- Minimum and Maximum Wages: Specific guidelines exist regarding minimum wage and maximum working hours. Regulations are often set by the federal government and individual states.
Overtime
- Minimum Wage: Federal minimum wage is $7.25 (potential for state variation).
- Overtime: Generally, overtime pay is 1.5 times the regular hourly rate for hours exceeding 40 in a week. Overtime rules and eligibility for overtime-exempt employees are complex. Overtime eligibility often depends on salary thresholds.
WARN Act (Worker Adjustment and Retraining Notification Act)
- Large Employers: Employers with more than 100 employees must provide 60 days' notice of mass layoffs or plant closings impacting 50 or more full-time workers.
Layoffs
- State Laws: Many states have their own laws regarding layoff notice requirements, potentially more stringent than federal laws.
- Private Family Leave: Some employers offer private family leave plans supplemental to federal legislation.
Family and Medical Leave Act (FMLA)
- Eligibility: Employees with 50+ employees are typically eligible for up to 12 weeks of unpaid leave for family or medical reasons.
OSHA (Occupational Safety and Health Act)
- Inspections: OSHA inspections can be planned or unannounced.
- Compliance: Employers must maintain records of workplace injuries, illnesses, and deaths, and comply with safety standards.
- Violations: OSHA has the authority to issue citations and penalties for safety violations.
Workers' Compensation
- Employment Relationship: Workers' compensation claims typically cover injuries occurring "on the job" or in the course of employment, regardless of employer fault.
- Notice: Employees must provide prompt notice to their employers of the injury, typically within a specific time frame.
- Benefits: Injured workers may be eligible for compensation for medical expenses, lost wages, and other related losses. Injured workers can't file both a worker's comp claim and a lawsuit, usually.
- Commute: Injuries during commutes to and from work are usually not covered by workers' compensation.
Workers' Compensation vs. Litigation
- Workers' Compensation: Employees may NOT bring a suit if they accepted workers' compensation
- Suing Employer: Employees can potentially bring suit if they have a legitimate grounds to accuse the employer of negligence.
Social Security and Medicare
- Funding: Both employers and employee's pay into social security and medicare systems.
- Eligibility: Specific rules regarding requirements to pay into social security and medicare exist, as well as rules for benefits, including eligibility and income limitations.
- Benefits: Social security and Medicare provide retirement, disability, and other benefits.
Income Tax
- Federal Insurance Contributions Act (FICA): Employment taxes that fund programs like Social Security.
- Self-Employment: The self-employed pay a different rate (FICA tax) or amount depending on the specific program.
- Wage Base: There is a cap or limitation on the wages that subject to the FICA tax.
Medicare
- Eligibility: People can be eligible for Medicare if they are 65 years of age or older, or have a qualifying disability.
- Funding: Employers and employees pay into a specific amount for Medicare's funding.
Private Retirement Plans
- ERISA (Employee Retirement Income Security Act): Federal law that regulates private retirement plans.
- Vesting: Vesting (the right to receive retirement benefits) for employer contributions typically occurs after several years.
- Pension Benefit Guaranty Corporation (PBGC): This agency protects private pension plans in case an employer is unable to fulfill its obligations.
Unemployment Insurance
- FUTA (Federal Unemployment Tax Act): A federal law that mandates unemployment insurance programs at the state level.
- Eligibility: Those who lose their jobs through no fault of their own during a set time period and who actively seek employment can collect benefits.
- Benefits: Benefits vary by state's rules and the number of hours/days worked in order to be eligible for benefits.
Employee Privacy
- Electronic Communications Privacy Act (ECPA): Restricts employers' ability to monitor employee communications without employee consent.
- HIPAA (Health Insurance Portability and Accountability Act): Protects employee medical information.
Employer Drug Testing
- EPPA (Employee Polygraph Protection Act): Federal law that prohibits most employers from using lie detector tests for employment.
- Public Employers: Public employers are exempt from EPPA; they are governed by state laws which determine whether the use of lie-detection tests is “reasonable.”
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