Employment Law and Child Labor Restrictions

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Questions and Answers

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?

20 weeks

12 weeks (correct)

6 weeks

16 weeks

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)?

Only federal employees who meet certain criteria Signup and view all the answers

Given his situation, must Robert's employer pay him his regular salary during his 8-week leave after the birth of his child?

No, because FMLA only provides unpaid leave Signup and view all the answers

Which type of inspection can OSHA compliance officers conduct?

Both planned and unannounced inspections Signup and view all the answers

What benefits are covered under state workers' compensation laws?

Injuries occurring on the job, regardless of fault Signup and view all the answers

What is the maximum timeframe for an employee to notify an employer about a workplace injury?

30 days Signup and view all the answers

In which situation can a worker file a lawsuit against their employer after claiming workers' compensation?

When the employer intentionally caused the injury Signup and view all the answers

Which situation would NOT qualify for workers' compensation benefits?

An employee injured while commuting to work Signup and view all the answers

What is a common means for an employer to cover workers' compensation claims?

By self-insuring the risk Signup and view all the answers

What is a key condition for workers’ compensation to apply to an injury?

The injury must happen in the scope of employment Signup and view all the answers

What is not a factor in determining eligibility for workers' compensation?

Nature of the injury Signup and view all the answers

What must an employee do if they accept workers' compensation for injuries caused by an employer's negligence?

They may not sue for injuries caused by employer’s negligence Signup and view all the answers

Which of the following is NOT typically covered under federal and/or state insurance programs?

Honeymoon expenses Signup and view all the answers

How is the Social Security system primarily funded?

Through FICA contributions by both employers and employees Signup and view all the answers

What is the maximum taxable earnings cap for Social Security contributions in 2024?

$168,600 Signup and view all the answers

What is required for most people to qualify for Social Security benefits?

Earn 40 credits Signup and view all the answers

What percentage do employees pay for Social Security on their paycheck?

6.2% Signup and view all the answers

How often is the wage base for earning Social Security credits updated?

Annually Signup and view all the answers

How much self-employment tax is required for those funding Social Security?

12.4% Signup and view all the answers

Which statement accurately describes the employment-at-will doctrine?

Both parties can terminate employment at any time without reason. Signup and view all the answers

How does tort theory relate to wrongful discharge claims?

It requires employees to prove an abusive discharge. Signup and view all the answers

Which of the following actions is typically protected under public policy?

Refusing to commit an unlawful act as instructed by an employer. Signup and view all the answers

What minimum age allows a child to perform certain types of work, such as delivering newspapers?

14 years Signup and view all the answers

According to the Fair Labor Standards Act, what is the federal minimum wage?

$7.25/hour Signup and view all the answers

Who is NOT typically entitled to overtime pay under the Fair Labor Standards Act?

Executive employees with a salary exceeding $35,568 Signup and view all the answers

What does the WARN Act require employers to do prior to a mass layoff?

Provide a 60-day notice before the layoff. Signup and view all the answers

Which of the following represents a common reason an employee could file a lawsuit for defamation related to wrongful termination?

Being wrongfully accused of harassment. Signup and view all the answers

Which of the following is an example of actions protected by whistleblower statutes?

Reporting illegal activities of an employer. Signup and view all the answers

When determining overtime eligibility, which of the following criteria is used?

Hours worked plus salary exceed $35,568. Signup and view all the answers

What is the maximum number of credits one can earn per year for Medicare?

4 credits Signup and view all the answers

Which of the following statements about Medicare eligibility is false?

You are eligible if your employer offers private insurance. Signup and view all the answers

How is Medicare funded?

With contributions from both employees and employers. Signup and view all the answers

What is the role of the Pension Benefit Guaranty Corporation (PBGC)?

To ensure timely payments of private pension plans. Signup and view all the answers

Which part of Medicare requires the individual to pay a premium?

Part B Signup and view all the answers

What percentage is typically contributed by an employee for Social Security tax?

7.65% Signup and view all the answers

Which of the following options best describes Medicare Advantage?

A program where services are received through a provider organization. Signup and view all the answers

What is the employee contribution percentage for Medicare tax on earnings above $200,000?

2.9% Signup and view all the answers

Which of the following individuals is likely to be eligible for Medicaid?

A low-income individual living below the poverty line. Signup and view all the answers

Under ERISA, how long do employer contributions typically take to vest?

5 years Signup and view all the answers

What is the primary purpose of PBGC in relation to pension plans?

To pay benefits when a pension plan cannot fulfill its obligations Signup and view all the answers

Which federal act creates unemployment insurance that is administered by states?

FUTA (Federal Unemployment Tax Act) Signup and view all the answers

What is one requirement to be eligible for unemployment benefits?

You must actively search for a job or pursue education Signup and view all the answers

Under COBRA, how long can an employee continue health care coverage after losing a job?

18 months Signup and view all the answers

Which of the following is a consequence of non-compliance with HIPAA?

Criminal penalties up to $250,000 Signup and view all the answers

What does the Electronic Communications Privacy Act (ECPA) primarily prohibit?

Interception of employee communications without consent Signup and view all the answers

Which type of testing is governed by state law for private employers?

Drug testing Signup and view all the answers

What is necessary for an employer to monitor communications through devices owned by them?

Employee notification about monitoring Signup and view all the answers

Which statement about the Employee Polygraph Protection Act (EPPA) is correct?

Most private employers cannot require lie detector tests Signup and view all the answers

What limits drug testing for public employers under the Fourth Amendment?

Drug testing cannot be Signup and view all the answers

What can trigger eligibility for COBRA continuation coverage?

Employer's decision to reduce work hours Signup and view all the answers

Which of the following is a reasonable expectation of privacy in the workplace?

Limited expectation if using company-owned devices Signup and view all the answers

What must employers do if they conduct drug tests?

Notify employees of testing policies in advance Signup and view all the answers

What action can an employer take if an employee is suspected of drug use?

Have a reasonable basis for suspicion before drug testing Signup and view all the answers

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.

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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Description

Explore the key concepts of employment law including independent contracts and the legal implications of wrongful termination. Additionally, understand the restrictions around child labor and the regulations that protect young workers from hazardous jobs.