Employment Law and Child Labor Restrictions

Choose a study mode

Play Quiz
Study Flashcards
Spaced Repetition
Chat to Lesson

Podcast

Play an AI-generated podcast conversation about this lesson

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)?

<p>Only federal employees who meet certain criteria (A)</p> 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?

<p>No, because FMLA only provides unpaid leave (A)</p> Signup and view all the answers

Which type of inspection can OSHA compliance officers conduct?

<p>Both planned and unannounced inspections (D)</p> Signup and view all the answers

What benefits are covered under state workers' compensation laws?

<p>Injuries occurring on the job, regardless of fault (D)</p> Signup and view all the answers

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

<p>30 days (D)</p> Signup and view all the answers

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

<p>When the employer intentionally caused the injury (C)</p> Signup and view all the answers

Which situation would NOT qualify for workers' compensation benefits?

<p>An employee injured while commuting to work (D)</p> Signup and view all the answers

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

<p>By self-insuring the risk (D)</p> Signup and view all the answers

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

<p>The injury must happen in the scope of employment (C)</p> Signup and view all the answers

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

<p>Nature of the injury (C)</p> Signup and view all the answers

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

<p>They may not sue for injuries caused by employer’s negligence (C)</p> Signup and view all the answers

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

<p>Honeymoon expenses (A)</p> Signup and view all the answers

How is the Social Security system primarily funded?

<p>Through FICA contributions by both employers and employees (D)</p> Signup and view all the answers

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

<p>$168,600 (A)</p> Signup and view all the answers

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

<p>Earn 40 credits (B)</p> Signup and view all the answers

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

<p>6.2% (B)</p> Signup and view all the answers

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

<p>Annually (B)</p> Signup and view all the answers

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

<p>12.4% (C)</p> Signup and view all the answers

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

<p>Both parties can terminate employment at any time without reason. (D)</p> Signup and view all the answers

How does tort theory relate to wrongful discharge claims?

<p>It requires employees to prove an abusive discharge. (A)</p> Signup and view all the answers

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

<p>Refusing to commit an unlawful act as instructed by an employer. (B)</p> Signup and view all the answers

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

<p>14 years (A)</p> Signup and view all the answers

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

<p>$7.25/hour (A)</p> Signup and view all the answers

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

<p>Executive employees with a salary exceeding $35,568 (D)</p> Signup and view all the answers

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

<p>Provide a 60-day notice before the layoff. (A)</p> 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?

<p>Being wrongfully accused of harassment. (C)</p> Signup and view all the answers

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

<p>Reporting illegal activities of an employer. (B)</p> Signup and view all the answers

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

<p>Hours worked plus salary exceed $35,568. (B)</p> Signup and view all the answers

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

<p>4 credits (B)</p> Signup and view all the answers

Which of the following statements about Medicare eligibility is false?

<p>You are eligible if your employer offers private insurance. (B)</p> Signup and view all the answers

How is Medicare funded?

<p>With contributions from both employees and employers. (D)</p> Signup and view all the answers

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

<p>To ensure timely payments of private pension plans. (D)</p> Signup and view all the answers

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

<p>Part B (B)</p> Signup and view all the answers

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

<p>7.65% (A)</p> Signup and view all the answers

Which of the following options best describes Medicare Advantage?

<p>A program where services are received through a provider organization. (A)</p> Signup and view all the answers

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

<p>2.9% (C)</p> Signup and view all the answers

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

<p>A low-income individual living below the poverty line. (B)</p> Signup and view all the answers

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

<p>5 years (B)</p> Signup and view all the answers

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

<p>To pay benefits when a pension plan cannot fulfill its obligations (A)</p> Signup and view all the answers

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

<p>FUTA (Federal Unemployment Tax Act) (D)</p> Signup and view all the answers

What is one requirement to be eligible for unemployment benefits?

<p>You must actively search for a job or pursue education (D)</p> Signup and view all the answers

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

<p>18 months (A)</p> Signup and view all the answers

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

<p>Criminal penalties up to $250,000 (C)</p> Signup and view all the answers

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

<p>Interception of employee communications without consent (A)</p> Signup and view all the answers

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

<p>Drug testing (D)</p> Signup and view all the answers

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

<p>Employee notification about monitoring (C)</p> Signup and view all the answers

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

<p>Most private employers cannot require lie detector tests (A)</p> Signup and view all the answers

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

<p>Drug testing cannot be (D)</p> Signup and view all the answers

What can trigger eligibility for COBRA continuation coverage?

<p>Employer's decision to reduce work hours (C)</p> Signup and view all the answers

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

<p>Limited expectation if using company-owned devices (B)</p> Signup and view all the answers

What must employers do if they conduct drug tests?

<p>Notify employees of testing policies in advance (C)</p> Signup and view all the answers

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

<p>Have a reasonable basis for suspicion before drug testing (B)</p> Signup and view all the answers

Flashcards

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

Employers must provide notice to both workers and government authorities before a mass layoff.

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 caregivers may be eligible for up to 26 weeks of unpaid leave within a 12-month period if a family member is injured or ill during active duty.

Signup and view all the flashcards

Qualifying Exigency Leave

Employees may be eligible for 12 weeks of unpaid leave to address non-medical emergencies related to a family member's active military duty.

Signup and view all the flashcards

At-Will Employment

A legal doctrine that allows employers to terminate employees at any time, for any reason, without warning, as long as it is not for an illegal reason.

Signup and view all the flashcards

Term Employee

A contract where an employer can only terminate an employee for a specific set of reasons outlined in the agreement.

Signup and view all the flashcards

Wrongful Discharge

When an employee is fired for a reason that is illegal or violates public policy.

Signup and view all the flashcards

Intentional Infliction of Emotional Distress (IIED)

A legal theory that allows employees to sue employers for emotional distress caused by wrongful discharge.

Signup and view all the flashcards

Defamation

A false statement that harms someone's reputation.

Signup and view all the flashcards

WARN Act

A law that requires employers to provide notice to employees before a mass layoff or plant closure.

Signup and view all the flashcards

Federal Minimum Wage

The minimum wage that employers must pay workers under federal law.

Signup and view all the flashcards

Overtime

The extra pay that employees receive for working more than 40 hours per week.

Signup and view all the flashcards

Fair Labor Standards Act (FLSA)

A law that sets standards for child labor, minimum wage, and overtime pay.

Signup and view all the flashcards

Americans with Disabilities Act (ADA)

A law that prohibits employers from discriminating against individuals with disabilities.

Signup and view all the flashcards

Litigation and Workers' Compensation

A legal system where individuals can sue an employer if injured due to negligence. However, if an employee receives workers' compensation, they forfeit the right to sue.

Signup and view all the flashcards

Social Security

A federal program that provides retirement, survivors, and disability insurance to eligible individuals. It is funded through mandatory contributions from both employers and employees.

Signup and view all the flashcards

Wage Base

The amount of income subject to Social Security taxes. In 2024, the maximum taxable earnings are $168,600.

Signup and view all the flashcards

FICA (Federal Insurance Contributions Act)

The contribution to Social Security made by both employers and employees. This is a mandatory tax that is split between the two parties.

Signup and view all the flashcards

Social Security Tax Rate

The amount of Social Security tax paid by employees (6.2% of earnings) and equally matched by employers.

Signup and view all the flashcards

Social Security Credits

Social Security benefits are earned by accumulating credits based on your work history and earnings. Most people need 40 credits to qualify for Social Security.

Signup and view all the flashcards

Types of Social Security Benefits

This refers to the different types of benefits offered by Social Security, including retirement, survivors, and disability insurance.

Signup and view all the flashcards

Social Security Retirement Age

The age at which individuals become eligible for full Social Security retirement benefits. It varies depending on the year of birth.

Signup and view all the flashcards

OSHA Inspections

OSHA compliance officers have the authority to inspect any workplace covered by OSHA regulations, regardless of prior notice. This includes both scheduled and unscheduled (pop-in) inspections.

Signup and view all the flashcards

State Workers' Compensation Laws

State workers' compensation laws provide a framework for workers to receive compensation for injuries sustained on the job, regardless of fault. These laws establish an administrative process for handling claims and determining benefits.

Signup and view all the flashcards

Workers' Compensation Funding

Employers can either purchase insurance from a third-party provider or self-insure by directly paying claims. The choice depends on risk factors and the ability to manage claims effectively.

Signup and view all the flashcards

Workers' Compensation Eligibility

To be eligible for workers' compensation benefits, there must be a clear employer-employee relationship and the injury must have occurred during the course of employment.

Signup and view all the flashcards

Workers' Compensation and Commuting

Commuting to and from work is not considered 'on the job' time and therefore not covered by workers' compensation.

Signup and view all the flashcards

Workers' Compensation Benefits

Workers' compensation benefits are typically a form of financial compensation provided by the employer or insurer to cover lost wages and medical expenses due to a work-related injury.

Signup and view all the flashcards

Workers' Compensation vs. Lawsuit

Workers' compensation is an exclusive remedy, meaning that an employee cannot simultaneously file a workers' compensation claim and sue their employer for additional compensation for the same injury.

Signup and view all the flashcards

Exclusive Remedy for Workers' Compensation

Injured workers receive financial support and medical treatment through the workers' compensation system. They cannot also seek additional compensation by pursuing legal action against their employer for the same injury.

Signup and view all the flashcards

Medicare

A federal health insurance program that provides coverage for Americans aged 65 and older, as well as individuals with certain disabilities.

Signup and view all the flashcards

ERISA (Employee Retirement Income Security Act)

A federal law that establishes standards for private retirement plans, ensuring responsible management, recordkeeping, investment, and vesting of benefits.

Signup and view all the flashcards

Pension Benefit Guaranty Corporation (PBGC)

A federal agency that protects private pension plan benefits, ensuring timely and uninterrupted payments if a plan fails.

Signup and view all the flashcards

Vesting

The number of years an employee must work at a company before they are fully entitled to their employer's contributions to their retirement plan.

Signup and view all the flashcards

Pension Plan

A type of retirement plan that provides regular income payments to retirees after they stop working.

Signup and view all the flashcards

401(k) Plan

A retirement savings plan where employees contribute pre-tax income and employers may offer matching contributions.

Signup and view all the flashcards

Medicaid

A state-funded program providing healthcare coverage to low-income individuals and families.

Signup and view all the flashcards

Medicare Credits

The amount of money individuals need to contribute to Medicare to be eligible for benefits. It is earned through working and paying Medicare taxes.

Signup and view all the flashcards

Medicare Advantage (Part C)

A program that allows Medicare beneficiaries to choose their healthcare providers and receive all services through a private insurance plan.

Signup and view all the flashcards

Unemployment Insurance

A federal program providing unemployment benefits to individuals who have lost their jobs through no fault of their own.

Signup and view all the flashcards

Federal Unemployment Tax Act (FUTA)

An act that created the framework for unemployment insurance programs in the US, with states administering the benefits.

Signup and view all the flashcards

COBRA (Consolidated Omnibus Budget Reconciliation Act)

A system for providing continuation of health insurance coverage after job loss, allowing employees to remain enrolled in their employer's plan for a limited period.

Signup and view all the flashcards

HIPAA (Health Insurance Portability and Accountability Act)

A federal law that governs the privacy and security of protected health information (PHI) in employer-sponsored health plans.

Signup and view all the flashcards

Reasonable Expectations of Privacy

A balancing test to determine the reasonableness of employer monitoring practices, considering both the employer's interests and the employee's expectation of privacy.

Signup and view all the flashcards

Electronic Communications Privacy Act (ECPA)

A federal law that prohibits the interception and disclosure of electronic communications without employee consent, with exemptions for employer-owned devices used for business purposes.

Signup and view all the flashcards

Business Extension Exception

An exception to the ECPA, allowing employers to monitor communications through employer-owned or provided devices for business use, as long as employees are notified.

Signup and view all the flashcards

Employee Polygraph Protection Act (EPPA)

A federal law that restricts the use of lie detector tests by most private employers, with exemptions for certain industries and investigations.

Signup and view all the flashcards

Drug Testing

A type of employment test that screens for drug use, subject to varying regulations for private and public employers.

Signup and view all the flashcards

Reasonable Drug Testing

The legal standard for drug testing in private workplaces, generally requiring the tests to be reasonable.

Signup and view all the flashcards

Random Drug Testing

A type of drug testing where employees are randomly selected for testing, often used in transportation and safety-sensitive industries.

Signup and view all the flashcards

Fourth Amendment Drug Testing

The legal standard for drug testing in public workplaces, limited by the Fourth Amendment's protection against unreasonable searches, with specific exceptions.

Signup and view all the flashcards

Federal Drug Testing Statute

A federal law that allows drug testing of government employees in the United States in limited circumstances.

Signup and view all the flashcards

Pension Insurance Premiums

Annual fees collected from pension plans by the PBGC to provide insurance against plan failures.

Signup and view all the flashcards

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.”

Studying That Suits You

Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

Quiz Team

Related Documents

Employment Law PDF

More Like This

Finiquito en Chile
16 questions

Finiquito en Chile

NourishingPolonium avatar
NourishingPolonium
Use Quizgecko on...
Browser
Browser