Podcast
Questions and Answers
Which of the following scenarios would likely support a claim for wrongful discharge based on public policy?
Which of the following scenarios would likely support a claim for wrongful discharge based on public policy?
- An employee is terminated after refusing to commit an illegal act. (correct)
- An employee is laid off due to company downsizing.
- An employee is fired for attending a political rally.
- An employee quits to start a new business.
What is a significant aspect of the Occupational Safety and Health Act?
What is a significant aspect of the Occupational Safety and Health Act?
- Employers must provide a workplace free from recognized hazards. (correct)
- OSHA has the power to mandate employee training in workplace safety.
- It allows employees to sue employers for damages resulting from workplace injuries.
- It establishes a national workers' compensation fund for all employees.
Which statement about workers' compensation laws is correct?
Which statement about workers' compensation laws is correct?
- Employers are immune from tort lawsuits for work-related injuries in most states. (correct)
- Workers' compensation claims can be filed for any type of injury.
- All workers' compensation claims require a court hearing.
- Employees must prove employer negligence to receive benefits.
What change did the Federal Trade Commission announce in April 2024 concerning noncompete agreements?
What change did the Federal Trade Commission announce in April 2024 concerning noncompete agreements?
What does the at-will presumption allow both employers and employees to do?
What does the at-will presumption allow both employers and employees to do?
To establish a workers' compensation claim, which of the following elements must be demonstrated?
To establish a workers' compensation claim, which of the following elements must be demonstrated?
In which of the following instances could an employee NOT be fired based on public policy?
In which of the following instances could an employee NOT be fired based on public policy?
What can employers face as a consequence of violating the Occupational Safety and Health Act?
What can employers face as a consequence of violating the Occupational Safety and Health Act?
What is the primary reason the certified nursing assistant (CNA) was not eligible for worker’s compensation?
What is the primary reason the certified nursing assistant (CNA) was not eligible for worker’s compensation?
Under the Family and Medical Leave Act (FMLA), which of the following circumstances does NOT permit an employee to take unpaid leave?
Under the Family and Medical Leave Act (FMLA), which of the following circumstances does NOT permit an employee to take unpaid leave?
Which statement about the NLRB is incorrect?
Which statement about the NLRB is incorrect?
What is the consequence for an employer if a union is certified by the NLRB?
What is the consequence for an employer if a union is certified by the NLRB?
Which of the following must an employer provide evidence of regarding new employees?
Which of the following must an employer provide evidence of regarding new employees?
What does the Employee Retirement Income Security Act (ERISA) primarily ensure?
What does the Employee Retirement Income Security Act (ERISA) primarily ensure?
What is the minimum percentage of employees that must sign authorization cards to initiate a union representation election?
What is the minimum percentage of employees that must sign authorization cards to initiate a union representation election?
Which of the following is not a requirement for an employer under labor regulations?
Which of the following is not a requirement for an employer under labor regulations?
Which statement is true regarding the obligations of parties during the collective bargaining process?
Which statement is true regarding the obligations of parties during the collective bargaining process?
What can happen if an employee is unable to perform essential functions after exhausting FMLA leave?
What can happen if an employee is unable to perform essential functions after exhausting FMLA leave?
Flashcards
At-Will Employment
At-Will Employment
The legal presumption that both employer and employee can end the employment relationship without reason or notice.
Contractual Employment
Contractual Employment
Contracts that modify the at-will presumption, allowing for termination only under certain conditions, like just cause.
Public Policy Exception
Public Policy Exception
Employers cannot fire employees for exercising legal rights or refusing to engage in illegal activities.
Wrongful Discharge
Wrongful Discharge
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Occupational Safety and Health Act (OSHA)
Occupational Safety and Health Act (OSHA)
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Workers' Compensation
Workers' Compensation
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Workers' Comp Claim
Workers' Comp Claim
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Employer Immunity
Employer Immunity
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What does FMLA stand for?
What does FMLA stand for?
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What must employers verify for employees?
What must employers verify for employees?
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What does ERISA guarantee?
What does ERISA guarantee?
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Who oversees labor relations and unions?
Who oversees labor relations and unions?
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What does the NLRA grant to unions?
What does the NLRA grant to unions?
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What is collective bargaining?
What is collective bargaining?
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What is a bargaining unit?
What is a bargaining unit?
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What does the NLRB do when a majority vote for unionization?
What does the NLRB do when a majority vote for unionization?
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How can a union be decertified?
How can a union be decertified?
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Study Notes
Employment At-Will
- Common law presumes employer-employee relationships are "at-will" (either party can terminate without cause).
- Exceptions exist, including contracts, public policy, and worker health and safety regulations.
Contractual Exceptions
- Contracts can alter the at-will presumption.
- Exculpatory contracts (e.g., excusing employer liability) are generally disfavored.
- Non-compete agreements are enforceable if reasonable in time and geographic scope.
- Federal Trade Commission recently banned most nationwide non-compete agreements.
Public Policy Exceptions
- Employers cannot fire employees for refusing illegal acts, performing public duties, exercising public rights, or whistleblowing illegal activities.
- Wrongful discharge/retaliatory discharge lawsuits are possible if public policy is violated.
Occupational Safety and Health Act (OSHA)
- Employers must maintain a workplace free of recognized hazards.
- OSHA standards must be followed, with possible fines for violations.
- OSHA inspectors enforce regulations, reacting to worker reports.
Worker's Compensation
- State laws mandate insurance for employee injuries and deaths.
- Workers' compensation provides a predetermined recovery, irrespective of fault.
- Employers are usually immune from tort lawsuits related to work-related injuries in most states.
- To claim workers' compensation, employees must demonstrate an injury from an accident or work-related disease, arising during employment.
- Worker's compensation is the exclusive remedy for injuries in most states.
Family and Medical Leave Act (FMLA)
- Applies to employers with 50+ employees.
- Allows up to 12 weeks of unpaid leave for childbirth, adoption, ill family members, or employee's own serious illness.
- Leave can be denied if it causes substantial economic injury to the employer.
- Termination is sometimes permissible for employees unable to perform essential job functions due to FMLA-related absences.
General Employment Regulations
- Employers must hire legally authorized workers and verify their status.
- Federal, state, and local minimum wage requirements apply.
- Licensing is required for many professions (based on state/national standards).
Employee Retirement Income Security Act (ERISA)
- Ensures retirement plan benefits to participants.
- Employees' benefits vest after a certain period of employment under ERISA.
National Labor Relations Board (NLRB)
- Oversees implementation of the National Labor Relations Act (NLRA).
- Deals with labor disputes that affect interstate commerce, covering about 7% of the private sector workforce.
- NLRA doesn't apply to the public sector.
- Unions, employees and employers can file unfair labor practice charges with the NLRB.
Unionization Process
- Employees can seek union representation through organization drives.
- Authorization cards are submitted if 30%+ of employees desire union representation.
- NLRB conducts elections to determine majority support.
- Employer and Union campaigning occurs before the election.
- Union certification occurs if there is a majority vote for unionization.
- Decertification is possible 60-90 days before collective bargaining agreement expiration (30%+ petitioning).
Collective Bargaining
- Employers and unions negotiate employment contracts.
- Good faith bargaining is required by the NLRA.
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