MGMT Chapter 20

employment at will

when a person provides services to another for compensation without the duration of the relationship specified (is duration is specified, it’s a contract)

whistleblowing

when an employee tells a government official, upper management, or the press that their employer has engaged in some unsafe or illegal activity

whistleblower protection act of 1989

a federal act that protects federal whistleblowers who work for the government and report the possible existence of an activity constituting a violation of law, rules, or regulations, or mismanagement, gross waste of funds, abuse of authority or a substantial and specific danger to public health and safety

public employee whistleblower act

texan whistleblower statute that protects public government workers for the state, city or county who are reporting illegal acts of others in good faith to appropriate authorities

nursing home workers act

requires nursing home workers to report elder abuse within a certain time of witnessing it

wrongful discharge

employer fires employee in violation of employment contract between parties or statute/common law

fair labor standards act of 1938 (FLSA)

federal statute that sets the standards for child labor, minimum wages, and overtime pay

family medical leave act of 1993

employers who have 50 or more employees must provide employees with up to 12 weeks unpaid family or medical leave during any 12 month period; during the leave, the employer must continue the worker’s healthcare coverage; the employee is guaranteed to return to the same or a comparable position after the leave

occupational safety & health act of 1970

provides for specific standards that an employer must meet in an attempt to ensure safe and healthful working conditions for employees

occupational safety & health administration (OSHA)

sets forth standards, makes inspections, and enforces the act

national institute for occupational safety & health

conducts research on safety and health problems and recommends standards for OSHA to adopt

occupational safety & health review commission

an independent agency that handles appeals from actions taken by OSHA

state worker’s compensation laws

requirements for receiving worker’s compensation:

• must have an employment relationship

• worker’s injury must have been “accidental”

• worker’s injury must have occurred on the job or in the course of employment

health insurance portability and accountability act (HIPAA)

privacy law that is found under employer sponsored group health plans

electronic communications privacy act of 1986

prohibits the intentional interception of any wire or electronic communication or the intentional disclosure or use of information obtained by the interception

employee polygraph protection act

prohibits employers from:

1. requiring or causing employees or job applicants to take lie-detector tests or suggesting that they do so

2. using, accepting, referring to, or asking about the results of lie detector tests taken by employees or applicants, AND

3. taking or threatening negative employment-related action against employees or applicants based on results of or refusal to take lie detector tests