LGS EXAM 4 - Charlye Adams University of Alabama

Workers Comp

an exclusive remedy - must prove you are an employee and the injury was an accident, if you accept workers comp benefits you can't turn around and sue your employer for an accidental injury that happened at work, even if it was the result of your employers actions

OSHA

- was enacted in 1970
-designed to promote safety in the workplace
-cannot fire you if you decline dangerous working conditions

Occupational safety and health act

what does OSHA stand for

fair labor standards act

what does FLSA stand for

fair labor standards act

most comprehension wage and hour law we have to this day
-child labor
- minimum wage
- over time

14

under the age of ___ you can only
- deliver news papers
-chores for parents
- agricultural setting
- entertainment industry with supervision

$7.24

federal minimum wage

overtime

1 and a half times your regular pay

overtime

calculated based on the number of HOURS a week you work- any hours over 40

Cobra

a federal law that permits employees to continue their insurance even after they have been fired

family and medical leave act

What does FMLA stand for

FMLA

guarantees an employee of up to 12 weeks of UNPAID leave for family and medical emergencies
-also applies to family members who want to take care of families who are on active duty
- you are guaranteed your original or comperable position (you get you job back or something similar)
- only exception to this is if you're in the top 10% wage earners for that employer

monitor

as an employer you want to avoid liability for invasion of privacy claims it is in your best interest to notify your employees that you're going to _____ their electronic devices

title 7

prohibits employment discrimination
-race
-color
-nation Oregon
-gender
-religion

EEOC

federal agency that monitors employers and clients is called ____?

equal employment opportunity commission

What does EEOC stand for?

investigate and file suit, investigate and settle with employer, or issue a write to sue letter

what are 3 things EEOC does?

issue a right to sue letter

when EEOC does not find evidence against anything they ______
- giving you permission to sue

disparate treatment

when a specific individual is targeted and discriminated against

disparate impact

when an entire protected group is discriminated against

disparate impact to discrimination

a law can be neutral on its face but when you dig deeper that law can have some discriminatory intent

reverse discrimination

title 7 also protects people that fall into majority groups

Lilly Ledbetter Fair Pay Act

-2009
federal statute that allows someone who feels like they are the victim of gender discrimination in the form of pay
- give them 180 days from each paycheck to file a claim with the EEOC

discrimination against pregnancy, sexual harassment

________________ and ________- is discriminated against under title 7 of the civil rights act

quid pro quo, hostile work environment

2 types of sexual harassment

quid pro quo

the exchanging of sexual favors for positive job benefit is an example of a(n)

hostile work environment

the work place becomes so intolerable because of the sexual harassment that is taking place making a person not want to go to work anymore
- a cubical with porn on the screensaver constitutes as this

Ellerth Faragher Affirmative Defense

affirmitive defense that employers can use against a sexual harassment claim
- to be able to use this defense the employer has to be able to prove that they had a prohibition against sexual harassment and they had a policy in place
-you have to report the behavior to avoid liability

National Origin Discrimination

when somebody is discriminated against due to their heritage or cultural characteristics

Americans with disabilities act

What does ADA stand for?

true

You are only allowed to have a disability for drug use if you are a drug addict or have attended rehab that is on file (true or false)

Age Discrimination in Employment Act

what does ADEA stand for

ADEA

-have to prove that you are 40 years or older and/or otherwise qualified to do the job
-protects individuals over the age of 40 from workplace discrimination that favors younger workers.

consumer protection laws

designed to protect us as consumers

food and drug administration

created under the food dug and cosmetic act

food drug and cosmetic act

the FDA is going to regulate and oversee the approval of all food additives, drugs, cosmetics, and other medicinal devices through the _____________

Nutrition Labeling and Education Act

requires food labels to have standard nutrition facts and regulates the use of such terms as fresh and low fat

Consumer Product Safety Commission

what does CPSC stand for

Consumer Product Safety Commission (CPSC)

broad regulatory authority over the safety of consumer products

aircraft, motor vehicles, fire arms

exceptions of The Consumer Product Safety Commission (CPSC)

26

you can reply on your parents insurance until the age of ___

obamacare

you can reply on your parents insurance until the age of 26 due to ______

bait-and-switch

lure someone into a store with low prices then try and make them buy the higher priced item
• Fails to promise to deliver the advertised item within a reasonable time.
• Discourages employees from selling the advertised item.
• Refuses to show the advertised item.
• Fails to have a reasonable quantity of 8 the item in stock

Equal Credit Opportunity Act

an amendement to the Truth-in-lending act (TILA)
-prohibits discrimination through the extension of credit on the basis of race, color, gender, religion, national origin, age, marital status, and whether or not you receive public assisatnce

Equal Credit Opportunity Act

what does ECOA stand for

Fair Debt Collection Practices Act

tries to curve any abusive practices the debt collectors may be taking apart in

real property

land or anything permanently fixed to the land

subsurface rights/ mineral rights

ownership to the stuff beneath the service of the land

Possessory Rights

a bundle of rights for real for real property ownership is called ______

Fee Simple Absolute

- a form of ownership from the possessory rights
-entitiles you to the fullest bundle of legal rights available to a land owner

deed

The instrument used to transfer possession and title to land from person to person

general warranty deed

the seller is guaranteeing that there are no defects in title and no defects in the ownership of the property from the time the seller owns the property and for all other owners
- protect from ANY claims of defect in title from the time it became a piece of property until now

Special warranty deed/ statutory deed

the seller is guaranteeing and protecting the buyer from any defects in title or defects in ownership of the property that recalls by the seller or buy the time the seller owned the property

adverse possession

when you take title or ownership of property by wrongfully possessing it
- by gift, will, or inheritance

joint,

different types of concurrent ownerships

joint tenancies

you have a right of survivorship that if one of the owners dies that the dead person's interest in property goes only to the surviving owners of the property

tenancies-in-common

there is NO right to survivorship
when an owner of property dies, their ownership interest is distributed to their aires according to their will

tenancy by the entirety

A rare form of shared ownership of real property by married persons. Neither spouse may separately transfer his or her interest during his or her lifetime unless the other spouse consents. A divorce, either spouse's death, or mutual agreement will terminate a tenancy by the entirety
- does provide a right of survivorship

lease

the seller gives the owner the right to property for an amount of time in return for consideration

fixed tenancy

you know the start and end date to a lease

periodic tenancy

you pay your rent in periodic intervals but theres no end date to the lease
-pay each month (month-to-month

tenancy at will

when a tenancy is determined by a lease and it can end at any time either the seller or buyer wants

Easement

Right of a person to make limited use of another person's real property without taking anything from the property.