Final Exam Review 39, 40, 41 and 50

Employment Regulation Overview

  • Key Aspects of Employment Regulation

    • Fair Labor Standards Act (FLSA)

    • State laws to protect workers

    • Laws regulating retirement and health benefits

    • Workers’ compensation laws

    • Family and Medical Leave Act (FMLA)

    • Employee privacy rights

    • Union formation and labor laws

    • Professional licensing

Fair Labor Standards Act (FLSA)

  • Established in 1938 and overseen by the U.S. Department of Labor.

  • Key Provisions:

    • Minimum wage set at $7.25, higher state minimums permitted.

    • Maximum 40-hour workweek with overtime pay (1.5X normal rate).

    • Restrictions on child labor (under 14: limited to newspaper delivery; 14-15: limited hours in nonhazardous jobs; 16-17: no dangerous jobs).

    • Employee classification regarding exemption criteria.

Portal to Portal Act

  • Clarifies compensable work time under FLSA:

    • Employees not compensated for travel to/from work unless integral to main activities.

    • Activities performed before or after main work are not compensated unless integral.

Employee Classification

  • Determined through a Duties Test:

    • Based on education, skill, salary method, physical labor requirements.

    • Examples of exempt employees include professionals (lawyers, doctors) and management personnel.

Child Labor Restrictions

  • Age-based restrictions:

    • Under 14: very limited employment,

    • 14-15: restricted hours in nonhazardous roles,

    • 16-17: no work in dangerous jobs.

State Labor Laws

  • Common state mandates include:

    • Minimum paid breaks

    • Meal breaks

    • Timely payday requirements

    • Prevailing wages for public contracts.

Retirement and Healthcare Benefits

  • ERISA (1974) regulates employee retirement plans:

    • Defined Benefit Plans (pensions)

    • Defined Contribution Plans (401k).

  • Coverage from the Social Security Act and ACA for healthcare benefits.

Workers' Compensation Laws

  • Provides compensation for job-related injuries through mandated insurance.

  • Compensation is a percentage of salary affected by injury or illness.

Employer Defenses in Workers' Compensation Claims

  • Claims may be denied if injury was:

    • Self-inflicted,

    • Resulting from violation of safety rules,

    • Due to employee misconduct or intoxication.

FMLA Overview

  • Allows up to 12 weeks unpaid leave for family medical reasons for eligible employees.

  • Coverage requirements and employee protections against discrimination due to FMLA leave.

Employee Privacy Rights

  • Monitoring of employee email and internet usage is common and generally permissible.

  • Protection of personal phone and voicemail communications under ECPA.

Drug and Alcohol Testing

  • Governed by state statutes with implications under ADA.

Labor Laws and Union Membership

  • NLRA (1935) legalized collective bargaining and established NLRB.

  • Employers may face restrictions for compulsory union membership under Taft-Hartley Act (1947).

Employment Discrimination Overview

  • Encompasses hiring, promotions, working conditions, and disciplinary actions.

  • Title VII prohibits discrimination based on race, color, national origin, gender, or religion.

Theories of Discrimination

  • Disparate Treatment: Intentional discrimination.

  • Mixed Motives: Mixed legitimate and illegitimate motives.

  • Disparate Impact: Neutral practices that disproportionately affect a protected class.

Sexual Harassment Laws

  • Includes quid pro quo harassment and hostile work environments.

  • Employers are liable for harassment claims if they fail to take corrective action.

Equal Employment Opportunity Commission (EEOC)

  • Investigates discrimination claims and may sue on behalf of employees.

Remedies for Discrimination

  • Injunctions, reinstatement, compensatory damages, and other forms of relief are possible through EEOC findings.