Legal Environment exam 2

gcannon007's version from 2016-04-03 22:41

Section 1

Question Answer
reasons govt agencies existLegislatures don’t have expertise in an area, Legislatures can’t legislate in detail, Government functions can only be carried out by agencies
dependent agenciesheaded by secretary, more political, name includes dept. or agency
independent agenciesheaded by commissioners, less political, and name includes commission or board
functions of agenciesRule-making (legislative), Adjudication– deciding cases (judicial), Investigation– enforcement (executive), Advising, Supervising
types of regulationslegislative regulations, interpretive, procedural
Administrative Procedures act requirementsRegulations issued as “proposed regulations”, Proposed regulations have no legal effect, Must be published in Federal Register Public, must have an opportunity to comment on them
informal adjudicationsfines and citations issued after an inspection/audit
formal adjudication Hearing conducted by Administrative Law Judges
freedom of information actGives individuals access to internal agency documents, Excludes access to documents that affect privacy or security
sunset lawsGives an agency a definite life, Life may be renewed, No federal sunset laws
Government in the Sunshine ActAgency must conduct business in meetings open to the public, Exceptions related to privacy & security
equal access to judgement Applies to outrageous conduct by agencies, Allows victims to collect attorney’s fees as well as damages
employment at-will doctrineEmployee can be discharged at any time without a showing of good cause
exceptions to at-will doctrine cannot violate statute, cant violate a contract, and cant violate public policy
characteristics of workers compEmployee recovers for job-related injuries, exclusive remedy, must be work related,
agencies created by Occupational Safety and Health Act (1970)OSHA (rule-making & enforcement), Occupational Safety & Health Review Commission (adjudication), Institute for Occupational Safety and Health (research)
duties of employer under OSHAProvide safe work environment free of serious hazards even if no specific standards and Duty to keep accurate injury records
areas regulated by by fair labor standards actminimum wage, child labor, overtime, and garnishment of wages
rights employees have under OSHAcannot sue employer for OSHA violations
rules governing child laborUnder 14 (No work with limited exceptions), 14-15 (Limited hours in non-hazardous jobs), 16-17 (Unlimited hours in non-hazardous jobs), 18 & above (No restrictions)
defined benefit determined by a formula
defined contribution pension planamount of contribution is defined, but not the benefit
ERISA rules for eligibility Employee must be eligible to participate in the plan after: 1 year of service or Attaining 21, whichever is later
ERISA rules for vestingthat point in time when contributions are non-forfeitable
pension benefit guaranty corporationQuasi-public corporation (like FDIC), Insures define benefit plans, Funded through employer contributions, Pays a portion of benefit if plan fails
COBRA requires for health insurance benefitsAllows former employees and their dependents to participate in group health insurance of employer after a qualifying event
requirements for family and medical leave acthave to have 50 or more employees, provide up to 12 weeks for year, doesnt have to be paid, continue to make contributions to health insurance coverage, and must retain position of similar rank
what immigration reform and control act requiresEmployers must determine if a new hire has a legal right to work in the U.S. and Employee must provide documentation or appear on the E-verify system
how is social security fundedemployer and employee contributions
benefits given from social securityRetirement, Survivor’s, Disability, and Medicare
employee polygraphs in employment settingsEmployer has reasonable suspicion of wrongdoing, Specific industries

Section 2

Question Answer
equal pay actProhibits gender discrimination in rates of pay for workers performing “substantially identical work”
factors of substantially indentical skill, effort, responsibility, and working condition
defenses of substantially identical seniority, merit, quantity/quality of work, and anything other than gender
comparable worthDifferent jobs are compared, Addresses the undervaluation of traditional women’s work, pay rates should reflect the inherent value of the job, Differences may be a form of sex discrimination
Title VIIemployers with 15 or more employees. Race, color, national origin, sex and religion, and Applies to all employment decisions E.g. promotions, demotions, hiring , firing, benefits
disparate treatmentIntentional discrimination based on a prohibited classification
disparate impactNeutral rule which has the effect of negatively impacting a protected classification
arrest/conviction recordsArrest records are not relevant, Conviction records may be considered if job-related E.g. embezzlement and banking jobs
height and weightMust be job-related, Burden of proof is on the employer
testingMust be job-related, Validity, Test must be a good predictor of job success
educational requirementsMust be job-related, Employer should provide alternate methods (GED for high school diploma or years of experience for a degree)
religionreligious can, secular businesses can not
extent secular businesses can discriminateMust make a “reasonable accommodation” for religious practices, if possible Employer does not have to incur a substantial hardship
sex-plus discriminationDiscrimination is based on something related to gender (Married female or female with small children)
pregnancy discrimination actEmployer can’t discriminate for conditions related to pregnancy, should be treated like other temporary disabilities
fetal protection policyPolicies that prohibit fertile women from working in certain areas (ILLEGAL)
sexual harassmentInvolves unwelcome sexual advances by supervisors or co-workers
types of sexual harassmentquid pro quo, and hostile
sexual stereotyping Discrimination based upon stereotyping of appropriate gender behavior
sexual orientationNot a protected classification under Title VII. Some states and many cities prohibit this type of discrimination
defenses to a title VII actionBona Fide Occupational Qualification, business necessity, merit, seniority (customer defense is NEVER a defense)
why victim of discrimination prefer Civil rights act of 1866can get a lot more money
Age Discrimination in Employment Actprotects people over 40, eliminates mandatory retirement
disabilityAn impairment that limits major life activities
source of affirmative actionExecutive Order 11246
who enforces affirmative actionOffice of Federal Contract Compliance Programs