Chapter 20

Question 1

Employment at Will

Answer 1

When a person provides services to another for compensation without the duration of the relationship specified
*different than a contractor that has a time limit

Question 2

Application of the Employment at Will Doctrine

Answer 2

The employment relationship may be terminated by either party at any time for any reason, subject to certain exceptions

Question 3

Exceptions to the Employment at Will Doctrine

Answer 3

1. Implied contract
2. Implied covenant of good faith
3. Public policy

Question 4

Implied contract

Answer 4

Guarantees of continued employment can create an implied contract
“you will have a job, if you do a good job”

Question 5

Implied Covenant of Good Faith

Answer 5

Some states hold that the employment relationship creates an implied promise to act in good faith. So, if the employer fires an employee for an arbitrary or unjustified reason, it may be considered bad faith (taking advantage of an employee)

Question 6

Public Policy

Answer 6

Applies when the employer fires a worker for reasons that violate a fundamental public policy of the state (common law, administrative agency law, etc.)

Question 7

Firing that violates common law:

Answer 7

1. Employer directs an employee to commit a crime and the employee refuses and is fired (ALL states)
2. Fraud/tort by the employer
3. Employer fires employee for Whistleblowing

Question 8

Example of fraud/tort by the employer

Answer 8

Goldfinch convinces Brianna to leave one good job in one state for another in another state. This position is described by Goldfinch as a “long-term, thriving position.” Goldfinch is not thriving and planning on terminating the position

Question 9

Whistleblowing

Answer 9

When an employee tells a government official, upper management, or the press that her/his employer has engaged in some unsafe or illegal activity

Question 10

Statutes protecting Whistleblowers

Answer 10

1. Whistleblower Protection Act of 1989 (Federal) - an employer cannot retaliate against whistleblowers
2. State whistleblower statutes

Question 11

Texas Statutes protecting Whistleblowers

Answer 11

1. Public Employee Whistleblower Act: protects public employees who make good faith reports of violations of law by their employer to an appropriate law enforcement authority
2. Other statutes: Texas Medicaid Fraud Prevention Act

Question 12

Wrongful Discharge

Answer 12

1. The employer has fired the employee in violation of the employment contract between the parties; OR
2. The employer has fired the employee in violation of a statute or common law

Question 13

Fair Labor Standards Act of 1938

Answer 13

1. Child Labor rules
2. Minimum wages
3. Tipped workers
4. Overtime

Question 14

Child Labor Rules - Children under 14

Answer 14

Allowed to do only certain types of work (they can deliver newspapers, work for their parents, and be employed in entertainment or agriculture)

Question 15

Child Labor Rules - Children 14 & 15

Answer 15

Allowed to do work, but not hazardous occupations (restrictions on how many hours per day and per week)

Question 16

Child Labor Rules - Children 16 & 17

Answer 16

No time restrictions
Cannot be employed in hazardous jobs

Question 17

Minimum wage

Answer 17

Federal: $7.25
TX: $7.25

Question 18

Tipped workers

Answer 18

Direct wages of $2.13 an hour plus tips must equal federal minimum wages

Question 19

Overtime

Answer 19

Any employee who agrees to work more than 40 hours per week must be paid no less than one and a half times his regular pay for all hours over 40

Question 20

Who is exempt from overtime rules?

Answer 20

1. Executives
2. Administrative
3. Professional
4. Outside salespeople
5. Those who create computer codes
   And those making more than $50,440 a year (as of 2016)

Question 21

Family Medical Leave Act of 1993

Answer 21

• Employers who have 50 or more employees must provide employees with up to 12 weeks of UNPAID family/medical leave during any 12-month period
• During the leave, the employer must continue the worker’s health-care coverage
• Employee is guaranteed to return to the same or a comparable position after leave

Question 22

Exceptions to the coverage of the FMLA

Answer 22

1. “Key Employee Exception”
2. Must have worked at least one year with the company
3. Must have worked at least 1250 hours the preceding year (not a part-time employee)

Question 23

Key Employee Exception

Answer 23

When the leave is over the employer doesn’t have to return the employee to the “key employee” position. However they are still entitled to the leave. Key employee=top 10% wage earners at the company

Question 24

Requirements for Family or Medical Leave

Answer 24

1. To care for a newborn within one year of birth
2. To care for adopted or foster child within one year of placement
3. To care for employee’s CHILD, SPOUSE, or PARENT with a “serious health condition” - cancer, heart attack, etc.
4. When employee has a “serious health condition” making them unable to do the job
5. Exigent circumstances arising out of the fact that spouse, son, daughter, or parent is covered military member on active duty - get up to 26 weeks in a 12 month period

Question 25

Ballard v Chicago Park District

Answer 25

Mrs. Ballard is the primary caregiver for her mother. Her mother is on Hospice. Hospice helps the mother create a bucket list. Mrs. Ballard wants to take her mother to Las Vegas which is on the bucket list. The employer rejects the leave. She wins the case: the statute does not say anything about where you have to be physically located to provide care for someone with a serious health condition. There was a fire preventing them from getting back into the hotel with the medication and the oxygen – Mrs. Ballard needed to be there, her mother would have died had she not been.

Question 26

How do you get FMLA leave, and do you have to give notice?

Answer 26

Yes, you have to give notice. You must state on the leave form what you are taking the leave for, you have to reveal information about yourself. You don't have to take all 12 weeks at on time, you can't take it over a year.

Question 27

Occupational Safety & Health Act of 1970

Answer 27

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

Question 28

Which 3 agency have a role related to OSHA?

Answer 28

1. Occupational Safety and Health Administration (sets standards, makes inspections, enforces the Act) 2. National Institute for Occupational Safety and Health (conducts research on safety and health problems and recommends standards for OSHA to adopt) 3. Occupational Safety and Health Review Commission (an independent agency that handles appeals from actions take by OSHA

Question 29

OSHA Procedures

Answer 29

- OSHA compliance officers may inspect facilities. - Employee may report OSHA violations. - Employee cannot be fired for refusing, in good faith, to work in a high-risk area if bodily harm or death might result. - Employer must report all work-related injuries and diseases to OSHA. - If an employee is killed in a work-related accident or 3 or more workers are hospitalized in one incident, the employer must notify OSHA within 8 hours or will be fined, and an inspection of the premises is mandatory. * quick turnaround

Question 30

Requirements for Receiving Worker's Compensation

Answer 30

1. Must have an employment relationship 2. Worker's injury must have been "accidental" 3. Worker's injury must have occurred on the job or in the course and scope of employment

Question 31

Worker's Compensation v Litigation

Answer 31

- An employee's acceptance of worker's comp benefits bars the employee from suing for injuries caused by the employer's negligence - Employer cannot raise common law defenses - An employee can sue the employer who INTENTIONALLY injures the worker

Question 32

What are the benefits of worker's compensation?

Answer 32

Immediate relief and money back for time lost

Question 33

What are the downsides of worker's compensation?

Answer 33

You are stuck with the benefits: you are not able to sue for negligence (you do not get a choice)

Question 34

HIPPA

Answer 34

A privacy law Your health care information is secure - the clinic tells you what they won't do with your information

Question 35

Electronic Monitoring in the Workplace

Answer 35

Information is not private to you, it is private to the employer

Question 36

Employee Privacy Protection

Answer 36

Tort Laws - Intrusion Private and public/government employees have these protections Court balance the employee's reasonable expectation of privacy v. the employer's interests

Question 37

Interests of the Employer

Answer 37

- Need to know, duty to protect workers - Liability issues, duty to protect the public - Safety concerns - Discipline - Efficiency

Question 38

When does an employee have a reasonable expectation of privacy?

Answer 38

- Policy: employer does not monitor your emails, what is said on your email cannot be used against you - Example: You send an email from your work computer about a supervisor who was acting inappropriately at a party. - Employee in that situation did not have a reasonable expectation of privacy, even though there is a policy that says other wise – it is not your personal email, it is owned by the employer, sent from an employer’s computer, etc… - Misleading policies are unethical from the

Question 39

The Electronic Communications Privacy Act of 1986

Answer 39

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

Question 40

Exceptions of the Electronic Communications Privacy Act of 1986

Answer 40

1. Consent - consent forms are a part of everyone's employment forms 2. Business-extension exception - employer may monitor employee electronic communications in the ordinary course of business

Question 41

Lie Detector Tests Prohibits Employers From:

Answer 41

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

Question 42

Exceptions to the Lie Detector Tests

Answer 42

1. Government employers 2. Security service firms 3. Drug companies (Pharmaceutical) 4. Employers investigating loses (theft at work)

Question 43

Drug Testing

Answer 43

Lawful in many cases-you consent to it as an employee 1. Government Employees: 14th Amendment applies 2. Private Employees: 14th Amendment does not apply (but some states allow for it)