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Employment LawDonna M. Kesot, CPCU
©March 26, 2013
Termination & Welfare
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Discrimination
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Corporations
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Labor Mgmt Relations
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Misc
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Category 1 questions follow
Quest
ion
Employment at Will Exceptions
10Category 1
Answ
er
What are• Public policy exception
• Implied contract exception
• Covenant of good-faith exception
• Statutory exception
10Category 1
Quest
ion
Main aspects of the Occupational Health & Safety Act of 1970 (OHSA)
20Category 1
Answ
er
What are• Employers must provide a safe place to work by
setting standards of safety.• Enforced by inspection and investigations• Penalties imposed for violations
20Category 1
Quest
ion
Main aspects of Family Medical Leave Act (FLMA)
30Category 1
Answ
er
What are• Requires employers to provide unpaid leave for
circumstances covered under the Act.• Employers with 50 or more employees• Employees must have worked at least 12 months
and 1,250 hours
30Category 1
Quest
ion
3 Employee Benefit Laws
40Category 1
Answ
er
What are 1. Employee Retirement Income Security Act
(ERISA, 1974) for pensions2. Consolidated Omnibus Budget Reconciliation Act
(COBRA, 1986) for health benefits ~exempts fed employees and religious groups3. Health Care and Education Reconciliation Act of
2010 for expansion of the availability and affordability of health care. AKA Affordable Care Act, e.g. Obamacare
40Category 1
Quest
ion
Privacy Protections
50Category 1
Answ
er
What are • Common Law allows suits for invasion of privacy• Drug-Free Workplace Act 1988• Employee Polygraph Protection Act 1988• Omnibus Crime Control and Safe Streets Act of 1968 • Electronics Communications Privacy Act 1986 (allows
privacy to be invaded if employee consent given for ‘monitoring’)
• Federal Fair Credit Reporting Act (FCRA) allows background checks
• Health Insurance Portability and Accountability Act (HIPAA, 1996)
50Category 1
Category 2 questions follow
Quest
ion
2 Age Discrimination Laws
10Category 2
Answ
er
What are• Age Discrimination Act (ADEA) 1967 ~bona fide occupational qualification (BFOQ) is the minimum qualification needed to perform the duties of a particular job
• Older Workers Benefit Protection Act (OWBPA of 1990) ~prohibit age discrimination in offering benefits
10Category 2
Quest
ion
Five Laws regarding Sex, Race, Religion, or National Origin
20
Answ
er
What are• Civil Rights Act of 1866 (Race, making contracts)• Civil Rights Act of 1871 (Right to Sue)• Civil Rights Act of 1964 (Title VII added Gender & Religion) ~Disparate Treatment Theory (Intentionally treating individuals differently)• Quid pro quo Sexual Harassment (1980)• Hostile Work Environment ~severe & persuasive• Civil Rights Act of 1991 ~Disparate Impact Theory (Intention is not focus)• Executive Order 11246 (Equal Opportunity Employment)• Affirmative Action Plan• Equal Pay Act of 1963 (& new Lily Ledbetter Act)
20Category 2
Quest
ion
2 Disability Laws
30Category 2
Answ
er
What are Rehabilitation Act of 1973 prohibits discrimination based on disability as long as essential functions of the job can be completed
American with Disabilities Act strengthens the prohibition and requires equal access to buildings/facilities
Daily Double: What compliance issues arise?
30Category 2
Quest
ion
Laws for service men and women
40Category 2
Answ
er
What are • Vietnam Era Veterans Readjustment Assistance
Act of 1974
• Uniformed Services Employment and Reemployment Rights Act of 1994
40Category 2
Quest
ion
What agency oversees Title VII protections?
50Category 2
Answ
er
EEOC overseas complaints, 180 days w/ no settlement --> right to sue letter• Claimant must sue within 90 days
50Category 2
Category 3 questions follow
Quest
ion
3 Types of Corporations
10Category 3
Answ
er
What are 1. Government corporations (cities, counties, states)2. Charitable or not-for-profit corporations (colleges,
universities, hospitals, religious organizations)3. Business for Profit corporations
A corporation is a separate legally recognized business entity organized under state law and entitled to the same rights as a person, distinct from its owners. • Regulated by both Fed & State laws
10Category 3
Quest
ion
Advantages of incorporation
20Category 3
Answ
er
What are• Limit liability (courts may pierce the corporate
veil for wrongful acts)• Tax advantage• Easier to sell/transfer ownership• Easier to raise capital• Perpetuity beyond the death of owners
20Category 3
Quest
ion
What is included in corporate bylaws
30Category 3
Answ
er
What are• Stockholders meetings (date, place, conduct of elections,
order of business)• Directors (term of office, compensation, meetings, loans,
authority to elect officers)• Indemnification of Directors, officers and agents• Shares of stock (issue, transfer, record date)• Corporate seal and officers signatures• Procedures for transfer or dissolution• Future amendment of bylaws
30Category 3
Quest
ion
4 stock purchase rights
40Category 3
Answ
er
What are • Short-term options
• Stock Warrants (usually preferred stock, bonds)
• Stock Options (deferred compensation)
• Pre-emptive Rights for existing stockholders
40Category 3
Quest
ion
Ownership currency of corporations
50Category 3
Answ
er
What are• Bonds-long term debt instrument with annual
rate of return• Common stock (voting)• Preferred stock (nonvoting but higher priority if
corporation is dissolved)• Par value – arbitrary dollar value that the
corporation assigned to stock shares• Treasury stock – stock repurchased by the
company and not retired
50Category 3
Category 4 questions follow
Quest
ion
3 main areas of law governing labor-management relations
10Category 4
Answ
er
What are Collective BargainingCollective Bargaining ProcessEconomic Pressure
10Category 4
Quest
ion
Purpose of collective-bargaining relationships
20Category 4
Answ
er
What is give employees more influence as a group when negotiating with the employer, versus negotiating alone?
20Category 4
Quest
ion
Types of issues requiring collective bargaining?
30Category 4
Answ
er
What areWagesHoursOther Terms of Employment (Benefits, etc.)
30Category 4
Quest
ion
Happens when parties don’t reach agreement
40Category 4
Answ
er
What aare mediation, then arbitration, possibly strike
40Category 4
Quest
ion
Tactics acceptable for employer to use in lieu of firing for strike and which two acts govern collective bargaining
50Category 4
Answ
er
What are employment of replacement workersUnder certain conditions, a lock-out
Norris-LaGuardia Act of 1932 (prohibited federal court injunctions in labor disputes until all efforts exhausted in negotiation
National Labor Relations Act of 1935 (recognized Labor Unions)
50Category 4
Category 5 questions follow
Quest
ion
Ultra Vires
10Category 5
Answ
er
What is an act of a corporation that exceeds its powers
10Category 5
Quest
ion
Derivative suit
20Category 5
Answ
er
What is a suit brought by one of more shareholders
Other remedies include class action suits and direct laws suits
20Category 5
Quest
ion
Limited partnership
30Category 5
Answ
er
A form of partnership made up of one or more general partners who have unlimited liability, and one or more limited partners whose liability is limited to the amount of capital they have contributed to the partnership
30Category 5
Quest
ion
Limited Liability Company (LLC)
40Category 5
Answ
er
A form of business entity that provides its owners with limited liability of a corporation and the tax advantages of a partnership
40Category 5
Quest
ion
This entity arises by people’s actions, oral agreement, written agreement
50Category 5
Answ
er
What is how partnerships arise?
The Uniform Partnership Act (UPA), partnership agreement, and general principles of contract and agency law govern the relationship between partners
50Category 5