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Employment law

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  • 1. Employment Law Donna M. Kesot, CPCU ©March 26, 2013
  • 2. Termination & Labor Mgmt Discrimination Corporations Misc Welfare Relations 10 10 10 10 10 20 20 20 20 20 30 30 30 30 30 40 40 40 40 40 50 50 50 50 50
  • 3. Category 1 questions follow
  • 4. Question Employment at Will Exceptions
  • 5. Answer What are • Public policy exception • Implied contract exception • Covenant of good-faith exception • Statutory exception
  • 6. Question Main aspects of the Occupational Health & Safety Act of 1970 (OHSA)
  • 7. Answer What are • Employers must provide a safe place to work by setting standards of safety. • Enforced by inspection and investigations • Penalties imposed for violations
  • 8. Question Main aspects of Family Medical Leave Act (FLMA)
  • 9. Answer 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
  • 10. Question 3 Employee Benefit Laws
  • 11. Answer What are 1. Employee Retirement Income Security Act (ERISA, 1974) for pensions 2. Consolidated Omnibus Budget Reconciliation Act (COBRA, 1986) for health benefits ~exempts fed employees and religious groups 3. 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
  • 12. Question Privacy Protections
  • 13. Answer 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)
  • 14. Category 2 questions follow
  • 15. Question 2 Age Discrimination Laws
  • 16. Answer 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
  • 17. Question Five Laws regarding Sex, Race, Religion, or National Origin
  • 18. Answer 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)
  • 19. Question 2 Disability Laws
  • 20. Answer 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?
  • 21. Question Laws for service men and women
  • 22. Answer What are • Vietnam Era Veterans Readjustment Assistance Act of 1974 • Uniformed Services Employment and Reemployment Rights Act of 1994
  • 23. Question What agency oversees Title VII protections?
  • 24. Answer EEOC overseas complaints, 180 days w/ no settlement --> right to sue letter • Claimant must sue within 90 days
  • 25. Category 3 questions follow
  • 26. Question 3 Types of Corporations
  • 27. Answer 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
  • 28. Question Advantages of incorporation
  • 29. Answer 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
  • 30. Question What is included in corporate bylaws
  • 31. Answer 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
  • 32. Question 4 stock purchase rights
  • 33. Answer What are • Short-term options • Stock Warrants (usually preferred stock, bonds) • Stock Options (deferred compensation) • Pre-emptive Rights for existing stockholders
  • 34. Question Ownership currency of corporations
  • 35. Answer 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
  • 36. Category 4 questions follow
  • 37. Question 3 main areas of law governing labor-management relations
  • 38. Answer What are Collective Bargaining Collective Bargaining Process Economic Pressure
  • 39. Question Purpose of collective-bargaining relationships
  • 40. Answer What is give employees more influence as a group when negotiating with the employer, versus negotiating alone?
  • 41. Question Types of issues requiring collective bargaining?
  • 42. Answer What are Wages Hours Other Terms of Employment (Benefits, etc.)
  • 43. Question Happens when parties don’t reach agreement
  • 44. Answer What aare mediation, then arbitration, possibly strike
  • 45. Question Tactics acceptable for employer to use in lieu of firing for strike and which two acts govern collective bargaining
  • 46. Answer What are employment of replacement workers Under 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)
  • 47. Category 5 questions follow
  • 48. Question Ultra Vires
  • 49. Answer What is an act of a corporation that exceeds its powers
  • 50. Question Derivative suit
  • 51. Answer What is a suit brought by one of more shareholders Other remedies include class action suits and direct laws suits
  • 52. Question Limited partnership
  • 53. Answer 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
  • 54. Question Limited Liability Company (LLC)
  • 55. Answer A form of business entity that provides its owners with limited liability of a corporation and the tax advantages of a partnership
  • 56. Question This entity arises by people’s actions, oral agreement, written agreement
  • 57. Answer 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