Employment Law Donna M. Kesot, CPCU      ©March 26, 2013
Termination &                                   Labor Mgmt                Discrimination   Corporations                Mis...
Category 1 questions follow
Question           Employment at Will Exceptions
Answer   What are         • Public policy exception         • Implied contract exception         • Covenant of good-faith ...
Question           Main aspects of the           Occupational Health & Safety Act of 1970 (OHSA)
Answer   What are         • Employers must provide a safe place to work by           setting standards of safety.         ...
Question           Main aspects of Family Medical Leave Act (FLMA)
Answer   What are         • Requires employers to provide unpaid leave for           circumstances covered under the Act. ...
Question           3 Employee Benefit Laws
Answer   What are         1. Employee Retirement Income Security Act            (ERISA, 1974) for pensions         2. Cons...
Question           Privacy Protections
Answer   What are         •         •         •           Common Law allows suits for invasion of privacy           Drug-F...
Category 2 questions follow
Question           2 Age Discrimination Laws
Answer   What are         • Age Discrimination Act (ADEA) 1967            ~bona fide occupational qualification (BFOQ) is ...
Question           Five Laws regarding Sex, Race, Religion, or National           Origin
Answer   What are         •         •         •             Civil Rights Act of 1866 (Race, making contracts)             ...
Question           2 Disability Laws
Answer   What are         Rehabilitation Act of 1973 prohibits discrimination         based on disability as long as essen...
Question           Laws for service men and women
Answer   What are         • Vietnam Era Veterans Readjustment Assistance           Act of 1974         • Uniformed Service...
Question           What agency oversees Title VII protections?
Answer         EEOC overseas complaints, 180 days w/ no         settlement --> right to sue letter         • Claimant must...
Category 3 questions follow
Question           3 Types of Corporations
Answer   What are         1. Government corporations (cities, counties, states)         2. Charitable or not-for-profit co...
Question           Advantages of incorporation
Answer   What are         • Limit liability (courts may pierce the corporate           veil for wrongful acts)         • T...
Question           What is included in corporate bylaws
Answer   What are         • Stockholders meetings (date, place, conduct of elections,           order of business)        ...
Question           4 stock purchase rights
Answer   What are         • Short-term options         • Stock Warrants (usually preferred stock, bonds)         • Stock O...
Question           Ownership currency of corporations
Answer   What are         • Bonds-long term debt instrument with annual           rate of return         • Common stock (v...
Category 4 questions follow
Question           3 main areas of law governing labor-management           relations
Answer         What are         Collective Bargaining         Collective Bargaining Process         Economic Pressure
Question           Purpose of collective-bargaining relationships
Answer         What is give employees more influence as a group         when negotiating with the employer, versus        ...
Question           Types of issues requiring collective bargaining?
Answer         What are         Wages         Hours         Other Terms of Employment (Benefits, etc.)
Question           Happens when parties don’t reach agreement
Answer         What aare mediation, then arbitration, possibly         strike
Question           Tactics acceptable for employer to use in lieu of           firing for strike and which two acts govern...
Answer   What are employment of replacement workers         Under certain conditions, a lock-out         Norris-LaGuardia ...
Category 5 questions follow
Question           Ultra Vires
Answer         What is an act of a corporation that exceeds its         powers
Question           Derivative suit
Answer   What is a suit brought by one of more shareholders         Other remedies include class action suits and direct  ...
Question           Limited partnership
Answer   A form of partnership made up of one or more         general partners who have unlimited liability, and         o...
Question           Limited Liability Company (LLC)
Answer         A form of business entity that provides its owners         with limited liability of a corporation and the ...
Question           This entity arises by people’s actions, oral           agreement, written agreement
Answer   What is how partnerships arise?         The Uniform Partnership Act (UPA), partnership         agreement, and gen...
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Employment law

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Employment law

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

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