Directions: Find an article from reliable news sources (Time.com, USA Today, The New York Times, Las Vegas Sun, etc., or any other reputable national or local source) and present the article in class. You may not use an article that was published before 5/15/18.You must also turn in a written summary of the article by answering the questions below. Your written reflection must be a one-page typed (double-spaced).my topic is ” Transgender Rights”TOPIC of Article: TITLE of Article: SOURCE / Article Link:WHO is this article about?WHAT is this story about? (List at least four important facts from your article).WHEN did this story take place? WHERE is this event or issue occurring? (Specify city, country, region, etc.)WHY is this story important?CONNECT the article to a concept we discussed/will discuss in HMD 402 and explain (I will give you the powerpoint of the lecture so far)and I also need power point slides. I need to do presentation for 3-5 mins, so I think there should be 5-6 slides in power pointand please make a script for power point as well. if you have any questions, let me know
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Exam Review
March 6, 2019
70 Multiple Choice Questions
Fair labor standards act (FLSA)
This is main federal law affecting worker’s pay
Law sets out minimum wage and overtime pay
Prohibits pay differences between gender
Most states have additional laws
Federal minimum wage $7.25
Wage and hour laws don’t cover independent contractors
Question 1
Employees who are exempt from overtime
only (still must pay minimum wage)
Taxicab drivers
Selling trucks, cars, trailers, boats, or
aircraft
Home healthcare companions
Question 2
Payroll withholding
Federal law requires you to withhold income taxes and Social Security and
Medicare contributions from employees’ paychecks.
State may have income taxes that must be withheld
Under federal law, employers may deduct the cost of meals, housing,
transportation, loans, child support, alimony, payroll savings, and insurance
premiums
Question 3
Federal and Nevada
Federal
Race
Color
National origin
Religion
Sex (including pregnancy, childbirth, and
related medical conditions)
State (Nevada)
Sexual orientation (includes perceived sexual
orientation)
Use of service animal
Gender identity or expression
Credit report or credit information
Opposing unlawful employment practices
Disability
Age (40 and older)
Citizenship status
City (San Francisco, CA)
Genetic information
Weight and height
Question 4
Permitted discrimination (BFOQ)
Bona fide occupational qualifications (BFOQ): in limited circumstances, an
employer may have a legitimate reason to seek an employee of a
particular gender, religion, or ethnicity – even if this would ordinarily be
illegal (RACE CAN NEVER BE BFOQ)
Question 5
Protecting against unfair competition
Trade secrets examples: restaurant recipes for special salad dressing, list of
500 gaming whales, etc.
To qualify for trade-secret protection employer must show that steps were
taken to keep information a secret and information must not be available
from other sources
Non-compete agreements: employees agree not to compete in similar
business for a specific period of time in a specific location; best to have
employees sign these at time of hiring (California illegal)
Must be reasonable
Question 6
New hire reporting form
You have 20 days (in most states) to submit the new hire form to the state’s
department of labor
This form is used primarily to track down parents who aren’t paying child
support
This form is also used to prevent improper payments of workers
compensation, unemployment benefits, or public assistance benefits
Question 7
Calculating work hours
Non-exempt employees must be paid for any hours worked that the time
was controlled by or benefit the employer
Time to change into uniform does not count
You do not have to pay for employees meal or break period
But employee must be completely relieved from work during that period
Generally if you want nonexempt employees to attend a lecture, meeting,
or training seminar, you must pay for the employees time, including travel
time if the meeting is away from the workplace
Do not pay for time takes to commute to work
Question 8
Debts and wage garnishments
Federal law allows employees to deduct money from employees paycheck for
certain job-related debts (example: cash-drawer shortage)
Also–
You may be sent court order to withhold employees wages
This is legal and is referred to as wage attachment or wage garnishment
If you receive garnishment order, read carefully
Follow state laws accordingly
Consumer Credit Protection prohibits a creditor from taking more than 25% of
an employees net earnings
Also, prohibits employer from firing employee because of one judgment debt
(two or more judgments, you can fire employee)
Questions 9 and 10
Record-keeping requirements
Wage and hour records must be kept for
all nonexempt workers, including:
Employee’s name, address, social
security number, occupation, and
gender
Regular hourly pay rate for any week
when overtime was worked
Total overtime pay for the workweek
The employees birthday if under 19
Deductions from or additions to wages
The hour and day the workweek
begins
Total wages paid each pay period
Date of payment and pay period
covered
Total daily or weekly earnings
Question 11
What should job posting ad include?
Job descriptions should be well-drafted
Qualifications: list necessary skills, education, experience, and licenses
Be careful when setting requirements for education and experience because
these requirements may have unintended discriminatory effects on protected
groups
Essential job functions: American with Disability Act (ADA) has forced
employers to look closely at essential functions of the job (example lifting
boxes for a mail-room clerk)
Nonessential job functions: desirable duties are permitted
Question 12
Exempt vs. non-exempt
Employees who are exempt include:
White-collar employees (executive and professional employees)
Highly paid employees
Outside sales employees
Computer workers
Apprentices
Question 13
Avoiding false promises of job security
If there is no contract for a fixed term, the employee works at the will of the
employer and employee (“at-will”)
This means the employee can be fired at anytime or quit at anytime, for
any reason (other than discrimination)
Different in the state of Montana (here employee is only “at-will” the first six
months; after six months employee can only be fired for cause)
The “at-will” relationship offers maximum flexibility to fire employees, but
employers must be careful what they tell employees
Question 14
Exempt employees
1. Earnings requirement: they must earn at least a set minimum amount per
week (Employees must earn at least $913 per week ($47,476/year)
2. Salary basis: they must receive their minimum earnings on a salary basis
(Salary basis: paid on regular schedule (e.g. weekly, bi-weekly, or monthly;
Can’t dock if someone misses a few hours in a particular week)
3. Duties: they must perform certain duties that involve executive
administrative, or professional skills
Question 15
Family Medical Leave Act (FMLA)
Employers who have 50 or more employees for 20 or more weeks in the
current or proceeding year
For FMLA purposes, includes all employees on your payroll whether parttime, or already on leave
Employee in a covered business is eligible for FMLA leave only if the
employee works within 75-miles of 50 or more employees
Employee is covered if has worked (1) for at least 12 months (these months
do not have to be consecutive) and (2) for at least 1,250 hours during the
12 months before the leave
Question 16
FMLA
Unclear or Incomplete Certifications
Sometimes employees may provide an incomplete certification
Employer must provide employee in writing that the certification is not
sufficient and explain what is missing
Employee must be given 7 (seven) calendar days to make adjustments to
complete the certification
Question 17
OSHA
Posting and Reporting
Within 8 hours, you must notify OSHA if an employee has died from a jobrelated accident or if three or more employees have been hospitalized
because of a workplace accident
Contact the nearest OSHA office to report the location and the time of the
accident, the number of employees who have been hospitalized, the
number of fatalities, an employer contact number and person, and a brief
description of the incident
Question 18
EEOC: Conciliation
The EEOC will try to come to a settlement between the employee and
employer, which is called conciliation
Conciliation is an informal process that resolves any legal violation for the
employee who filed the complaint; terms of the agreement will be written
out in a statement; the agreement usually requires the employee to give
up their right to sue the employer if the employer takes the steps to correct
the discriminatory situation as outlined in the agreement
The EEOC will check-up to make sure the employer is complying
Conciliation is confidential – so the public is not aware of the discrimination
Question 19
FMLA
Advance Notice of Leave
If employee can foresee the need for medical leave or bonding leave, the
employee can be required to notify employer with at least 30 days notice
before the unpaid leave is to begin
FMLA takes into account that notice is often not possible
Employer can ask employee why notice was not given
When the need for FMLA is not foreseeable, the employee or family can
notify the employer in person or by phone, email, fax, or other reasonable
method
Question 20
FMLA
Certifications
Employees can abuse the system
Employers may ask for documentation from the employees confirmed by
the health care provider stating: (1) the date; (2) the length likely to last;
(3) diagnoses of the condition; (4) treatment prescribed; and (5) whether
inpatient treatment is required
This is up to the employer, but employer should remain consistent
The Department of Labor has developed certification forms for each type
of leave on their website
Question 21
Older Workers Benefit Protection Act
The federal Older Workers Benefit Protection Act makes it illegal for an
employer to use and employees age as basis for discrimination in benefits
This covers workers who are 40 years old and older
It applies to all private employers with 20 or more employees
Question 22
Safety Handling Layoffs and WARN
When business conditions require a reduction in the workplace,
companies are usually free to terminate employees
Employers that are larger, must comply with the Worker Adjustment and
Retraining Act (WARN), which requires notification of any mass termination
In this situation, employers must notify each employee (or union) in writing
60 days before the layoff of the employees
Exceptions include unforeseen business circumstances
or a natural disaster
Question 23
Undue Hardship
The ADA doesn’t require an employer to provide an accommodation if the
accommodation places an undue hardship on the business (requiring
significant difficulty or expense)
Whether something is an undue hardship is determined on a case-by-case
basis, which often depends on the size and financial resources of a
company. The EEOC will look at the following:
The net costs of the accommodations
The size of the business and its financial resources
The structure of the business
The impact of the accommodation on business operations
Question 24
Sexual Harassment
In 1980, the EEOC issued guidelines stating that harassment in the
workplace is a form of sex discrimination prohibited by Title VII
In 1986, the Supreme Court agreed
The Court held that illegal harassment occurs when unwelcome sexual
advances, requests for sexual favors, and other verbal or physical
conduct of a sexual nature creates a hostile or abusive work environment
Most states have additional laws prohibiting sexual harassment
Question 25
FLMA
Family Health Problems
Can take time to care for parent, child or spouse who has a serious
condition
Serious condition usually includes a health condition where an individual
can’t work, attend school, or perform other normal life activities
A person who needs treatment for pregnancy, a chronic health condition,
or a long-term health condition may have a serious health condition
Employee’s child can be a biological, adopted, foster, step-child, legal
ward, or who employee financially supports
Children must be younger than 18 (if 18 or older, must be incapable of
caring for self because of mental or physical disability
Question 26
Mediation or Arbitration
The Civil Rights Act encourages employers and employees to resolve job
discrimination disputes through settlement negotiations, mediation, or
arbitration
In mediation, a neutral expert (the mediator) helps the employer and
employee reach a voluntary resolution
In arbitration, a neutral expert (the arbitrator) makes a binding decision
that can be enforced in court
Questions 27 and 28
Independent Contractors
Workers compensation insurance is required only for employees, not for
independent contractors
Want to make sure any independent contractor we hire carries their own
workers compensation insurance or other insurance in case they are
injured on the job
We want to protect our business from an independent contractor suing us
for failing to keep a safe workplace
Require proof of insurance (both worker’s compensation insurance and general
liability insurance)
Question 29
The National Labors Relations Act
NLRA is the major law regulating the formation of unions
NLRA provides the rights of workers to form unions, and through union
representation, to negotiate an employment contract covering all
members of the union
Question 30
Making Unions Unnecessary
Unions usually form or have formed because employees are dissatisfied
with some aspects of their work life
Employers should be sensitive to what’s going on in the workplace and
make reasonable changes when necessary
Employers should be fair and consistent in enforcing work rules and
disciplining employees
Employers should try providing exceptional wages and benefits to their
employees
Question 31
Union Membership Declining
As of 2015, 6.7% of the private sector are part of a union
In 1983, 17% of the private sector are part of a union
The amount of union workers are declining
Question 32
What is Not Permitted with Unions
Under the law, employers cannot:
Ask employees for their thoughts on union matters or how they plan to vote
Attend union meetings to spy on employees
Grant or promise employees promotions, pay raises, desirable work, or other
special favors to oppose unionizing efforts
Close down a worksite or transfer workers to pressure workers not to support the
unionization
Dismiss, harass, or punish workers who support unionization
Refuse to bargain collectively with the employee’s union representative
Question 33
Question 34
The Risks of Misclassification
Ways that the IRS finds out about misclassifications
1.
Investigations of unpaid taxes of independent contractor
2.
Disgruntled employees may complain to the IRS
3.
During tax audits
4.
Worker who was misclassified is seeking unemployment benefits
Question 35
FLMA
Birth, Adoption, or Foster Care
Birth of child or because child has been placed with employee for
adoption or foster care
Only for first year of birth, adoption or foster care
Both men and women are eligible
Expected mothers can begin leave before birth of child
Spouses can also take time of before birth of child, if spousal care is
needed
Time before adoption is also available (court, counseling)
Married couples working for same company can be
limited to 12 weeks total
Question 36
FMLA Leave For Military Families
26 weeks for military leave for family members when service member is injured
during military service
Short-notice deployments, military events, childcare, financial and legal
arrangements, counseling, rest and recuperation, parental care, etc.
Question 37
FLMA
Substituting Paid Leave
Under federal law, employer is not required to pay employee for FMLA
Employee is eligible for their vacation, personal, family and sick leave
Employer or employee may substitute paid time off for unpaid FMLA leave
as long as the reason for the leave is covered by your paid leave program
Question 38
FMLA
Recertification
You can ask for recertification if employee asks for additional leave
Circumstances have changed significantly
Your receive information casting doubt on the validity of the FMLA
Question 39
The Occupational Safety and Health
Act
The Occupational Safety and Health Act was passed by congress in 1970
The law was designed to reduce workplace hazards and improve the
health and safety programs for workers
The law broadly requires employers to provide a workplace free of
physical dangers and to meet specific health and safety standards
The law requires employers to provide safety training to employees, inform
employees of hazardous chemicals, notify government administrators
about serious workplace accidents, and keep detailed safety records
Penalties for violations can result in fines
Question 40
Safety Standards
Employers must provide a work environment that is free from any
recognized hazards that may cause death or serious injury to employees
In the law, Congress created the Occupational Safety and Health
Administration (OSHA)
OSHA Is housed in U.S. Department of Labor
Congress authorized OSHA to set additional standards in workplace safety
Exposure to hazardous treatment
First aid and medical treatment
Noise levels
Protective gear, such as goggles, gloves, work shoes, and ear protection
Fire protection and workplace ventilation
Training
Question 41
Workers’ Rights
Employees have many rights under the Act. Two basic ones include:
1. Employees have the right to complain to OSHA about safety and health
conditions related to work.
Retaliation against that employee is restricted
2. In some situations, workers have the right to refuse to work in an unsafe
work environment
Legal test for this is: does the worker have a reasonable and good faith believe
that there’s an immediate risk of serious injury or death?
Employer can move employee to another job for equal pay while investigation
Question 42
Workers Compensation
Workers compensation covers the employee’s medical and rehabilitation
expenses
Also, offsets on average about 2/3 of their average wage
Benefit is tax free so employees typically are financially secure during this
time
Workers that have a total disability or a permanent partial disability, may
receive a lump sum
Question 43
EEOC: Right-to-Sue Letter
If the employer and employee can’t reach an agreement, the EEOC will
give the employer a ”right-to-sue” letter
This letter allows the employee to sue the employer in federal or state
court for possibly violating Title VII
Because the EEOC has limited resources, in many cases, the EEOC will
provide the right-to-sue letter without conducting an investigation
The letter doesn’t mean the EEOC thinks the employees allegations are
true
In very rare cases, the EEOC may file a lawsuit against a business on the
employees’ behalf
Question 44
Resume Fraud Usually Outweighs
Discrimination
Some employers are fighting back on cases of discrimination by arguing
that the employee lied on a job application and shouldn’t have been
hired in the first place
If the employer wins this argument, the employee’s discrimination lawsuit
may be thrown out
Question 45
Interviews and hiring:
Medical exams
After you make a conditional job offer (not before), an employer can
request a medical exam, but this has to be consistent for all employees
under that job category
Question 46
Skill tests
If you are hiring a data entry clerk, you may want to test their speed and
accuracy typing
If you are hiring a driver, you may want to give them a road test first
Just make sure that whatever skill you are testing for relates to the job
Question 47
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