Quiz. FMLA 1. Private Employers are FMLA required if they employ 75 or more employees within a 50 mile radius. Yes 2. An Employee must have worked 1250 hours within the last 12 months to qualify for FMLA. Yes 3. An Employee must communicate their need for FMLA in writing and must specifically mention FMLA in order to qualify. No 4. Managers and supervisors can be held personally liable for FMLA violations. Yes 5. Second and third medical opinions are at the expense of the employee or their family members. MAYBE 6. If an Employee fails to notify Human Resources of the need for FMLA within 45 days of the leave commencing, an Employer can delay the requested leave by the same number of days. No 7. Employees must be informed in writing within 10 business days of the disposition of the FMLA request. No 8. An Employer should terminate the Employees health coverage when FMLA starts and send the COBRA qualifying event letter. NO 9. An Employer can terminate an FMLA Employees health coverage for non-payment of premium. Yes 10. An Employer can require an employee to exhaust all their paid time off before requesting FMLA. Yes 11. If an Employer willfully violates FMLA, double damages can be awarded. Yes 12. COBRA and FMLA can run concurrently. No 13. An Employer must have a written FMLA Policy. No 14. An employee can continue their participation in Dependent Care and Medical Reimbursement Accounts of their FSA while on FMLA. Yes
OSHA - Occupational Safety and Health Administration -AND- Occupational Safety and Health Act It was the first comprehensive safety and health law. It covers employers who have one or more employees. OSHA was enacted in 1970. Prior to this, (Industrial Revolution) there were no safety rules for employers and young children were allowed to work. When an employee was injured at work, they didn't receive any compensation from their employers Worker's comp - Employer pays a premium to have this type of "insurance" to protect themselves and their employees on the job. OSHA ensures every employee a safe and healthful working environment. There are standards for EVERYTHING (hearing protection, foot protection, etc. etc.)
New **TEST!! The general duty clause - Each employer shall furnish each employee a place of employment which is free from recognized hazards that window
are causing or are likely to cause death or physical harm to the employees. A hazard is detectable by the senses (smell, sight, hearing, feel, etc.) or by instrumentation (temp. gauges to detect a leak) or that the employer has knowledge of (violence, old elevators, etc.) Employer responsibilities under OSHA 1. Routine inspections of the workplace 2. Minimize and reduce hazards 3. Use color-coded posters or labels/signs to warn employees or potential hazards 4.Provide training to employees 5. Keep OSHA required records (Employers must document every accident or illness that occurs within a year, near misses, etc.) 6. Must provide access to employee medical and exposure records to employees or their authorized representatives. OSHA medical records are the property of employee and the company. Employee responsibilities under OSHA 1. Employees are required to adhere to the employer's safety and health regulations 2. Employees have the right to ask for safety on the job without punishment 3. If employee is discriminated or retaliated against for filing an OSHA complaint, OSHA may take the employer to court with no expense to the employee When OSHA inspectors come in, they have a right to walk into your business and demand to be shown around. They carry badges to identify themselves. They can stop and talk to the employees. You should get OSHA inspector's name, badge number, etc. What OSHA inspectors are looking for: 1. Imminent danger - broken railings, etc. 2. Catastrophic or fatal accidents (why, what happened, etc.) 3. Employee complaints 4. Programmed or scheduled high-hazard inspections 5. Follow-up inspections (after violations have been reports and a follow-up is needed) Types of citations: 1. Willful violations - employee knows it is a violation but still willfully violated it 2. Serious violation - employee should have known it was a violation cords, (electrical, etc.)
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3. Other than serious violations - employee leaves spilled water on the floor 4. Repeat violations Once an employer receives and OSHA voilation/citation, they have 15 days to appeal it. Employer can be penalized in monetary penalty if they lose the case. Abatement date can be demanded if you receive a citation. Second injury fund - a state law (under OSHA/Worker's comp) - a state agency which reimburses employers or their insurance carriers for part of the Worker's Compensation costs in certain instances when an employee with a pre-existing disability or injury is injured on the job. The purpose is to encourage employers to hire individuals that have had medical conditions. Existing medical conditions cannot put the employee at a greater risk. If employee has had a prior issue (back injury, etc.), you take the second injury questionnaire and submit it to Worker's Comp carrier. The state will reimburse you a portion of the Worker's Comp. Louisiana is a seond injury fund state Categories of injuries that fall under worker's comp: 1. Partial injury (one can still perform some work, but is somewhat disabled) 2. Total disability (not able to return to work) 3. Temporary disability (broken leg, particle in the eye) 4. Permanent disability (cannot work in any job at all - lost sight, brain damage, etc.) Employers have the right to put employee's under surveillance
Management 475 11/16/10 Affirmative Action is a goal to hire a certain amount of individuals based on race and gender, and have a Federal Government contract. If you have a Federal Government contract, then it must be in writing and have goals stated. This is to maintain equality in the workforce. There is an 80/20 rule, but they want it better than the 80/20 rule. If someone has been audited and has not met their goal, then the Government will require you to keep records of everything. Affirmative Action doesnt state monetary penalties if you do not meet your goals, then they look for patterns of discrimination then file with the EEOC, who may issue monetary penalties. Minorities include: females, racial groups, disabled individuals, and veterans. The goals that are set for businesses are based on the environment and populations such as an area that doesnt have Native Americans. An Affirmative Action plan is very extensive, because it requires so much research. Each location has a separate part of
Affirmative Action. Racial groups are American Indian/Alaskan Native, Asian, Black/African American, Native Hawaiian/other Pacific Islander, Whites, and two or more races. Hispanics are not considered a race, but an ethnic group. Hispanic/Latino or Hispanic/Non-Latino is how the ethnic groups are distinguished. The second section is for Veterans. 1. Disabled Veteran, 2. Other protected Veteran, 3. Medal Veteran, 4. Recently separated Veteran (within the last 3 years) If a business contracts with a business that has a Federal contract, then your company is subject to Affirmative Action as well for that contract. Unions were NLRB (National Labor Relations Board): Union organizations can be all or part of employees within a company. It gives participates that are unionized that pay union dues to the union a spoke person from the union who will negotiate with the employer on the employees behalf. A union grievance is where theres a disciplinary issue or complaint from an employee. It is completely different with filing to the EEOC. Union employees have the right to any representation to employer-employee representation. Scarlet
On Mon, Nov 29, 2010 at 5:49 PM, Rebecca Erin McCrory <[e-mail]> wrote: Hi Scarlet, this is Rebecca. Thank you very much for the notes. I was wondering if you are interested in having a study session between now and the final? I was thinking of sending an email out to everyone and seeing who might want to meet me at the library or at PJs tonight or tomorrow night? If you are interested, please let me know. My number is 985-507-1553. THANKS A MILLION!! Sincerely. Rebecca On Mon, Nov 29, 2010 at 5:29 PM, Scarlet Braddy <[e-mail]> wrote: Let me see if