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CU-Boulder BCOR 3000 - Final Exam Study Guide

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BCOR 3000 1nd Edition Exam # 4 Study Guide Lectures: 18-Chapter 24—Employment Law—Overview, Facts and TermsWhat is a job offer?– “We offer you a position as an entry level gopher/CEO for a starting salary of $98,000 per year, starting date August 15, 2014.”– What is this?—a job offer.– Most are offers for a unilateral contract, where the company promises to pay if you do the work, but that the arrangement can be cancelled at any time.What is the At-Will Doctrine?• Either party can end an employment arrangement at any time for any reason or no reason at all. The basic rule is still law, but there are many exceptions now. Often abused by employers. Today—the people who are hurt by this are most often employees. Reason—give works the legal right to get out of nightmare apprenticeships. However there are exceptions to this doctrine:1.) Specific contract—if specific, rights to quit or fire, are given up. Never can be forced to stay in a job with a specific contract. If you are, however, in a specific contract and quit you can be sued for damages. (Power vs. Rights—power meansyou CAN do it; right means you CAN do it without and consequences of damages.)2.) Policy manuals—a matter of interpretation;  Ex: The employee policy manual says if you are only late once or twice in the month no adverse employment action will take place, but the third time you are late you will lose your job. The company has stated that you WILL lose your job under this circumstance. All the employee manual says—if you are late 3 times you will be terminated.  The gray area question is—what will happen upon the first late arrival to work? All that this does is that it sets up the circumstances that you are fired on the 3rd late arrival. Being late the 1st and 2nd time nothing will happen…only on the 3rd time you are late. Automatic termination provisions—are straight forward to a point. But anything prior to the act for termination is up for debate.3.) Statements—“as long as you meet your sales quota you are safe from being fired”; this random statement protects employees as long as you meet it.What is the Fair Labor Standards Act?– This act has many regulations on hours of employment, working conditions, ages of workers, overtime, etc.Overtime Exceptions:1.) Professional Salary2.) Administrative Salary3.) Executive Salary4.) Computer ProgrammersFamily and Medical Leave Act– This act is used in companies with over 50 employees and is for employees who have been employed for 1 year and have worked at least 1,250 hour or more in the past 12 months.– Employees are allowed up to 12 weeks unpaid for absences such as: birth, care of child, placement of child (i.e. adoption), health, care of spouse/child/parent or call to military duty.Occupational Safety and Health Act– This was created to regulate safety in the workplace. This act acts as both an act (regulations) and as an administration. The administration side is in charge of developingand enforcing workplace safety.Worker’s Compensation• Ease of recovery for injured workers• Employer loses defenses:– Contributory negligence: if you are any % at fault you get nothing– Fellow servant doctrine: employee is injured by another employee—no recovery by employer.– Assumption of risk: the worker assumes risk, so if they are injured—too bad.• Exclusive Remedy—“ONLY”—everyone gets same recovery; can only recover injuries, notmedical bills that exceed the uniformity recovery for worker’s compensation; however you can recover from customers or co-workers if they injury you on the job, even thoughthe restaurant/employer did nothing, but nothing over the uniformity recovery of worker’s compensation.• Insurance-funded: make sure the money is there; it is the state who is the insurer; collect premiums and acts as insurance company; OR free market where employer can shop around and pick an insurer for their workers. Look at: 1) how dangerous 2) how many claims have been filed…to determine rates.• Prior to worker’s comp., you have to sue under negligence.• Worker’s Comp.—similar injuries get similar compensation• Not required to go to court—set up a faster streamline hearing process; this will reduce the legal costs of the whole system; the trouble is that when you make it a lot easier to get worker’s comp...you also make it easier for people to fake their injuries• In order to recover—the two main things you have to prove 1) injured on the job and 2) work-related.Social Security– This is more than a retirement and it is not a savings plan.– Survivor’s benefit– Benefit age rising to 67– Once retired, you get a monthly compensation that is based upon your history of work and salary.ERISA– Pension Plans– Employer Funded– Based off of complex formulas– Requirements:1.) Funding2.) Vesting3.) Reporting4.) Investing5.) ManagementEmployee Privacy Rights—this is an oxymoron. There are some protections. But businesses are allowed to monitor employee business communications. Employers have control and oversight for off-the-job conduct. Employers can use outside information against you.Chapter 25—Employment Discrimination—Overview, Key Terms and DefinitionsEqual Employment Opportunity Commission– This commission is the in between of an employer and the court system. The EEOC tries to resolve problems if they can. If discrimination has already occurred the EEOC can not do anything. If discriminative action is ongoing then the EEOC can get involved and help resolve the problems. If the EEOC does not take the case, the EEOC will issue a “right to sue” which means that the employee has the right to sue the employer. Without this letter the case would be dismissed.Title VII– A section of the Civil Rights Act of 1964– Covers “larger” employers– Protected Categories:1.) Race2.) Color3.) Origin4.) Sex5.) Religion– Disparate Treatment: an individual is discriminated against based on a protected category.– Disparate Impact: employment requirement appears neutral on its face, but discriminates against a group. Ex: 80% Rule Height/Weight Requirements Strength RequirementsEqual Pay Acts– Gender-based only– Requires equal pay for similar jobs in same company– Lilly Ledbetter Fair Pay Act 2009Constructive Discharge• Employee not actually fired• Employer makes working conditions “intolerable” so that employee has no choice but to


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CU-Boulder BCOR 3000 - Final Exam Study Guide

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