7 Employment Law Free Online FlashCards

What determines whether a worker is an employee or independent contractor?

A contract or paycheck label alone does not determine classification; the real working relationship and the applicable law’s test matter.

What kind of joint workplace activity can the NLRA protect?

The National Labor Relations Act protects many private-sector employees who act together to improve wages or working conditions, even if they are not union members.

Which age group does federal age-discrimination law protect?

Federal age-discrimination law protects people age 40 and older.

When can workplace harassment meet the federal legal standard?

Harassment may be unlawful when enduring the conduct becomes a condition of employment or when it is sufficiently severe or pervasive to create a hostile work environment.

What is a reasonable accommodation?

A reasonable accommodation is a workplace change that lets a qualified person meet job requirements, unless it would impose an undue hardship.

What minimum-wage rule applies when state or local law sets a higher rate?

The federal minimum wage is $7.25 per hour. If a higher state or local minimum applies, the worker generally must receive the higher applicable rate.

What limit applies to an employer’s at-will termination decision?

At-will employment generally allows either party to end the relationship, absent a contract or other exception, but it does not allow termination for an illegal reason such as discrimination or retaliation.

What is the first step in analyzing an employment-law problem?

Start by identifying the jurisdiction and applicable law, since federal, state, and local rules may differ.

What classification approach does the FLSA use?

The FLSA focuses on the economic realities of the working relationship. Different laws may use different classification tests.

What workplace condition does the OSH Act generally require covered employers to provide?

The Occupational Safety and Health Act generally requires covered employers to provide a workplace free from recognized serious hazards.

What does an employment-law anti-retaliation rule generally prohibit?

Employers generally may not punish workers for legally protected activity, such as reporting discrimination, participating in an investigation, or raising certain safety concerns.

What federal overtime rate generally applies to covered, nonexempt employees?

Covered, nonexempt employees generally receive at least one and one-half times their regular rate for hours worked over 40 in a workweek.