Employment Law: a Quickstudy Digital Law Reference

By John Sanchez

Essential core of employment law in a digital guide. Authored and designed to understand the significance of details within the larger scheme of the law and to review before the Bar Exam. Review for exams, find facts fast, refresh memory, or constantly reinforce your knowledge base. With the mass of knowledge needed for a law degree and for practicing, a trusted reference source is rarely found at this price that works so well. Lamination ensures the guide will last a lifetime through school and beyond. Law students, lawyers and paralegals have agreed QuickStudy law guides are a must-have.
digital guide includes:

• Labor Issues: Fair Practices & Employee Safety & Protection
  • Fair Labor Standards Act
  • Employee Polygraph Protection Act
  • National Labor Relations Act
  • Occupational Safety & Health Act
  • Federal Unemployment Compensation Act
  • Worker Adjustment & Retraining Notification Act
  • Workers’ Compensation
  • Social Security Disability
  • Whistleblower Statutes
  • Termination of Employment
• Health Issues: Benefits & Rights
  • Comprehensive Omnibus Budget Reconciliation Act
  • Health Insurance Portability & Accountability Act
  • Family Medicine Leave Act
• Fair Treatment & Protected Classes
  • Discrimination
  • Immigration Reform & Control Act
  • Veterans’ Preference Laws
• Public Sector: Specific Rules & Regulations
• Retirement Issues
  • Employee Retirement Income Security Act
  • Old Age Security Pension Benefits
  • Retiree Health Care
• Employer Protection
  • Employment Related Torts
  • Bankruptcy

• Language: English
• Publisher: BarCharts, Inc.
• Release date: Jul 1, 2019
• ISBN: 9781423243267

Book preview

Table of Contents

Labor Issues: Fair Practices & Employee Safety & Protection

Health Issues: Benefits & Rights

Fair Treatment & Protected Classes

Public Sector: Specific Rules & Regulations

Retirement Issues

Employer Protection

Labor Issues: Fair Practices & Employee Safety & Protection

Fair Labor Standards Act (FLSA)

[29 U.S.C. §§201–219]

Covers both public and private sectors; weak preemptive effect on state laws

Coverage

All employers engaged in commerce [§203(s); U.S. v. Darby]

Factors: Dollar volume of business for some

Extension to public sector upheld [Garcia v. San Antonio]

All public hospitals, schools, and public agencies are covered

Compensatory time off in lieu of overtime at time-and-one-half rate

States’ 11th A. immunity from suits for money damages [Alden v. ME]

Definition of employee: Any individual employed by an employer [§203(e)(1)]; economic reality test [Rutherford Food Corp. v. McComb]:

Employer’s right to control manner in which work is performed

Employee’s opportunity for loss or profit

Employee’s investment in equipment

Special skills

Permanence of working relationship

Whether work performed is an integral part of employer’s business

Workers who are not covered are independent contractors and prisoners (not per se excluded)

Subjects not covered by FLSA

Vacation, holiday, severance, or sick pay

Meal or rest breaks and premium pay for weekend or holiday work

The number of hours in a day or days in a week an employee may have to work (assuming worker is 16 or older)

Minimum wage and overtime standards [§§201–219]

Identify employees’ workweek and gross amount of pay

Calculate number of hours worked during that week

Split gross pay into 3 parts: nonwage items (e.g., bonuses) [§7(e) (1)–(3b)]; premium pay [§7(e)(5)–(7)]; and basic straight-time pay

For employees paid monthly or semimonthly, multiply monthly pay by 12 (or semimonthly by 24) and divide the result by 52

Exemptions from overtime pay

Seasonal workers, babysitters, and some journalists

Five exempt categories, as of 2004 regulations [29 C.F.R. §541]: Executive, administrative (but police, firefighters, and emergency medical technicians continue to get overtime), professional, com­puter, and outside sales; pharmaceutical sales representatives are FLSA exempt as outside salesmen [Christopher v. SmithKline Beecham Corp.]; service advisors are not covered by exemption overrules [Encino Motorcars, LLC f. Navaro]

Three-part test for exempt status: Salary limit test ($23,660 per year are nonexempt; over $100,000 are presumptively exempt), salary basis test, and duties test

Compensable hours

Time spent on key job duties plus incidental duties integral to job; time spent undergoing security screenings is not compen­sable [Integrity Staffing Solutions v. Busk]

Portal-to-Portal Act excludes preliminary and postliminary (waiting to be engaged) activity; 2010 labor regulation states time spent don­ning and doffing protective equipment compensable

Postdonning and predoffing walking time is compensable [IBP, Inc. v. Alvarez]; experts can show hours worked donning and doffing in FLSA class action suits [Tyson Foods, Inc. v. Bouaphakeo]; time spent donning and doffing protective gear is not compensable where collective bargaining agreement so provides [Sandifer v. United States Steel Corp.]

Meal times over 2 hours are noncompensable; employers must afford working mothers reasonable break time to express breast milk for 1 year after child’s birth [§4207 of the Patient Protection and Affordable Care Act (PPACA)]

Commuting time