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Ch. 20 Employment Environment LSTD

Employer-sponsored health plans and private pension plans are critical components of income security. Health plans must adhere to HIPAA regulations, ensuring privacy and limiting exclusions for preexisting conditions.

Ch. 20  Employment Environment LSTD

Ch. 20 : Employment Relationship

Employee Privacy Rights

Other types
AIDS and HIV

American Disabilities Act

Drug testing

Private

Some norms

Public Employers

Public safety issues

Lie Detector tests

Not allowed

Electronic Monitoring in Workplace
Electorinc Communications Privacy Act

Use in business course

No Privacy issues
Employer Informs

Income Security, Pension, and Health Plans

Employer-Sponsored Group Health Plans
HIPAA

Requirements for Insurance

Reponsabilities

Collect info

Privacy

Employees given credit for previous health coverage

Limit exclusion

Preexisting condition

med treatment within 6 months

COBRA
Procedures

Employee pays premiums for continued coverage and administrative fees

Employer has no further obligation

18 more months of coverage

Employee has 60 days to decide to continue with the plan or not

Employer Notifies of COBRA to the Employee

Employers with 20 or more

Gives employee right to continue the group health benefits for a litmited time

Former SPouses and children

Spouses

Lost job

Not eligible for group health-insurance plans

Unemployment Compensation
Federal unemployment tax act

FUTA

Worker willing to work, actively seeking work

Private Pension Plans
Employee Retirement Income Security Act

ERISA

Retirments plans by employers

Medicare
Financed

Employers and Employees

Some disable under 65
65 years or older
Social Security Act
FICA

Help pay benefits for retirement

Employer and Employee

Provides

Old age survivors and disability insurance

OASDI

Insurance programs to protect from
Unemployment
Hospitalization
Disability
Retirement

Wage and hour laws

Fair Labor Standards Act
Hours and Wage

More than 40 hours

Exemptions

Does not apply to

Police

firefighters

Workers who perform repetitive tasks

Manual workers

hours done - 40

Paid 1.5 times the regular pay

7.25 per hour (2009)

Child Labor

18

None of the above

16

No time limit

14-15

No more than 8 hours in normal day

No more than 3 hours in school day

Not hazardous occupations

Under 14

Work for their parents

Deliver newspapers

Extend wage-hour requirements

Cover all employers involved in interstate commerce

Walsh-Healey Act
Federal Government
1.5 times regular pay

Overtime

Minimum wage
Davis-Bacon Act
Prevailing wages

Government contruction projects

Contractors or subcontractors

Family and Medical Leave

FMLA
Remedies

Promotion

Job Reinstatement

Damages for lost benefits, Denied compensation, monetary losses

Up to employees wage for 12 weeks

Coverage and Application

Employer with 50 or more

New people and part time are not covered

same position or comparable position

Except

Key Employee

Top 10 percent pay

continue health-care coverage

12 weeks of unpaid family or medical leave

Time off Work

Worker Health and Sagety

State workers' compensation Laws
Disadvantages

Cannon sue after accepting workers' compensation

Advantages

No common law defenses of

Assumption of risk

Contributory negligence

Requirements

Employees notify

Agency

workers' compensation claim

60 to 2 years

Employer

Injury promptly

30 days

Employment relationship

Injured

Accidental on the job in the course of employment

Minors

Included

Domestic, agricultural,temporal, common carriers

Excluded

Administrative procedure for compensating workers injured on the job
The occupational Safety and Health Act
Procedures and violations

Report OSHA

48 hrs to do so

Accident

5 or more employees on it

Death

Injury

Employers with 11 or more

Injury and illness records

Enforcement agencies

3

OSHA

Occupational safety and health administration

Make inspections

Promulge standards

Occupational Safety and Health Review comission

Appeal form actions of the OSHA

The National Institute for Occupational Safety and Health

Research health problems

Specific standards
Safe workplaces

Employment at will

Wrongful Discharge
No violation of employment contract or statutory law

Common law

Discharge contract
Exceptions

Public Policy

Refuse to enter criminal acts

Statutes

Tort theory

Defamation

Infliction of emotional distress

Fraud

Promise believed by the employee and not completed by the employer

Contract theory

Implied contract, fire in different terms

Arbitrarism

Good Faith

Oral Premises

Bulletin