LGS 200 CORE MAIN QUESTIONS AND ANSWERS
SURE A+
✔✔Sexual harassment types - ✔✔lewd remarks, touching, intimidation, posting of
indecent materials, and other verbal or physical conduct of a sexual nature that occurs
on the job.
- Hostile Environment (employee feels they have no choice but to endure the behavior)
- Pro Quo (tangible or economic loss for not going along with the sexual harassment)
✔✔Affirmative Action plans - ✔✔Provides that certain job preferences will be given to
members of minority racial and ethnic groups, females, and other other protected-class
applicants when making employment decisions, to over overcome past effects of
discrimination
✔✔Workers compensation statutes - ✔✔Compensate workers and their families when
workers are injured in connection with their jobs
- Worker files claim with state agency
- Benefits vary by state; paid according to present limits established by statute or
regulation
- To recover under workers' compensation, the worker's injuries must have been
employment-related
✔✔OSHA (Occupational Safety and Health Act) - ✔✔- Enacted to promote safety in the
workplace
- Virtually all private employers are within the scope of the act
- Federal, state, and local governments are exempt
- Imposes record keeping and reporting requirements on employers
- Employers are required to post notices in the workplace informing employees of their
rights under this act
- this federal administrative agency is empowered to administer the act and adopt rules
and regulations to interpret and enforce it
- Empowered to inspect places of employment for health hazards and safety violations
, ✔✔Kelley vs. Coca-Cola Enterprises - ✔✔Workers' compensation case. Kelley was
injured during horseplay at a company team-building event. The court ruled that Kelley
was entitled to workers' compensation benefits because he was injured in horseplay
commonly carried on by the employees with the knowledge of consent of the employer.
Neck was injured.
✔✔COBRA (Consolidated Omnibus Budget Reconciliation Act) - ✔✔A federal law that
permits employees and their beneficiaries to continue their group HEALTH insurance
after an employee's employment has ended for at least 18 months.
✔✔ERISA (Employee Retirement Income Security Act) - ✔✔Applies to employee
offered pension plans. A federal act designed to prevent fraud and other abuses
associated with private pension funds, over their shoulder.
- record-keeping and disclosure requirements
- requirements for vesting
- no more than10% of assets can be invested in securities of the sponsoring employer
✔✔Family Medical Leave Act - ✔✔- Applies to private employers with 50 or more
workers; federal, state, and local government workers
- Employee must have worked for employer for at least one year
- Employee must have performed 1,250 hours of work in previous 12-month period
- Provides up to 12 weeks of unpaid leave for: birth of child, placement of child for
adoption or foster care, serious health condition, care for spouse, child, or parent with
serious health condition
- Employee must be restored to same or equivalent position upon return
✔✔Bailments - ✔✔Owner of personal property (bailor) transfers the property to another
(bailee) to be held, stored, delivered, or for some other purpose
Title to property not transfered
Example: Warehouse or trucking company holds property
✔✔Duty owed by bailor / bailee - ✔✔Bailee cares for property as favor
Bailee asks to use bailor's property for personal reasons
Bailee has exclusive control over the personal property
✔✔Ziva Jewelry v. Car Wash Headquarters - ✔✔Smith worked for Ziva Jewelry and
traveled with $850,000 worth of jewelry in trunk. Went through car wash and car was
stolen. Not forseeable, no "specialized knowledge", criminal conduct must have been
probability. CWH had no duty to protect Ziva Jewelry; CWH won. CWH not liable under
negligence theory. Alabama didn't see a bailment in regard to the jewelry but only to the
car.
✔✔Lost, mislaid, or abandoned property - ✔✔Mislaid property
- Owner voluntarily places property somewhere and then inadvertently forgets it. The
owner is entitled to it until he gets it.
SURE A+
✔✔Sexual harassment types - ✔✔lewd remarks, touching, intimidation, posting of
indecent materials, and other verbal or physical conduct of a sexual nature that occurs
on the job.
- Hostile Environment (employee feels they have no choice but to endure the behavior)
- Pro Quo (tangible or economic loss for not going along with the sexual harassment)
✔✔Affirmative Action plans - ✔✔Provides that certain job preferences will be given to
members of minority racial and ethnic groups, females, and other other protected-class
applicants when making employment decisions, to over overcome past effects of
discrimination
✔✔Workers compensation statutes - ✔✔Compensate workers and their families when
workers are injured in connection with their jobs
- Worker files claim with state agency
- Benefits vary by state; paid according to present limits established by statute or
regulation
- To recover under workers' compensation, the worker's injuries must have been
employment-related
✔✔OSHA (Occupational Safety and Health Act) - ✔✔- Enacted to promote safety in the
workplace
- Virtually all private employers are within the scope of the act
- Federal, state, and local governments are exempt
- Imposes record keeping and reporting requirements on employers
- Employers are required to post notices in the workplace informing employees of their
rights under this act
- this federal administrative agency is empowered to administer the act and adopt rules
and regulations to interpret and enforce it
- Empowered to inspect places of employment for health hazards and safety violations
, ✔✔Kelley vs. Coca-Cola Enterprises - ✔✔Workers' compensation case. Kelley was
injured during horseplay at a company team-building event. The court ruled that Kelley
was entitled to workers' compensation benefits because he was injured in horseplay
commonly carried on by the employees with the knowledge of consent of the employer.
Neck was injured.
✔✔COBRA (Consolidated Omnibus Budget Reconciliation Act) - ✔✔A federal law that
permits employees and their beneficiaries to continue their group HEALTH insurance
after an employee's employment has ended for at least 18 months.
✔✔ERISA (Employee Retirement Income Security Act) - ✔✔Applies to employee
offered pension plans. A federal act designed to prevent fraud and other abuses
associated with private pension funds, over their shoulder.
- record-keeping and disclosure requirements
- requirements for vesting
- no more than10% of assets can be invested in securities of the sponsoring employer
✔✔Family Medical Leave Act - ✔✔- Applies to private employers with 50 or more
workers; federal, state, and local government workers
- Employee must have worked for employer for at least one year
- Employee must have performed 1,250 hours of work in previous 12-month period
- Provides up to 12 weeks of unpaid leave for: birth of child, placement of child for
adoption or foster care, serious health condition, care for spouse, child, or parent with
serious health condition
- Employee must be restored to same or equivalent position upon return
✔✔Bailments - ✔✔Owner of personal property (bailor) transfers the property to another
(bailee) to be held, stored, delivered, or for some other purpose
Title to property not transfered
Example: Warehouse or trucking company holds property
✔✔Duty owed by bailor / bailee - ✔✔Bailee cares for property as favor
Bailee asks to use bailor's property for personal reasons
Bailee has exclusive control over the personal property
✔✔Ziva Jewelry v. Car Wash Headquarters - ✔✔Smith worked for Ziva Jewelry and
traveled with $850,000 worth of jewelry in trunk. Went through car wash and car was
stolen. Not forseeable, no "specialized knowledge", criminal conduct must have been
probability. CWH had no duty to protect Ziva Jewelry; CWH won. CWH not liable under
negligence theory. Alabama didn't see a bailment in regard to the jewelry but only to the
car.
✔✔Lost, mislaid, or abandoned property - ✔✔Mislaid property
- Owner voluntarily places property somewhere and then inadvertently forgets it. The
owner is entitled to it until he gets it.
