Nab Rcal Law|Updated&Verified|100% Solved|Guaranteed Success

Equal Pay Act of 1963 Enforced by EEOC. Prohibits discrimination in pay practices. Equal Pay for Equal Work. Title VII - Civil Rights Act of 1964 & 1991 Enforced by EEOC. Prohibits discrimination based on: Race, Sex, Religion, Color, National Origin. In a discrimination suit, the EMPLOYER must prove that discrimination was not a factor in a personnel decision. Age Discrimination Act Protects 40. Prohibits forcible retirement. OHSA Requires employers to enforce specific safety and health standards. ERISA Employers Retirement Income Securities Act of 1974. Requires minimum standards for retirement plan. Requires accountability of Plan Fiduciaries. ERISA Does not require employers to offer retirement plan. Guarantees payment of certain benefits if defined benefit is terminated through federally chartered corporation. IRCA Immigration Reform and Control Act. Enforced by Justice Dept. Requires employers to verify citizenship or legal status of employees. Provides basis for completion of I-9. i-9 verifies citizenship and qualification to work in US. IRCA - I-9 Form Must be completed within 3 days of hire. Calculation for Retaining I-9 Records Date the employee began work for pay 1. ________________________ A. Add three years to the date on line 1. A.______________________ 2. The date employment was terminated 2. _______________________ B. Add one year to the date on line 2. B. _____________________ 3. Which date is later; A or B? 3. _______________________ C. Enter the later date. C. _____________________ The employer must retain Form I-9 until the date on Line C. COBRA Consolidated Omnibus Reconciliation Act of 1986 (COBRA). Protects employees rights to access group rates for health and dental benefits upon the employees termination for any reason. The employer is not required to pay the premiums. ADA Asks if application can perform "essential functions" of the job with or without "reasonable accommodations." FLSA Fair Labor Standards Act. Enforced by the Dept. of Labor. Defines and regulates minimum wage, overtime pay, and meals/breaks. FLSA Requires nonexempt employees to be paid 1 1/2 times pay 40 hours. Employee cannot break up his or her unpaid 30 min. break. You can terminate an employee who continues to violate your overtime policy under this law. FLSA Requiring employees to arrive 15 min. early or stay 15 min. late for shift change without paying them is allowed under FLSA. False. Allowing employees to work through meals without paying them is allowed under FLSA. False. An employee paid by a resident to serve as a companion is allowed under FLSA. False. FLSA: Executive Exemption To Be Exempt, Employee Must: 1. Be paid at least $455/wk ($23,660/yr) 2. Must oversee at least 2 FTE 3. Manage community or Dept. as his/her primary duty 4. Have authority to hire/fire employees or make recommendations on such matters. FLSA: Administrative Exemption To Be Exempt, Employee Must: 1. Be paid at least $455/wk ($23,660/yr) 2. Primarily do office/non-manual work related to mgt or admin. functions. There is no supervisory requirement. 3. Have authority to make decisions in matters where discretion and judgment are necessary. FLSA: Learned Professional Exemption To Be Exempt, Employee Must: 1. Be paid at least $455/wk ($23,660/yr) 2. Perform intellectual work as primary duty 3. Have a degree in science or learning or equivalent. RN's are general exempt under this provision. LPN's are not considered exempt under FSLA Learned Professional Exemption True. FMLA Family Medical Leave Act. Allows qualified employees to take temporary unpaid leave from work. Job remains open. Benefits are protected. FMLA Eligibility Requirements: 1. 12 months employment 2. Worked a minimum of 1250 hours during 12 mos. period 3. Submit 30 day notice Provides for 12 weeks unpaid leave All employers, regardless of size, must post OSHA Form 300A True. "Summary of Work-Related Inquiries and Illnesses" Dates OSHA Form 300A is posted Feb. 1 to April 30 30 Years. Period of time MSDS's for products no longer in use in RC/AL facility must be retained in separate binder. OSHA reporting requirements generally apply to an employer with this many employees EXCEPT for the OSHA posting requirement. 11 or more.