Employment at Will
A common law doctrine under which either party may terminate an employment relationship at any time for any reason, unless a contract specifies otherwise
Wrongful Discharge
A legal action taken by a former employee against a previous employer, alleging that the discharge was in violation of state or federal antidiscrimination laws, public policy, or an implied contract, agreement, or written promise.
Just Cause
Reasonable justification for terminating an employee
Public Policy
The common law concept of wrongful discharge when the employee has acted for the common good.
Discrimination
Prejudicial behavior targeted at individuals or groups and intended to hold them apart and treat them differently.
CLIA
Clinical Laboratory Improvement Act (Amendment) 1988. Regulates lab quality standards. Establishes minimum standards for lab tests. Why control tests are necessary.
Affirmative Action
A policy designed to redress past discrimination against women and minority groups through measures to improve their economic and educational opportunities. Uses goals and quotas
OSHA
1970 Occupation Safety and Health Administration: A government organization whose mission is to assure the safety and health of America's workers by setting and enforcing standards; providing training, outreach, and education; establishing partnerships; a
HCS
Hazard Communication Standard. An OSHA standard intended to increase health care practitioners awareness of risk , improve work practices and appropriate use of personal protective equipment and reduce injuries and illnesses in the workplace.
Right-to-know laws
State laws that allow employees access to information about toxic or hazardous substances, employer duties, employee rights, and other workplace health and safety issues.
Falls under OSHA Hazard Communication Standard (HCS)
General Duty Clause
A section of the hazard communication standard stating that any equipment that may pose a health risk must be specified as a hazard in the workplace.
Falls under OSHA Hazard Communication Standard (HCS)
Chemical Hygiene Plan
The Standard for Occupational Exposures to Hazardous Chemicals in Laboratories, which clarifies the handling of hazardous chemicals in medical laboratories.
Falls under OSHA Hazard Communication Standard (HCS)
Occupational Exposure to Bloodborne Pathogen Standard
An OSHA regulation designed to protect healthcare workers fro the risk of exposure to bloodborne pathogens.
Medical Waste Tracking Act
The federal law that authorizes OSHA to inspect hazardous medical wastes and to cite offices for unsafe or unhealthy practices regarding these wastes.
Worker's Compensation
A form of insurance established by federal and state statutes that provides reimbursement for workers who are injured on the job
Surety Bond
A type of insurance that allows employers, if covered, to collect up to the specified amount of the bond if an employee embezzles or absconds with business funds
Sexual Harassment
A form of sex discrimination that involves unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature
Quid Pro Quo
Something given with the expectation of receiving something in return.
Wagner Act of 1935
First antidiscrimination act which act makes it illegal to discriminate in hiring or firing because of union membership
Civil Rights Act of 1964
1964; banned discrimination in public accommodations, prohibited discrimination in any federally assisted program, outlawed discrimination in most employment; enlarged federal powers to protect voting rights and to speed school desegregation; this and the
Social Security Act
(FDR) 1935, guaranteed retirement payments for enrolled workers beginning at age 65; set up federal-state system of unemployment insurance and care for dependent mothers and children, the handicapped, and public health
Answer: Fair Labor Standards Act
Employees of a hospital earning less than $23,600 per year are guaranteed overtime protection under what law?
What industries does OSHA govern
General Industry
Maritime
Construction
Agriculture
OSHA Inspection Priorities (know this)
1st Imminent Danger situations
2nd Investigation of fatalities and accidents r3esulting in death or hospitalization of three or more employees.
3rd formal employee complaints of unsafe working conditions
4th Programmed inspections aimed at specific high h
Where can you find OSHA standards? (know this)
Federal Register
Title VII of the Civil Rights Act of 1964
Employers cannot discriminate on the basis of color, race, gender, or nationality origin. Applies if you have 15 or more workers working at least 20 weeks/yr
Age Discrimination in Employment Act of 1967 (ADEA)
Act that prohibits discrimination in employment for persons age 40 and over and restricts mandatory retirement. Applies to companies with more than 20 employees working at lease 20 weeks/yr
Rehabilitation Act of 1973
Employers with federal with contracts of $2500 or more. Prohibits discrimination n employment practices based on disabilities,
Pregnancy Discrimination Act 1976
Act that prohibits discrimination on the basis of pregnancy, childbirth, or related medical conditions.
OSHA Health Standards (know this)
1. Hazard Communication Standard (HCS)
- Written hazard communication program
- Material safety data sheet
- General duty Clause (equipment
- Medical Waste Tracking Act
2. Chemical Hygiene Plan Standard
3. Occupational Exposure to Bloodborne Pathogen Stan
Americans with Disabilities Act Titles I and V
Bans discrimination and equal access for employees of all employers with 15 or more employees working at least 120 weeks during the year.
Material Safety Data Sheet (MSDS)
Information compiled by the manufacturer about product safety, including the names of hazardous ingredients, safe handling and use procedures, precautions to reduce the risk of accidental harm or overexposure, and flammability warnings.
Civil Rights Act of 1991
This act provided two new benefits for employees who prove discrimination.
1. Employees ay collect punitive damages
2. Employees may collect damages for emotional distress
Needle Stick Safety and Prevention Act
part of the bloodborne pathogen standard.
Employers must have a sharps injury log that must contain the type and brand of device involved in the incident, department or work area where incident occurred, and explanation of incident. Employers have to prov
CDC
(Centers for Disease Control and Prevention) It is a government agency under the Department of health and Human Services (HHS) that issues information to protect the health of individuals and communities.
True False
CDC makes recommendations and OSHA enforces those recommendations.
True
Genetic Information Nondiscrimination Act of 2008 (GINA)
Prohibits health insurers from using genetic information to make decisions about health insurance coverage and rates. Also prevents employers from using genetic information in employment decisions and prohibits health insurers and employers from asking or
Lilly Ledbetter Fair Pay Act of 2009
Act that creates a rolling time frame for filing wage discrimination claims and expands plaintiff field beyond employee who was discriminated against.
Suit was against Goodyear Tire and Rubber
Fair Labor Standards Act
this (1935) act gave workers the right to join labor unions. A minimum wage was established, and the maximum hours that one could work and child labor laws.
Equal Pay Act of 1963
Legislation that requires employers to pay men and women equal pay for equal work. An amendment to the Fair Labor Standards Act
Employee Retirement Income Security Act of 1974 (ERISA)
Federal law, to protect employees' retirement benefits from mismanagement (must be 21, and 1 year of service). After 3 years you are 100% vested with the company.
Family Medical Leave Act of 1991 (FMLA)
Requires employers with 50 or more employees within a 75 mile radius who work more than 25 hours per week and who have been employed more than 1 year to provide up to 12 work weeks of unpaid leave, during any 12 month period, to provide care for a family
In employment at will who can terminate employment
The employer and employee