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Fair Labor Standards Act (FLSA), EEOC claim, HIPAA, COBRA

Under the Department of Labor's 'pay docking rule':

Wages withheld for disciplinary purposes are not counted as compensation when determining compliance with minimum wage and overtime requirements.

It violates the FLSA for employers to make deductions from the pay of salaried employees for partial day absences.

Certain deductions from the pay of salaried employees can lead to the finding that these employees are non-exempt.

Wages of exempt employees may be subject to reduction based on variations in quantity or quality of work.

As the new Assistant Human Resources Manager, you now have access to the salaries of all of the staff at your firm and discover that the sole female salesperson on the staff is being paid significantly less than her male counterparts, although she has the same educational background and experience. Within about 6 months, you are to replace the current Human Resources Manager, an 'old schoo' kind of fellow who is retiring. However, because you are newly hired, you are reluctant to 'make waves'. Considering your duties and the protection of your career, which of the following options would NOT be advisable?

Tell the current 'old school' HR Manager that the lower salary of the female salesperson is illegal and that he must immediately raise her pay or you will tell the salesperson that she should file an EEOC claim.

Ask the current HR Manager if he is aware that the female salesperson is receiving a lower salary for the same work, which could cause a claim to be filed against the firm, and ask what he thinks should be done.

Do and say nothing yet, awaiting the day when you assume the role of HR Manager, and then take steps to raise the saleswoman's pay to compare with that of her male colleagues, without telling her why.

Write an anonymous note to the current HR Manager and advise him that there is a possible discrepancy and recommend that it be reviewed.

In the U.S., more and more workers are working:

around the clock.
off the clock.
on the clock.
through the clock.

Which of the following is one of HIPAA's requirements regarding pre-existing condition exclusions in group health plans?

Exclusionary periods can last no longer than 6 months

Exclusionary periods must be reduced by any periods of prior coverage under a group health plan, as long as the break in coverage was no more than 63 days

Certificates of creditable coverage are used to document that employees have pre-existing conditions to which exclusionary periods would apply

Prior coverage under a group health plan does not include any period of continuation coverage under COBRA

In Vehar v. Cole National Group, plaintiff Wendy Vehar, a computer programmer, alleged pay discrimination by Cole - comparing her pay to that of her male colleagues, also programmers, who earned about 20% more for similar work. Cole countered that the reason for their higher pay was their greater experience. The appellate court ruled:

For Vehar, reversing the lower court's grant of summary judgment in favor of Cole, stating that a reasonable jury could find that sex played a role in determining Vehar's wage.

For Vehar, ruling that sex discrimination in pay had been proven conclusively.

For Cole, on the grounds that the greater experience of Vehar's male colleagues was sufficient to establish a legitimate, non-discriminatory reason for paying Vehar less.

For Cole, affirming summary judgment in its favor because no sex discrimination in pay had been proven.

Which of the following is among the things that must be shown in order for two jobs to be considered 'equal work'?
(Be sure to look this up)

They must have the same or very similar job titles.
The jobs must be of comparable worth to the employer.
There must be substantial overlap in the duties and tasks performed.
They must have the same or vary pay rates.

The maximum number of hours that an employee can work in a workweek under the Fair Labor Standards Act is:

not limited for employees 16 years of age and over
limited to forty hours per week for employees under 16 years of age while school is in session
not limited for employees 16 years and over, but it must equal no more than 40 hours a week when averaged across any two work weeks
limited to 50 hours per week for employees who are non-exempt, but there is no limit for exempt managers and professionals.

In Martin v. Indiana Michigan Power Company, the court discussed how a computer employee's rate of pay may be considered as a factor in determining whether the employee is considered an exempt or non-exempt employee. To be exempt, the court said:

the employee must be paid a set salary and not an hourly rate.
if the employee is paid an hourly rate, that rate must be at least 6 ½ times the minimum wage.
if the employee is paid a set salary, that salary must be equal to $500.00 a week or more.
the language of the employment contract was controlling and that salary or wages was not a factor that should be considered.

The Pregnancy Discrimination Act provides for each of the following except:

health plans must cover expenses for pregnancy-related medical care on the same basis as for other medical conditions
because of the extreme costs and because men do not afford themselves of pregnancy benefits, larger deductibles or co-pays may be charged
both married and unmarried employees must be covered
the same level of coverage must be provided for the spouses of male employees as is provided for the spouses of female employees

Under the Fair Labor Standards Act, a "workweek":

is any fixed and reoccurring period of 5 consecutive days
is any fixed and reoccurring period of 7 consecutive days
is the same as a calendar week
includes all the days during a calendar week on which any work is performed

Solution Preview

Question 1
Under the Department of Labor's "pay docking rule"
Answer: certain deductions from the pay of salaried employees can lead to the finding that these employees are non-exempt.

Question 2
As the new Assistant Human Resources Manager, you now have access to the salaries of all of the staff at your firm and discover that the sole female salesperson on the staff is being paid significantly less than her male counterparts, although she has the same educational background and experience. Within about 6 months, you are to replace the current Human Resources Manager, an "old school" kind of fellow who is retiring. However, because you are newly hired, you are reluctant to "make waves." Considering your duties and the protection of ...

Solution Summary

Fair labor standards act, EEOC claim, HIPAA and COBRA are examined.

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