Employment Law and Labor Relations: A Comprehensive Guide, Exams of Law

Download Employment Law and Labor Relations: A Comprehensive Guide and more Exams Law in PDF only on Docsity! D352-C33 EMPLOYMENT LAW OVER ALL STUDY VOCABULARY, LAWS AND UNIONS-Answered. Disability defined - Correct answer 1. A physical or mental impairment that substantially limits one or more major life activities 2. A record of such impairment 3. Being perceived as having such an impairment "Key Employee" defined by FMLA - Correct answer a salaried, FMLA-eligible employee who is among the highest paid 10 percent of all the employees employed by the employer within 75 miles of the employee's worksite. Agency - Correct answer is a contract relationship (a legally binding agreement) between a principal and an agent whereby the principal, expressly or implicitly, authorizes the agent to work on his or her behalf and with the power to bind the principal. Appropriation of Image of Likeness - Correct answer a type of tort in which an employer uses the name, image, or likeness of an employee for commercial purposes in a way that is not described in the job description. Assumption of Risk - Correct answer the worker knew and accepted the risk of potential injury. Authorization cards - Correct answer individual forms in which a worker states a wish to be represented by the union - as evidence of employee support. Bargaining unit - Correct answer a group of workers represented by a union in collective bargaining. Bona Fide Occupational Qualification (BFOQ) - Correct answer a reasonable employment qualification that an employer is allowed to consider when making decisions about hiring and retaining employees. Breach of Duty - Correct answer failure to use the degree of care required under the circumstances. Defamation, retaliation, and negligent referral Business necessity - Correct answer a work-related practice that is necessary to the safe and efficient operation of an organization. Sometimes requires plant closures or layoffs Closed shop - Correct answer an illegal requirement that an employee be a union member. Collective bargaining - Correct answer the negotiation process between unions and employers. Page 1 of 10 Compensatory Time under FLSA - Correct answer an option for public employers to allow time off for employees instead of payment. Compliance Requirement under OSHA - Correct answer a mandate that all employers comply with all safety and health requirements issued by the Department of Labor. Concerted Activity under NLRA - Correct answer any effort by employees to join together to seek improvement in working conditions. Contributory Negligence - Correct answer an employer defense that an employee's errant conduct contributed to a workplace injury. Defamation - Correct answer communicating false statements that harm a person's reputation. Defined Benefit Plan - Correct answer provides for a fixed amount payment upon retirement. Defined Contribution Plan - Correct answer a type of pension plan in which an employer sets aside a certain amount each year for the employee, to be distributed upon retirement. Dual purpose mission - Correct answer Occurs when an employee conducts personal and work business at the same time; subjecting the employer to liability for the employee's actions Due Diligence - Correct answer Reasonable steps taken by an employer to ensure that applicants are eligible to be hired. Due process - Correct answer notice and an opportunity to be heard - prior to any union discipline. Duty to bargain in good faith - Correct answer includes an affirmative obligation to supply the union with information that is "relevant and necessary" for the union to bargain intelligently and effectively, and failure to do so is considered an unfair labor practice. Employer - Correct answer one who employs the services of others in exchange for wages. E-verify - Correct answer an online tool administered through the U.S. Citizenship and Immigration Services (USCIS) and used by employers to verify the validity of documents presented by new hires. Exempt Employee - Correct answer Employees who are fully or partially free from FLSA provisions. Fellow Servant Rule - Correct answer an employer defense that another employee, not the employer, caused a workplace injury. Page 2 of 10 Retaliation - Correct answer include demotion, discipline, firing, salary reduction, negative evaluation, excessive supervision, undesirable assignments or transfers, or a change in shift assignment. Reverse Discrimination - Correct answer Discrimination that occurs when an employer, acting under an affirmative action plan, favors one race or gender in an employment decision. Right to work laws - Correct answer Laws that give employees the option to not join a union. Scope of employment - Correct answer Employee conduct that is reasonably relative to a job description. Serious health condition under FMLA - Correct answer an incapacitating illness, injury, or impairment that requires overnight care or continuing treatment from a health care provider. Supremacy Clause - Correct answer it establishes that the federal constitution, and federal law generally, take precedence over state laws, and even state constitutions. Tort - Correct answer a civil wrong which causes someone harm. Undue Hardship - Correct answer an accommodation to the work environment that places a significant burden or expense on the employer. Unfair labor practice under NLRA - Correct answer Action by an employer or a union that restrains or coerces employees from exercising their rights to organize and bargain collectively or to refrain from doing so. Vesting (in terms of pension plans) - Correct answer the conveying of an employee's rights to benefits or contributions after a certain amount of time. Vicarious liability - Correct answer a form of secondary liability that comes from the doctrine of respondent superior - "let the master answer for the servant". Wildcat strike - Correct answer a strike by a portion of workers that is not authorized by the union. Worker's Compensation - Correct answer a form of insurance that provides wage replacement and medical benefits for employees injured while at work in exchange for relinquishment of the right to sue the employer for negligence. Workweek defined in FLSA - Correct answer any consecutive seven-day period. Yellow dog contract - Correct answer a document whereby an employee agrees not to organize or join a union. Page 5 of 10 Forms of retaliation - Correct answer 1) the employee engages in a protected activity; 2) the employee suffers some adverse employment action; and 3) there is a nexus - causal link - between the adverse employment action and the employee's protected activity. Title VII of the Civil Rights Act of 1964 - Correct answer coverage type: ALL SIZE: 15 Who: Protected classes based on race, color, sex, religion, and national origin Main Provision: 1.) Illegal to discriminate in all employment related decisions against the protected classes. Created EEOC Allow for BFOQ Establishes criteria for Disparate Impact/Disparate Treatment Whistleblower provision/prohibits retaliation Remedies and punishment for Title VII of the Civil Rights Act of 1964? & who do you call? - Correct answer Up to 2 years of back pay for lost earnings, compensatory awards, punitive damages, return to job (or front pay if not realistic); employers may have to initiate an affirmative action plan Call EEOC Pregnancy Discrimination Act (PDA) - Correct answer Coverage type: all Size: 15 Who: Those employees or candidates for employment who are pregnant or may become pregnant. Main provision: Amended Title VII Prohibits employment discrimination on basis of pregnancy, childbirth, or pregnancy related medical conditions Treat pregnancy as disability (employees on leave for pregnancy related issues still accrue seniority, vacation time, pay increases and benefits). Health insurance must include pregnancy related conditions at same cost as other medical conditions (excludes abortions) Page 6 of 10 Pregnancy health coverage must be independent of marital status Whistleblower provision/prohibits retaliation Remedies and punishment for PDA? WHO DO YOU CALL? - Correct answer same as Title VII Call EEOC Age Discrimination in Employment Act (ADEA) - Correct answer COVERAGE: ALL Size: 20 Main provision: Employees/applicants 40+ years of age Prohibits discrimination in all employment decisions on the basis of age Prohibits mandatory retirement (except for firefighters and police officers and some executives who will make >$44k/yr. in pension benefits) Differentiation may be established on "factor other than age" Complaint must be filed with EEOC within 180 days of alleged violation Whistleblower provision/prohibits retaliation REMEDIES AND PUNISHMENTS FOR (ADEA)? WHO DO YOU CALL? - Correct answer Back wages and legal fees; liquidated damages if the employer acted willfully Call EEOC Older Workers Benefit Protection Act (OWBPA) - Correct answer coverage: ALL Size: 20 Main provision: Employees receiving special benefits upon early retirement Waiver of claims if the waiver is knowing and voluntary AND employees receive additional compensation for the waiver, over and above that for which they are already entitled Waiver must meet following conditions: Refer to employee's rights under the ADEA, contain an exchange of value, advice to consult an attorney, allow employees 21 days to consider, and provide 7 days to rescind If part of termination program offered to group/class of employees then it must also meet the following conditions: allow 45 days for consideration, list the class eligible for early retirement, explain the factors used to determine eligibility, define time limits for deciding upon early retirement, and explain any adverse action should the employee decide to decline or accept early retirement Page 7 of 10