Employment Law and Labor Relations: Key Concepts and Regulations, Exams of Labor and Social Security Law

Download Employment Law and Labor Relations: Key Concepts and Regulations and more Exams Labor and Social Security Law in PDF only on Docsity! D352 employment and labor law vocab 90 questions and answers-2024 update. 1. What is an agency relationship? - Correct answer Contract relationship between principal and agent 2. What is assumption of risk? - Correct answer Accepting the potential consequences and dangers of a particular activity 3. What is Bona Fide Occupational Qualification (BFOQ)? - Correct answer Exception to civil rights law allowing specific hiring based on business necessity 4. What is business necessity? - Correct answer Safe and efficient performance of business requiring specific employee characteristics 5. How is disability defined by ADA? - Correct answer Physical or mental impairment that substantially limits major life activities 6. Who are key employees defined by FMLA? - Correct answer Employees who can be denied leave and are crucial to business operations 7. What is common law? - Correct answer Law created by courts when statutes are not fully established 8. What is defamation? - Correct answer Intentional false communication that harms reputation (libel or slander) 9. How is disability defined by ADA? - Correct answer Physical or mental impairment that substantially limits major life activities 10. What is due diligence? - Correct answer Steps taken by employer to ensure eligibility of applicants for hiring 11. What is eavesdropping? - Correct answer surreptitiously listening to a private conversation 12. What is effort under the Equal Pay Act? - Correct answer substantially equivalent physical or mental exertion required for a job 13. What is election of remedies? - Correct answer Choosing one means of redress to the exclusion of others 14. What is an employer? - Correct answer one who employs others in exchange for wages P a g e 1 | 7 15. What is the Equal Work for Equal Pay Act? - Correct answer Legislation requiring equal pay for men and women performing substantially equal work 16. Gender Plus Discrimination - Correct answer Employer classifies employees based on gender and another characteristic 17. Intrusion Upon Seclusion - Correct answer Tort dealing with collection of information about an individual 18. Negligent Hiring - Correct answer Employer hires employee who could cause harm 19. No suspect class - Correct answer Neutral basis of discrimination not related to race, color, gender, religion, or national origin 20. Office of Federal Contract Compliance Programs (OFCCP) - Correct answer Government agency ensuring compliance with federal contract requirements 21. Precedent - Correct answer Legal decision serving as a guide for future cases 22. Prima Facie Case - Correct answer sufficient evidence to support a legal claim 23. Protected Heath Information (PHI) - Correct answer Information subject to privacy protection under federal law 24. Race Norming - Correct answer Adjusting test scores based on race 25. Reasonable Accommodation - Correct answer Modifications to accommodate individuals with disabilities 26. Reasonable Factor Other Than Age under ADEA - Correct answer Non-age-related factor justifying employment decision 27. Reasonable Person Standard - Correct answer Standard used to assess behavior in legal cases 28. Remedial affirmative action program - Correct answer Programs to remedy illegal discrimination 29. Responsibility under Equal Pay Act - Correct answer Degree of accountability required in job performance 30. Retaliation - Correct answer Negative action taken against someone for exercising their rights P a g e 2 | 7 60. Define Union Shop. - Correct answer Collective agreement provision requiring employees to become union members. 61. What is Voluntary Recognition in relation to Union Representation? - Correct answer Employee agreement to recognize a union without a certification election. 62. What is a wildcat strike? - Correct answer a strike not authorized by the union. 63. What is a yellow dog contract? - Correct answer Contracts that require employees to agree not to join a union. 64. Who is considered an administrative employee under FLSA? - Correct answer Exempt employee compensated on a salary or fee basis, performing office or non-manual work related to management or general business operations, exercising discretion and independent judgment. 65. What is the assumption of risk? - Correct answer the defense stating that by taking a certain job, the employee assumed the risk of working that job. 66. What is compensatory time under FLSA? - Correct answer Time off with full pay granted to employees as compensation for working overtime. 67. Who is considered a computer-related occupation under FLSA? - Correct answer Exempt employee involved in systems analysis, design, development, documentation, testing, or modification of computer systems or programs. 68. What is contributory negligence? - Correct answer a defense in workers' comp claims stating that the employee's own negligence contributed to the work accident. 69. Executive Employee under FLSA - Correct answer Exempt employee who is compensated on a salary basis of at least $455 per week, whose primary duty is management of the enterprise, who customarily and regularly directs the work of two or more other employees and who has the authority to fire or hire other employees or to make suggestions on such matters. 70. Exempt Employee - Correct answer Employee whose hours of work and compensation aren't stipulated by the FLSA 71. Experimental variance under OSH Act - Correct answer a variance to an OSHA standard that involves new or improved techniques to safeguard worker safety or health 72. Fellow-servant doctrine - Correct answer States the employee wasn't injured by the organization, but by a negligent coworker, defense against employment comp claims P a g e 5 | 7 73. Fiduciary - Correct answer any person exercising discretionary authority over benefit plan administration, management, or disposition of plan assets; or who renders investment advice regarding the plan 74. Fiduciary Duty - Correct answer the legal obligation of a fiduciary to act in the best interest of the beneficiaries 75. General Duty Clause under OSHA - Correct answer requires employers to provide a workplace free from recognized hazards that are causing or likely to cause death or serious physical harm 76. Mass Layoff under WARN - Correct answer A reduction in force that results in job loss for at least 50 employees within a 30-day period 77. Non-exempt Employee - Correct answer Employee whose hours of work and compensation are regulated by the FLSA 78. Outside Salesperson under FLSA - Correct answer Exempt employee whose primary duty is making sales or obtaining orders or contracts for services away from the employer's place of business 79. Overtime Pay defined in FLSA - Correct answer Employees covered by the FLSA are entitled to overtime pay, at one and a half times their regular pay rate, for hours worked in excess of 40 hours per workweek 80. Plant Closing under WARN - Correct answer A permanent or temporary shutdown of a single site of employment, or one or more facilities or operating units within a single site of employment, that results in job loss for at least 50 employees within a 30-day period 81. Professional Employee under FLSA - Correct answer Exempt employees in bona fide professional positions. 82. Bona fide professional positions - Correct answer Positions requiring advanced knowledge or artistic/creative talent. 83. Compensation for professional employees - Correct answer Salary or fee basis of at least $455 per week. 84. Primary duty of professional employees - Correct answer performing work requiring advanced knowledge or artistic/creative talent. 85. Knowledge requirement for professional employees - Correct answer Advanced knowledge acquired through intellectual instruction. P a g e 6 | 7 86. Artistic/creative requirement for professional employees - Correct answer Invention, imagination, originality, or talent in a recognized field. 87. Vesting (in terms of pension plans) - Correct answer the point at which an employee has full ownership of their pension benefits. 88. Willful misconduct (RE: unemployment compensation) - Correct answer High level of fault that disqualifies a person from receiving unemployment benefits. 89. Worker's Compensation - Correct answer Benefits awarded to employees for work- related injuries. 90. Definition of workweek in FLSA - Correct answer seven consecutive days, no specific start or end day required. P a g e 7 | 7