Cae - Domain 4 - Administration

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Contract

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A voluntary between two or more individuals or entities that creates a binding relationship between or among them. Three essential elements:1. Offer 2. Acceptance 3. Consideration

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Interview Questions - Religion

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"May Ask and May Discriminate by asking May Not Ask: Religious affiliation/Avail. For weekend work Religious holidays observed

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Interview Questions - Age

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May ask: If app. is over age 18, if app. is over age 21 if job-related (i.e. bartender); May not ask: Date of Birth, Date of HS graduation, age

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Interview Questions - National Origin or Ancestry -

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May Discriminate by asking: *Ethnic assoc. of a surname *Birthplace of applicant or app’s parents; Nationality, lineage, nat. origin; *Nationality of app’s spouse; *Whether app. is citizen of another country; *App’s native tongue/English proficiency; *Maiden name (of married woman)

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Interview Questions - Disability

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"May Ask: Whether app. can perform the essential job-related functions.

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Sex and Family Arrangements - May Ask & May Discriminate By Asking

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May Ask: If applicant has relatives already employed by the organization. May not ask: Sex of applicant, # of children, marital status, spouse’s occupation, child care arrangements, health care coverage through spouse

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Interview Questions - Other may ask

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May Ask: *Convictions,if job-related*Academic, vocational, or professional schooling *Training received in the military *Membership in any union, trade, or professional association*Job references

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Interview Questions - Other may not ask

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May Not Ask: *Number and kinds of arrests*Height or weight except if a bona fide occupational qualification *Veteran status, discharge status, branch of service *Contact in case of an emergency (at application or interview stage)

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A job description should contain

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1. Summary of position 2. Essential job functions 3. Nonessential job functions 4. Knowledge, Skills and abilities required 5. Supervisory responsibilities 6. Working conditions 7. Minimum qualifications 8. Success factors

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Federal Labor Laws for companies with 11 or more employees

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Occupational Safety & Health Act (OSHA) ("Ocean's 11")

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Federal Labor Laws for companies with 1 or more employees

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 Fair Labor Standards Act (FLSA)  Immigration Reform & Control Act  Uniformed Services Employment & Re-employment Rights Act  Equal Pay Act  National Labor Relations Act (NLRA)  Employee Retirement Income Security Act (ERISA)  Uniform Guidelines of Employee Selection Procedure  Federal Insurance Contributions Act (FICA)

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Federal Labor Laws for companies with 15 or more employees

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Civil Rights Act of 1964 (Title VII) Civil Rights Act of 1991 Title I Americans with Disabilities Act (ADA) Pregnancy Discrimination Act of 1978

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Federal Labor Laws for companies with 20 or more employees

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 Age Discrimination in Employment Act  Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA)

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Federal Labor Laws for companies with 99 or more employee

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Worker Adjustment & Retraining Notification Act of 1989 *EEO-1 report filed annually with EEOC if organization is not a Federal Contractor

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Federal Reporting Requirements Benefits

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ERISA requires summary plan descriptions and annual reports on employee benefits offered FORMS: Form 5500 Series, 990 series, PBGC forms and others

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Federal Reporting Requirements Health & Safety

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OSHA requires employers to verbally report incidents of death or multiple-employee hospitalization. Selected employers must complete and file an annual survey of occupational injuries and illnesses. FORMS: BLS-9300

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Federal Labor Laws for companies with 50 or more employees

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 Family and Medical Leave Act of 1993 (FMLA) EEO-1 Report filed annually with EEOC if Organization is a Federal Contractor

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Federal Reporting Requirements Payroll

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Income Taxes, Federal Unemployment Taxes, Social Security Taxes FORMS: 990, 941, 942, 943, 1099, W-2, W-4

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Federal Reporting Requirements Equal Employment Opportunity

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Must file the appropriate EEO form indicating employment by covered categories; federal contractors have similar requirements FORMS: EEO-1 or similar; also VETS-100 for federal contractor

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Performance Management

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Three essential aspects: 1. Goal setting 2. Day-to-day coaching 3. Performance appraisal

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Right to Employment

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1. Protects employees who are terminated in retaliating for performing some public obligation, such as jury duty 2. Protects employees who are terminated for refusing to perform and illegal or unethical act. 3. Covers termination in retaliation for an employees exercise of a legal right.

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McGregor’s Theory X and Theory Y

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Theory X assumes that people are lazy and control must be exerted to get them to work effectively. Theory Y assumes that people are creative and enjoy work.

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Reasonable Accommodation

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According to the Americans with Disabilities Act accommodation that the essential functions of the job can be accomplished and that would not impose and undue hardship on the organization. These include: 1. making facilities accessible, 2. restructuring or modifying jobs or work schedules, 3. acquiring or modifying equipment, 4. providing qualified readers and interpreters, 5. Reassignment to a vacant position, 6. Adjusting exams, training materials, or policies

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Maslow’s Hierarchy of Needs

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High : *Self-Actualization *Esteem *Social *Safety Low: Physiological

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Elements of Contracts

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1. Mutual assent, an offer is made and accepted 2. Competent parties, have legal authority to commit their respective organizations 3. Consideration, the price 4. Mutuality, a mutual obligation on the part of both parties 5. Enforceable, must be in writing

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Hydrolevel Case

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A Supreme Court case applying the apparent authority doctrine to association anti-trust

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Herzberg Two Factor Theory

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Hygiene factors: 1. Need to avoid unpleasantness a. Company policy compensation, quality of supervision, job security -- Motivator factors: 1. Need for personal growth a. Status recognition, responsibility, stimulating work, sense of personal achievement

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Sherman Antitrust Act

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Passed by Congress in 1890; to prohibit agreements in restraint of trade (e.g. price fixing, market allocation and boycotts). Associations can provide price info on PAST transactions and assn members MAY NOT make any agreements to maintain prices based on such information. Assns have to make stats collected available to nonmembers, banks and the US Dept of Commerce.

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Supreme Court: Standard Oil (1911)

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Declares that agreements in restraint of trade are illegal only if they violate "a rule of reason"

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Tariff of 1913

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Nonprofit business associations are specifically accorded federal income tax exempt status in the Tariff of 1913 through the efforts of the US Chamber of Commerce

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Federal Trade Commission Act (1914)

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passed by Congress to outlaw "unfair methods of competition" and "unfair or deceptive acts or practices"

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Clayton Act (1914)

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to proscribe price discrimination, tying arrangements and exclusive dealing contracts as well as to impose restrictions on certain mergers.

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Maple Flooring Manufacurers Assn v. US (1925)

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trade associations may gather and disseminate statistical data under certain guidelines

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National industrial Recovery Act (1933)

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encourages industrial self-regulation by associations that formulate Codes of Fair Competition; establishes National Recovery Administration.

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Robinson-Patman Act (1936)

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price discrimination and certain allowances are illegal

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American Society of Mechanical Engineers v. Hydrolevel (1982)

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US Supreme Court held assn liable for antitrust treble damages, based on anticompetitive conduct of staff and volunteers acting with only the "apparent authority" of the association.

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Lobbying rule change(1993)

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Congress passes legislation that tax-exempt organizations inform members that dues are not deductible to the extent of organization's lobbying activities

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New IRS sanctions on above-market payments to insiders(1996)

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As a result of scandals at major national charitable organizations, Congress grants authority to the IRS to impose "intermediate sanctions" on excess benefits" of charitable, educational, scientific, social welfare, and similar tax-exempt organizations, that is, penalties short of withdrawal of exemption if the organizations make above-market payments to insiders

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Sarbanes-Oxley Act (2002)

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In reaction to major scandals at publicly-traded business corporations, Congress passes the Sarbanes-Oxley Act largely inapplicable to nonprofits but indirectly provoking governance reform for all entities, including nonprofit organizations.