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97 Cards in this Set
- Front
- Back
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older term for employee/ employer relationship
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master- servant relationship
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two types of employment relationships
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1/ individual employment contracts
2/ collective bargaining contracts |
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limitations on individual employment contracts
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statutory restrictions
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terms in collective bargaining contracts
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1/identification of work
2/ wage and benefit clauses 3/ promotion and layoff clauses 4/ management rights' clauses 5/ grievance procedures |
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employment-at-will doctrine
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employer can terminate contract at any time for any reason or no reason
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Adams v Uno Restaurants, Inc (RI 2002)
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Adams won 7500 in damages because Uno violated state whistleblowers Act
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two policies that temper employment-at-will
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1/ personnel guidelines
2/ employee handbooks |
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Semple v Federal Express Corp (2008)
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8th circuit affirmed decision; FedEx won; employee handbook were guidelines only; employee had falsified records
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protections many employers have made to protect against lawsuits
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1/ written advise of infraction
2/ informed of corrective action 3/ consequences of further misconduct two supervisors opportunity for employee to be heard was given |
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justificable discharge
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1/ nonperformance
2/ misrepresentation or fraud 3/ disobedience 4/ disloyality 5/ theft 6/ drugs 7/ misconduct 8/ incompetence |
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reduction in force (RIFs)
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employer right to layoff due to economic conditions
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service letter
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requirement of some states to provide reason for discharge letter on request
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Sarbanes-Oxley Act (SOA or SOX Act)
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2002
publicly traded companies Title VIII contains protection for corporate whistleblowers done to restore faith in market |
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What types of whistleblowing protected
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1/ mail, wire, bank, securities fraud
2/ violation of SEC rule 3/ any federal law protecting shareholders from fraud |
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what is the employee protected against? (8)
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discharge
demotion suspension threat harassment blacklisting failure to hire/ rehire other discrimination |
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failure of SOX Act
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courts have not protected whistleblowers
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Where does adversely affected employee bring the complaint?
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DOL's OSHA
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how much time does the employee have to file
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90 days
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what must complaining employee provide to OSHA?
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protected activity was a contributing factor to adverse action
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what must employeers accused of adverse action provide to OSHA?
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"clear and convincing evidence" that adverse action would have happened without protected activity
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three duties of an employee
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1/ provide service
2/ protect trade secrets 3/ employer owns inventions if in contract |
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shop right
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right of an employer to use in business without charge an invention discovered by an employee during working hours with the employers material and equipment
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rights of an employee
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compensation
federal wage and hour law |
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official name of Wage and Hour Act?
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Fair Labor Standards Act (FLSA)
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four components of FLSA
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sub-minimum wage provisions
wage (deductions cant go below minimum; training exemption) overtime pay child labor provisions |
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body of laws that protect unionized and nonunionized workers
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National Labor Relations Act (NLRA) (1935)
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what makes NLRA constitutional?
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Article I; Section 8 (interstate commerce clause)
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protections of NLRA
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1/ right to organize
2/ bargain collectively 3/ right to not organize or bargain |
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who inspects and prosecuting infractions to NLRA?
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National Labor Relations Board
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How many members of NLRB
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5
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how many regional offices?
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32
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duties of NLRB in regards to unions
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1/ appropriateness of bargaining unit
2/ petitions for certification/ decertification of unions 3/ conduct elections to determine majority vote |
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Two pre-election to unionize rules of NLRB
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1/ employer interference
2/ employer threats or promises |
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5 reasons NLRB has found evidence of discrimination against union supporter
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1/ discharges on past misdeed that were condoned
2/ neglects to give customary warnings 3/ discharge for rules generally unenforced 4/ disproportionate punishment 5/ uneven layoffs |
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what must be proved in dual motive cases
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that the employee would have been fired without the union activity
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NLRB v Transportation Management Corp (1983)
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Santillo (bus driver) had been fired on previously tolerated infractions
Supreme Court reversed U.S. Court of Appeals |
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mandattory subjectsof bargaining include
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1/ seniority provisions
2/ promotions 3/ layoff and recall 4/ no strike; no lockout 5/ grievance procedures |
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permissive subjects of bargaining
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employers refusal to bargain is not a section 8(a)(5) unfair labor practice
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right-to-work laws
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restrict unions and employers from negotiating clauses that make union membership compulsory
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constitutional foundation of right-to-work
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1st amendment right of freedom of association
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union argument with right-to-work
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nonunion employees receive all the benefits without paying dues
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economics strikers
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strike/ picketing to enforce bargaining demands
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striker's right
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to get job back unless misconduct during strike
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primary picketing
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outside employers entrance
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mass picketing
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blocking entrance of workplace; illegal
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secondary picketing
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picketing of associated company; usually illegal
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act that regulates union administration
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Labor-Management Reporting and Disclosure Act (LMRDA)
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Title IV of LMRDA has these 7 election standards
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secret ballots,nominations open to all members, advance notice, observers at polling and counting, publication of results, no dues for candidates, advance opportunity for candidates to inspect membership lists
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protects employee pensions and benefits; year
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1974; Employee Retirement Income Security Act (ERISA)
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6 components of ERISA
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admin, fiduciary standards and reporting, vesting, funding, termination insurance, enforcement
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Retirement Equity Act of 1984 provides what?
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leave in working up to five consecutive years
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What does the Pension Benefit Guaranty Corp do?
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provide pension insurance for companies who go out of business
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who enforces ERISA rules and laws
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Sec of Labor and staff
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Social Security Act of 1935?
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provides unemployment insurance
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who is not covered under SSA?
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agri employees, domestic workers, state and local government employees
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who has separate unemployment insurance? 3
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govt workers, mil, rail
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what is the "experience rating"?
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rates for unemployment ins determined by past history
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what does FMLA stand for?
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Family and Medical Leave Act? (1993)
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who is eligible for FMLA
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1/ birth/ adoption
2/ care for family member 3/ serious health condition |
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how long is FMLA
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12 workweeks
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how much time must have been worked before FMLA
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12 months; 1250 hours
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what is USERRA?
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Uniformed Services Employment and Reemployment Rights Act
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what does USERRA provide
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prompt reemployment
same or comparable position no discharge withing the year after unless cause accommodations for those who became disabled |
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who enforces USERRA?
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US justice Dept: Division of Civil Rights
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2 exceptions to USERRA- employer rights?
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termination for cause
if employers circumstances have drastically changed |
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four types of Social Security protections
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1/ retirement benefits
2/ disability benefits 3/ life insurance benefits 4/ health insurance (Medicare) |
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what agency was passed to assure every worker safe and healthful conditions
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OSHA
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what year was OSHA passed
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1970
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what records do OSHA require employers to maintain
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occupational illness and injuries
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2 reasons for OSHA inspection
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records involving accidents
worker complaints *warrant needed |
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who hears employer challenges to OSHA citations
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Occupational Safety and Hearth Review Commission (OSHRC)
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what is "right to know" legislation
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hazardous substances
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what exempts some emplyers from workers comp
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Common Law Status
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what is employers common law duty
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too warn employee of dangers; have safe place and equipment
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what is an employer not liable for injured worker
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fellow employee harmed
employee took on extra risk (contributory negligence) |
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who does Federal Employer's liability Act (FELA) protect
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railroad workers
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what defense under FELA can employers not use?
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contributory negligence (but could mitigate damages)
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Bryant v Wal-mart Stores, Inc
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case of unlawful imprisonment; estate admin and workers guardian sued of worker who had a stroke; wally world won
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what do workers' compensation statutes
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1/ immediate medical benefits
2/ periodic wage replacement- 50% to 80% 3/ death benefit |
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what makes it unlawful to intercept oral or electronic comm
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Federal Wiretapping Act
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2 exceptions to Federal Wiretapping Act?
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1/ "ordinary course of business"
2/ employee consent had been given |
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employee law as it applys to email
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Electronic Communications Privacy Act of 1986
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email/ web protection
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really none; employer issues policy statement
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reasonable expectation of privacy
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employers should not set up camera where notices are not posted in unexpected places
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what rights do drug tests may violate
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4th and 5th
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mass transit workers or safety sensitive covered by what laws to test for drugs/ alcohol
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Federal Omnibus Transportation Employee Testing Act
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3 employer related immigration laws
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1/ Immigration and Naturalization Act
2/Immigration Reform and Control Act 1986 3/ Immigration Act of 1990 |
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what are IRCA laws
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criminal and civil penalties against employers who knowingly hire aliens
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what agency admins immigration laws
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Homeland Security
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form employer must file to verify citizenship
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I-9
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allows aliens of to enter and work in US temp
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H-1 classification visa usually professionals
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allows temp and high-tech aliens
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H-1B vissa
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what is the annual cap on H-1B visas
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65000
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2 provisions employers must follow on H-1B
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1/ pay prevailing wage
2/ not lay off american |
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visas for multinational biz
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L-1
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how long do L-1 visas last
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up to 7 years (managers and execs)
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Loopholes to L-1s
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1/ no prevailing wage requirement
2/ no no layoff requirement 3/ no annual caps 4/ cos exploiting these cause of H-1B visa caps and rules |
