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113 Cards in this Set

  • Front
  • Back
payne v the western & atlantic railroad co.
defined employment at will
bureau of labor statistics
studies industrial accidents and maintain accident records
sherman anti-trust act
controlled business monopolies allowed court injunctions to prevent restraint of trade
clayton act
limited use of injunctions to break strikes; exempted unions from sherman anti-trust act
federal employees compensation act
provided benefits similar to worker compensation for federal employees injured on the job
railway labor act
protected unionization rights; allowed 90-day cooling off period to prevent strikes in national emergencies.
covers railroads and unions
longshore and harbor worker's compensation act
provided worker's compensation for maritime workers injured on navigable us waters, piers, docks and terminals
Norris-laguardia act
prootected rigt to organized; outlawed yellow dog contracts- contracts used to prevent employes from joining unions
National labor relations act
(wagner act)
-protected right of workers to organize and bargain collectively
-id'd unfair labor practices
-established the NLRB
Federal insurance contributions act / social security act
required employers and employees to pay social security taxes
federal unemployment tax act
required employers to contribute a percentage of payroll to an unemplomeny insurance fund
public contracts act
(walsh-healey act)
required contractors to pay prevailing wage rates
fair labor standards act
-defined exempt and nonexempt employees
-set min wage
-set 1.5 pay for non-exempt overtime
-limited hours and type of work for children
-required record-keeping
labor management relations act
-prohibited closed shops which required everyone to be a member of the union
-restricted union shops;which state must join union within a period no less than 30 days
-allowed states to pass right to work laws
-prohibited jurisdictional strikes and secondary boycotts
-allowed employers to permanently replace economic strikers
-established federal mediation conciliation serivce 80-day cooling off period for national emergency strikes
portal-to-portal act
clarified definition of hours worked for flsa
patent act
established us patent and trademark office
labor management reporting and disclosure act
-controlled internal union operations
-provided bill of rights for union members
-allowed members to sue union
-set term limit for union leaders
equal pay act
required that employees that performed substantially similar or identical work be paid the same wage or salary rate
title 7 of the civil rights act of 1964
-established the eeoc
-prohibited discrimination based on rae,creed,sex, color, or national origin
EO (executive order) 11246
-prohibited discrimination based on race, creed, color, class, origin
-required affirmative steps for all terms and conditions of employment
-required a written aap for 50+ employees
immigration and nationality act
-eliminated national origin race and ancestry as bars to immigration
-set immigration goals for reunifying families and preference for specialized skills
service contract act
required gov contractors to pay prevailing wages and benefits
age discrimination in employment act
prohibited discrimination against 40+ age
-established conditions for BFOQ (bona-fide ocupational qualifications) exceptions
EO 11375
added sex to protected classes in EO 11246
consumer credit protection act
limited garnished amounts on wages
-prohibited discharge of employees for single garnishment
EO 11478
included disabled individuales and those 40+ in protected classes
black lung benefits act
provided benefits for coal miners sufering from pneumoconiosis due to mine work
Occupational safety and health act
-required employers to provide a safe workplace and comply with standards
-established OSHA to enforce regulations
-established NIOSH to reasearch, evaluate , and recommend hazard reduction measures
fair credit reporting act
required employers to notify candidates that credit reports may be obtained
-required written authorization by the candidate and that the employer provide a copy of the report before taking adverse action
griggs vs duke power
-required employers to show that job requirements are related to the job
-established lack of intention to discriminate is not a defense against discrimination
equal employment opportunity act
-complainants must have burden of proof for disparate impact
-gave litigation authority to eeoc
-extended time to file complaints
rehabilitation act
expanded oportunities for people with mental or physical disabilities and provided remedies for victims of discrimination
privacy act
prohibited federal agencies from sharing information collected about individuals
vietname era veterans readjustment asistance act
provided equal opportunity and affirmativ action for vietnam veterans
employee retirement income security act
-established requirements for pension, retirementm and welfare benefit plans including medical, hospital, ad&d and unemployment benefit plans
albemarle paper vs. moody
-required that employment tests be validated
-subjective supervisor rankings are not suficient validation
-criteria must be tied to job requirements
NLRB vs J Weingarten, inc
union employees can request union representation during any investigatory interview that could result in disciplinary action
Washington v Davis
Established that employment selection tools that adversely impact protected classes are lawful if they hae been validated to show future success on the job
mine health and safety act
-established mandatory mine safety and health standards
-created MSHA
automobile workers vs, johnson controls
decision about welfare of children must be made by parents and not employers
uniform guideling on employee selction procedures
established guidelines to ensure that selection procedures are both job related and valid predictors of job success
pregnancy discrimination act
required that pregnancy be treated the same as any other short-term disability
civil service reform act
-created senior executive service, merit sysstems protection board, office of personnel management and the federal labor relations authority
revenue act
established section 125 and 401(k) plans for employees
EO 12138
Created national women's business eterprise policy
-required affirmative steps to promote and support women's business enterprises
guidelines on sexul harassment
assisted employees to develop antiharass policies
-established complaint procedures
-investigate complaints promptly and impratially
retirement equity act
lowered age limits on participation and vesting in pension benefits
-required written spousal consent to not provide survivor benefits
consolidated omnibus budget reconciliation act
provided continuation of group health coverage upon a qualifying event
tax reform act
reduced income tax rates and brackets
immigration reform and control act
prohibited employment of individuals who are not authorized to work in the us
-required i-9's for all employees
drug-free workplace act
required federal contractors to develop and implement drug-free workplace policies
employee polygraph protection act
prohibite use of lie detector tests except under limited circumstances
worker readjustment and retraining notification act
required 60 days notice for mass layoffs or plant closings
-defined those terms
-id'd exceptions
americans with disabilities act
required reasonable accomodation for qualified individuals with disabilities
older worker benefit protection act
ammended adea to prevent discrimination in benefits to wrokers over 40
immigration act
required prevailing wage for holdes of H1(b) visas and set H1(b)quotas
civil rights act
-allowed compensatory and punitive damages
-provided for jury trials
-established defenses to disparate impact claims
glass ceiling act
commision to determine existence of glass ceiling and barriers for women and minorities
eeoc now conducts auidt on the presence of women and minorities at all corporate levels
unemployment copensation amendments
reduced rollover rules for lump sum distribution of qualified retirement plans; required 20% witholding for some distributions
national energy efficiency act of 1992
set max transit subsidy at $60/month for employees
limited tax-free paarking benefits to $155/month
family and medical leave act
-required qualifying employers to provide 12 wks unpaid leave to elegible employees for the birth or adoption of a child or to provide cae for relatives with serious health conditions; or to employees unable to perform job duties due to a serious health condition
taxman v board of education piscataway
found that in the absence of past discrimination or underrepresentation of protected classes preference may not be given to protected classes in making layoff decisions
harris v forklift systems
defined actionable hostile work environment as that which goes beyon offensive and results in tangible psychological injury
omnibus budget reconciliation act
revise rules for employee benefits
-max deduction for executive pay at $1million
mandated some benefits for medical plans
uniformed services employment and reemployment rights act
protect the right to reemployment and benefit rights of reservists called to duty
congressional accountability act
required all federal employment regulations to apply to congressional employees
illegal immigration reform and immigrant responsibility act
reduced numbers and types of documents to prove identity
mental health parity act
required insurers to provide the same limits to mental health as provided to physical benefits
health insurance portability and accountability act
-prohibited discrimiation based on health status
-limited heath insurance restrictions for pre-existing conditions
-required a certificate of group health plan coverage upon plan termination
personal responsibility and work opportunity reconciliation act of 1996
required employers to provide info about all new or rehired employees to state agencies to enforce child support orders
small business job protection act
-redefined highly compensated individuals
-detailed min partticipation requirements
-simplified 401(k) tests
-coorected qualified plan and disclosure requirements
small business regulatory enforcemen fairness act
provided that an sba ombudsman act as an advocate for small business owners in the regulatory process
EO 13087
expended coverage of protected classes to include sexual orientation
burlington industries vs Ellerth
-employers have vicarious liability for employees victimized by supervisor with immediate or higher authority over them who create a hostile work env.
fragher v city of boca raton
established that employers are responsible for employees actions and have responsibility to control them
oncale v sundowner offshore sevices
extended def of sexual harassment to include same sex
epilepsy foundation of northeast ohio
NLRB estended weingarten rights to nonunion employees by allowing employees request a coworker be present during an investigatory interview that could result in disciplinary action
mb sturgis
temporary employees may be included in client company's bargaining unit and that consent of the employer and temp agency are not required to bargain jointly
needlestick safety and prevention act
mndated reord keeping for all needlesticks and sharps injuries; required employee involvement in developing safer devices
energy employees occupational illness compensation program act
provided compensation for employees and contractors subjected to excessive radiation during production and testing of nuclear weapons
EO 13152
added status as parent to protected classes
sarbanes oxley act
see other card with info
rosenfeld v southern pacific
determined california labor code as discriminatory
extended hours a woman could work ad weight limit
weeks v soutern bell telephone co
removed georgia's weight liimit and sex not a bfoq
mcdonnell douglas corp v green
established guidelins for a prima facia case in discrimination
1. complainant establishes case by showing
-belongs to racial minority
-applied and was qualified for a job seekign apllicants
-rejected despite qualifications
-after rejection position remained open
regents of CA v Bakke
acknowledged need to consider race but determined it should not be done through quota and leave non-minority applicants with better scores out
united steelworkers v weber
aap had ben negotiated
and permissible because it was used to eliminate racial imbalance
texas dept community affairs v burdine
ruled that employers aren't require to prove the nondiscriminator reasons for an employment actions but are requiresto explain their nondiscriminatoryreasons for the action
Johnson v santa clara county
if there is a moderate flexible cases by case approach in AAP which is flexible and temporary; designed only to correct workforce imbalance then placing a less qualified member of a protected class is valid and not discriminatory
school board of nassau v arline
-person with a contagious disease could be considered as handicapped
-posing serious health threat does noe exclude them from coverage of act
-the decision of whether someone poses a serious health threat to others should be left to public health officials
handicapped individual
has a physical or mental impairment which subtantially limits life activities, has a history of oris regarded as having such impairment
martin v wilks
where there has been a consent decree after suit, a following suit for reverse discrimination is entitled to challenge validity of consent decree
electromation v nlrb
not all employee participation committees are employer-dominated organizations and can serve a useful purpose of they are not
-paying employees who participate in commites at work does not violate the nlra
-these specific committes were unlawful because they were employer dominated
-management could veto decisions
-management could choose commitee and number of memebers
-management organized and esablished goals
EI Dupont v nlrb
-can't use commitees to circumvent union
Conditions set by NLRA for labor org to exist
1. employees participate in org
2. a function fo the org is dealing with employer
3. the function of the org is concerned with some form of "conditions of work"
St. Mary's Honor center v hicks
need to prove that nondiscriminatory reasons given for employment actions were racially motivated and not based on some other lawful motivation like personal dislike
McKennon v Nashville Banner Publishing
ruled that after-acquired evidence of employee misconduct that would have resulted in termination does not relieve the employer from liability in discharging the employee for an unlawful, discriminatory reason
circuit city stores v adams
ruled that mandatory arpitration agreements in employment are enforcable inder the FAA (federal arbitration act of 1925) except for transportation workers, who are exempted from FAA
employer rights and responabilities
-right to structure organizations cost-effectively
-right to determine how to run org.
-provide safe working conditions
-pay wages for work done
-reimburse employees for expenses incurred in behalf of employer

-coverd by both common law & statutory req.

-in absence of contract common law applies

-disagreements; breach of contract or tort
civil action based on duty r obligation that has been breached by one party, causing an injury to the other
common law doctrine
result of legal decisions made by judges in individual cases
most common:
*constructive discharge
defined by payne v the western atlantic road co.
-allowed employers to change employment conditions and allowed employees to leave at any time with or without notice

eroded by exceptions like:
-public policy exceptions
-good faith and fair dealing
-promissory estoppel
-fraudulent misrepresentation
payne v the western atlantic road co.
either party may terminate the service for any cause, good or bad, or without cause and the other can't complain in law
contract exceptions to employment at will
aborgated by contract, expressed or implied
express contract
written or verbal agreement in which the part states exactly what they agree to do
implied contract
created by an employer's conduct
e.g. consistent application of progressive discipline policy implies that won't be terminated without going throgh this process
-disclaimer can offset this
statutory exceptions to at-will
at-will may not be used for discriminatory reasons
public policy exceptions to at-will
established by petermann v international brotherhood of teamsters
can't terminate for acting in accordance to public policy

originated in CA and adopted by most states, not all

applied to 4 gen areas; can't terminate for:

1. refusing to break law on behalf of employer

2. whistle-blowing, report illegal acts of employers

3. participate in activities coverd by public policy lik investigation of employer wrong-doing

4. acting in accordance to legal statute like jury duty of worker's compensation claim
petermann v international brotherhood of teamsters
can't terminate for refusing to commit perjury, it is contrary to public policy
duty of good faith and fair dealing
obligation to act in fair and honest manner to each other to ensure contract benefits
varies by state
promissory estoppel
happens when employer entices employee or prospective employeee to take action by promising a reward
if action completed, then there must be reward
e.g. promise job to a candidate if resigns position but then change their minds
must follow through or pay damages
fraudulent misrepresentation
promises or claims made by employers to entice joining
e.g. tell that will expand when they're planning on closing
constructive discharge
when employer makes workplace so hostile and inhospitable that an employee resigns