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18 Cards in this Set

  • Front
  • Back
Wrongful discharge - employment for a term:
An employee may be discharged for cause only
Wrongful discharge - employment at will:
An employee may be discharged without cause, for any reason with the following exceptions.

1. Public policy exceptions
a. refusal to commit something illegal
b. refusal to violate a professional duty
c. whistleblowing

2. Illegal discrimination exceptions

3. Implied contract exceptions
Occupational Safety and Health Act
1. Administered by the Occupational Safety and Health Administration

2. Employer must keep workplace free of recognized hazards

3. Requires record keeping by employers with more than 10 employees.
Workers' compensation laws
A worker injured on the job is entitled to compensation from covered employers

1. Negligence is usually irrelevant

2. Applies to injuries to employees in the scope and course of employment

3. Provides payment of medical expenses and for disability payments
Social Security
Mandatory withholding totals 15.3%, including Medicare. Self employed persons pay the whole amount.
Regulates private, qualified pension plans

1. requires vesting within 5 years

2. Forbids discrimination in favor of highly paid employees

3. Regulates group health plans
Unemployment laws
1. Provides benefits to employees who are terminated without cause

2. Not if the employee was fired with cause or voluntarily quit.
1. Allows employees to keep coverage under group health plans after leaving employment

2. Must make election within 60 days of leaving

3. Coverage lasts for 18 months, often expensive
Family and medical leave act
1. Allows leave without pay for up to 12 weeks per year for family emergencies, along with reinstatement

2. Applies to employers with 50 or more employees

3. Excludes to 10% of wage earners
FLSA - Fair Labor Standards Act - History
1. At one time, the decision to hire or not and the right to negotiate with wished the employer wished were considered property rights of the employer.

2. Because of various oppressive practices by employers, starting during the great depression, various statutes were enacted to shorten the workweek, allow collective bargaining and eventually prevent discrimination in hiring.
Fair Labor Standards Act - Child Labor
1. Under 14: Available employment: newspapers, agriculture, entertainment and for parents

2. 14-15: Limited types and hours of work allowed with a work permit.

3. 16-17: Still no hazardous jobs allowed
Fair Labor Standards Act - overtime
Time and 1/2 pay for over 40 hours.

Employees not covered include white collared, management employees
Fair Labor Standards Act - Minimum Wage
$5.85 nationally

$6.50 in missouri

People not covered include servers and people in outside sales
1932 Norris LaGuardia Act
Allows peaceful strikes, boycotts and picketting - courts could not issue injunctions
1935 NLRA - national labor relations act - provided what rights?
1. To form, join and assist unions.

2. To obtain legal relief from unfair labor practices of management.

3. To select unions by election
a. 30% of employees in trade must sign union authorization cards to force election
b. Majority of employees must approve union

4. To bargain collectively through employee selected unions
1947 labor management relations act
1. Restored more neutral federal stance on labor

2. Forbade unfair labor practices of union
Five unfair management practices
1. Discrimination against union members or organizers

2. Interfering with attempts to unionize

3. Interfering with union elections

4. Yellow dog contracts - forcing employees to agree not to join a union

5. Refusing to bargain in good faith with a NLRB certified union
Five unfair union practices
1. Closed shops
a. Contract says only union members may be hired
b. Union Shops: anyone may be hired, but nonunion employees must join the union within a certain period of time
c. Open shops: Nonunion employees never have to join the union: only legal option in right to work states

2. Unauthorized or violent strikes

3. Interfering with union elections

4. Failure to adequately represent union members

5. Failure to bargain in good faith with the employer