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115 Cards in this Set

  • Front
  • Back
Employment Law includes statutes, regulatory, and case law designed to protect workers from discrimination in the workplace and also includes ______ and safety, as well as income protection, legislation.
health
The basic purpose of Employment Law is to foster a workplace which is safe and fair for employees. Most states have employment laws which mirror federal statutes, especially in the areas of ________ wage and maximum hour standards. On the other hand, some federal statutes were developed as a result of widespread state employment laws.
minimum
Every state has a workers' compensation statute which requires an employer to pay financial benefits to an employee for injuries or illnesses arising out of the course of employment, regardless of who was at _____.
fault
All states have a Workers' Compensation statute--employees who are injured or contract an illness arising out of the course of their employment are entitled to compensation, regardless of who is at fault. However, the workers are required to relinquish their right to ____ their employers for these injuries or illnesses, or even death.
sue
_______ trading is prohibited by the Securities Exchange Act of 1934 and is where a person trades stocks based on nonpublic information
Insider
Insider trading is where a person trades stocks on the basis of information that is not available to the public even though he has a duty to withhold that _____________ or refrain from trading. For example, if the CEO of the company knows that big news is about to be released, and gets his relatives to buy stock on the basis of that news, they are engaging in insider trading.
information
Under Workers' Compensations statutes, companies are required to pay employees financial benefits for worker injuries and illnesses. For many companies, this means purchasing workers' compensation _________.
insurance
Companies are held responsible for paying workers' compensation benefits; for many, this means purchasing workers' compensation insurance. Another option is paying into a state fund. Some companies are large enough and have enough assets that they can be considered _____-insured.
self
The main federal statute designed to foster a safe and healthy _________ is the Occupational Safety and Health Act of 1970.
workplace
The Occupational Safety and Health Act of 1970 requires employers to provide workplaces free from serious recognized hazards and to comply with occupational safety and health standards. It also establishes OSHA--the Occupational Safety and Health Administration to ________ these standards.
enforce
To enforce its standards, the Occupational Safety and Health Administration (OSHA) conducts unannounced ___________.
inspections
OSHA conducts unannounced inspections at worksites, most commonly due to complaints or accidents. The highest priority sites for inspections are those which have had a life-threatening situation or accidents involving deaths or ______ or more workers injured severely enough to require hospitalization.
three
The Occupational Health and Safety Act not only created OSHA; it also created the _________ for Occupational Safety and Health to advise OSHA on new health and safety rules or regulations.
Institute
The National Institute for Occupational Safety and Health was created to perform _________ on health and safety standards and recommend new standards and regulations to the Occupational Health and Safety Administration (OSHA).
research
The Occupational Safety and Health ______ Commission was created under the Occupational Safety and Health Act to review appeals from OSHA's decisions.
Review
The Family and Medical Leave Act (FMLA) requires employers to provide up to __ weeks of unpaid leave of absence within a 12 month period to eligible employees who have just experienced the birth or adoption of a child, or a serious illness in the family.
12
The Family and Medical Leave Act applies to governmental employers and private employers of at least ______ workers. To be eligible, an employee must give reasonable notice and have worked for the employer for at least one year.
50
One of the requirements of the Family and Medical Leave Act is that employees who take unpaid leave due to this act be allowed to return to the ____ or equivalent jobs, with the same pay and benefits. However, this requirement does not always apply to the highest-paid 10 percent of an employer's workforce
same
The ________-paid 10% may not be guaranteed their jobs back upon returning from unpaid leave, as the Family and Medical Leave Act allows employers to exempt that group from the guarantee. While the FMLA applies to all governmental employers, it only applies to private employers who have 50 or more employees.
highest
Title VII of the Civil Rights Act forbids discrimination by employers on the basis of race, color, sex, ________ or national origin.
religion
Title VII of the Civil Rights Act forbids discrimination by employers, but only for certain protected classes of people. _______ orientation is not one of those protected classes, and federal courts have upheld in numerous occasions that the Civil Rights Act does not prohibit discrimination on the basis of sexual orientation.
Sexual orientation
When state laws are more generous than the federal Family and Medical Leave Act, an employer is bound to abide by the _____ law. (state or federal?)
State
If the state law is more generous, than that is the law the employer is required to abide by over the FMLA. Likewise, if the employment contract is more generous than both the state and federal laws, that is ________.
binding
The __________ Standards Act of 1938 provides for a minimum wage and overtime entitlement, and includes provisions for restricting child labor.
fair labor
The Fair Labor Standards Act establishes a minimum wage, sets a "time and a half" overtime pay standard, forbids employment of children under the age of ___, and sets restrictions for the employment of children less than 18 years old.
14
Under the __________ Standards Act, employment of children under the age of 14 years old is illegal.
Fair Labor
It also sets restrictions on the employment of 14 and 15 year olds to __________ hours in nonhazardous positions. Children under the age of 18 are not permitted to work in hazardous positions.
non-school
The Fair Labor Standards Act requires an _________pay rate of 150 percent of the normal wage rate.
overtime
The FLSA mandates "time and a _____," which is 150 percent of the normal wage rate.
half
Minimum wage is established in the __________ Standards Act of 1938
Fair Labor
The Fair Labor Standards Act establishes a minimum wage. However, employers may pay lower than minimum wage if they make up for the difference with rewards such as _____ or lodging. In professions which include making a tip of at least $20 per month, half of the tip can be counted as part of the salary.
food
The National Labor Relations Act of 1935, popularly known as the ______ Act, was designed to protect workers' rights to unionization, and guarantees the right of employees to organize and to bargain collectively with their employers.
Wagner
The National Labor Relations Act (NLRA) is usually referred to as the Wagner Act. The most important aspect of the NLRA was that it guaranteed workers' rights to collectively ________ with employers.
bargain
The Fair Labor Standards Act is ________ by the U.S. Department of Labor.
enforced
The Secretary of Labor has the power to sue for back wages, a civil penalty, and _____________. Private parties also have the right to sue for back wages and a civil penalty.
injunctions
Unemployment compensation exists as a state-level insurance system. Basically all _______ employers are required to participate in the unemployment compensation program.
private

Explanation


Unemployment compensation is a state insurance system, with the employer, as well as the state and federal governments, making contributions to unemployment insurance. To be eligible, a worker who is unemployed must have lost his job through no fault of his own, as well as have worked a ________ time period or earned a minimum amount of wages.
minimum
_________ contribute to unemployment insurance plans in the form of a tax.
Employers
Employers pay a tax, which is determined by the number of employees, their ______, and the company's history of keeping and discharging employees. The length of time for and the amount of unemployment compensation varies from state to state, with federally set minimums.
wages
A Mutual mistake of a material fact in a contract keeps the contract from being necessarily binding--the contract may be _________.
cancelled
A mutual mistake of a material fact occurs when one or both parties were mistaken or made a mistake in a basic, or material feature of the contract. This can be grounds to cancel a contract.

However, a ___________ mistake, where only one party is mistaken, is not. There is an exception, if the mistake is made by one party, but the other party knows about the mistake and says nothing--the contract may be cancelled.
unilateral
In addition to unemployment compensation, additional income protection is provided through the Worker __________ and Retraining Notification Act of 1989.
Adjustment
The Worker Adjustment and Retraining Notification Act of 1989 requires companies with more than 100 employees to provide notice ___ days in advance of covered plant closings and covered mass layoffs.
60
The Social Security Act of 1935 enacted a series of social welfare programs for the aged, disabled, and __________.
dependents
The Social Security Act was originally enacted in 1935, and has undergone many revisions. It provides money to citizens who have no income due to death, disability, or retirement, and is paid for by mandatory employee and employer contributions to the Social Security ___________. The Social Security Act is administered by the Social Security Administration.
Trust Fund
The Employment Retirement Income Security Act (ERISA) regulates private retirement pension plans, dealing with reporting, disclosure, participation, and _______.
vesting
The Employment Retirement Income Security Act (ERISA) does not require that employers establish a pension; however, ERISA's purpose is to ensure that employee benefits plans that do get created are created fairly, administered and ___________ appropriately, and provided to retiring employees as promised by their employer.
maintained
One of the aspects ERISA regulates in pension plans is _______, which happens within a certain period of time, when employees have a right to receive retirement benefits promised to them by their employer.
vesting
Vesting occurs after a certain period of time--it is possible for retirement benefits to vest, or be owed to an employee, when the employee terminates employment, but before he reaches retirement age. ERISA contains complex vesting requirements that determine at what _____ an employee's pension benefits vest--for some employees it will be faster than others
rate
For a contract to be enforceable on the basis of valid consideration, a person's performance does not have to involve doing something, rather it can involve refraining from doing something. ___________ is a promise not to do something that one could legally do.
Forbearance
Forbearance is a promise to refrain from doing something you are allowed to do. For example, if an adult promises to give up smoking as his side of the contract, that would be considered forbearance, and would be ______ consideration.
valid
Slander is oral defamation--oral communication of false statements to injure a person's __________.
reputation
Slander is false oral communication to a ______ person--telling a person false things about him to his face is not slander.
third
Under ERISA (Employee Retirement Income Security Act), a _______________ Guarantee Corporation was established to help insure pension benefits.
Pension Benefit
ERISA (Employee Retirement Income Security Act) is enforced and administered by the Department of Labor and the ___.
IRS
The IRS (Internal Revenue Service) and the Department of Labor's Pension and Welfare Benefits Administration administer and enforce ERISA. Private parties can also bring civil actions alleging pension mismanagement or ______.
fraud
If a person engages in outrageous conduct inflicting _________ distress, that person can be sued on the grounds of an intentional tort.
emotional
There are two types of torts--intentional torts, and torts of ___________. Intentional infliction of emotional distress, such as outrageous behavior, can count as an intentional tort. For example, putting a garden snake in someone's bed, or falsely telling a person that his daughter was hit by a car, could be considered outrageous conduct.
negligence
A worker _______ an employment contract is known as an "at-will" employee.
without
Such an employee is called an "at-will" employee--before certain federal and state statutes were passed, such an employee could _____ at any time or be fired at any time for any reason.
quit
Due to the Doctrine of Abusive Discharge, "at-will" employees can no longer be fired by a company for ___ reason; certain reasons are unacceptable.
any
The Doctrine of Abusive Discharge states that certain reasons are not acceptable for firing an employee--i.e. race, sex, religion, an employee refuses to engage in antitrust violations or reports _________ activity by his employer, etc.

An employee who was abusively, or wrongfully discharged, is entitled to sue for damages.
criminal
A response to an advertisement for a job opening is an _____ (offer or acceptance?).
offer
If a person submits their resume in response to a job posting, they are making an offer. The advertisement does not count as an offer, and does not bind the employer in any way. The person submits his resume, which is an ______, and the employer can either accept or reject the resume.
offer
In an at-will employment relationship, the ________ is free to quit.
employee
The employee is always free to quit his job; however, even in an at-will employment relationship, for the employer there are restrictions on the reasons for firing an employee. For example, if an employee is fired because he is about to become entitled to a ______, or because he asked his superiors to obey certain business laws, it would be considered an abusive discharge and he can sue for damages.
bonus
Federal courts have the power of judicial review, which is the power to review laws to see if they are allowed under the ____________ or if they violate other U.S. laws.
Constituion
The most significant employment law dealing with anti-discrimination is Title VII of the ____________ Act of 1964.
Civil Rights
Title VII of the Civil Rights Act of 1964 outlaws discrimination based on race, color, religion, sex, or _________ origin in all aspect of employment--i.e. hiring, firing, promotion, compensation, etc..
national
The Securities ________ Act of 1934 created the SEC to regulate the securities industry, and prohibits certain types of conduct in the market, such as insider trading.
Exchange
The Securities Exchange Act of 1934 created the SEC (Securities and Exchange Commission) which regulates __________ firms, the New York Stock Exchange, etc.
brokerage
Title VII of the Civil Rights Act, the Equal Pay Act, and other equal __________ laws are enforced by the Equal Employment Opportunity Commission.
employment
The Equal Employment Opportunity Commission (EEOC) was established by the Equal Employment Opportunity Act, and coordinates all federal equal employment opportunity regulations, practices, and _________.
policies
If an individual believes he has been discriminated against in employment, he would file an administrative charge with the ________________ Opportunity Commission.
Equal Employment
He would file a charge with the EEOC (Equal Employment Opportunity Commission). The EEOC then investigates the charge, and if it finds "reasonable cause" to believe that discrimination occurred, it will try to reach a __________ agreement. Otherwise, it will bring a lawsuit against the employer or issue a Right-to-Sue notice to the charging party.
voluntary
Title ___ of the Civil Rights Act is the most important anti-discriminatory employment statute; it outlaws discrimination in all aspects of employment on the basis of an individual's race, color, religion, sex, or national origin.
VII
Other anti-discriminatory statutes include the Equal Pay Act, Age Discrimination in Employment Act, and the Americans with ______________ Act.
Disabilities
Title VII of the Civil Rights Act does not only ban practices of overt discrimination. Under the _________ treatment scenario, the plaintiff's argument is that the employer treats some people less favorably than others because of their race, color, religion, sex, or national origin.
disparate
The Disparate Treatment scenario is where an individual claims discrimination occurred, although discriminatory motives are not immediately ________. The plaintiff must prove that there was discriminatory intent.
obvious
Disparate treatment is one of the scenarios for non-overt discrimination. Under the Adverse Impact, also called Disparate Impact, scenario, the plaintiff argues that an employer's practice which seems _______ is actually harmful to a group covered under Title VII.
neutral
Under this scenario, a plaintiff argues that an employer's practice--i.e. tests, weight requirements, etc.--has an unequal negative impact on one of the groups covered by Title VII.

Unlike the Disparate Treatment scenario, the plaintiff does not have to prove that there were discriminatory motives, merely that the _______ is discriminatory.
effect
In addition to Disparate Treatment and ______________ scenarios in discrimination suits, discrimination may also be inferred through a pervasive pattern or practice of discrimination.
Adverse Impact
A pervasive pattern or practice of discrimination can be inferred through ___________. An examples is if a certain group covered under Title VII makes up a majority of the local labor market, but only a small percentage of the defendant employer's workforce consists of that group. However, the employer may provide evidence showing that this is not a result of discrimination.
statistics
One of the types of sexual harassment is ____ pro quo--a superior threatens an employee with the loss of a job benefit or a change in work conditions unless he/she submits to the superior's sexual demands.
quid
This is called quid pro quo, which means "this for that." Quid pro quo harassment can include a woman being fired because she ends a romantic relationship with her boss, an employee being denied a __________ for refusing sexual relations with a superior, etc..
promotion
A mutual mistake in a contract is grounds for ____________. A unilateral mistake, on the other hand, is not.
cancellation
A unilateral mistake, or a mistake by one party, is not grounds for cancellation. However, if the other party knows of the mistake, and says ________, the contract is not binding. For example, if a person states that the selling price is $75 when he meant $85, and the buyer knows that he meant to say $85, but says nothing and pays $75, the contract is not binding.
nothing
There are two types of sexual harassment. ___________ sexual harassment refers to unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature which create an intimidating, hostile, or offensive working environment.
Environment
This is known as "work environment" sexual harassment. The other type is quid pro quo sexual harassment. The EEOC (__________________ Opportunity Commission) has issued guidelines on sexual harassment, and holds employers strictly liable for both types of harassment when higher-level managers knew about it and did not take corrective action.
Equal Employment
This is known as "work environment" sexual harassment. The other type is quid pro quo sexual harassment. The EEOC (__________________ Opportunity Commission) has issued guidelines on sexual harassment, and holds employers strictly liable for both types of harassment when higher-level managers knew about it and did not take corrective action.
Harris
Harris v. Forklift Systems, Inc. established that work environment sexual harassment is proven according to a "reasonableness" standard. Harassment does not need to be severe enough to cause psychological injury, just reasonably perceivable as hostile or ________.
abusive
Government administrative agencies have the power to enact rules and regulations. Such power qualifies as a _____-legislative function.
quasi
The power to enact rules and regulations is a quasi-legislative function, since the agencies wield executive authority, but such powers are associated with ______________.
legislatures
Courts have the power to impose quotas on employers found guilty of intentional discrimination. These are policies which require certain numbers or percentages of __________ or women to be hired or promoted.
minorities
Quotas require employers to hire or promote from within certain groups, even if it means better qualified people are turned away. Quotas have become increasingly rare due to "________ discrimination" suits arguing that a quota is illegal discrimination.
reverse
Affirmative Action programs are used to recruit and select _________ individuals from an underutilized applicant pool.
qualified
Affirmative Action programs seek to redress past discrimination through active measures to ensure equal opportunity. They are different from quotas, and involve aggressively recruiting as ________ an applicant pool as possible. Government contractors and others receiving federal funds are required to have affirmative action programs, but for private firms, such programs are voluntary
diverse
Quotas and Affirmative Action programs have led to claims of reverse discrimination, discrimination against members of a ________ or majority group.
dominant
Proponents of reverse discrimination argue that policies established to correct discrimination against members of a minority or _______________ group often result in other groups being discriminated against.
disadvantaged
The _________ Act is an amendment to the Fair Labor Standards Act, and makes it unlawful for employers to discriminate between men and women in terms of their contracts of employment.
Equal Pay
The Equal Pay Act requires that men and women performing essentially equal work receive not just the same pay, but also the same _________. The Equal Pay Act merely outlaws differences in pay on the basis of sex--employers can still differentiate between employee salaries on the basis of seniority, merit, etc..
benefits
The Age Discrimination in Employment Act of 1967 specifically outlaws job discrimination against people who are __ years of age and older.
40
ADEA outlaws discrimination against people 40 years old or older. Sometimes, age is an actual qualification for a position, and in such special cases it is allowed. Also, certain benefits can be reduced for such employees if it is justified by the costs involved--i.e. _____ insurance costing more for a 50-year old than a 20-year old.
life
Title VII of the Civil Rights Act prohibits discrimination in employment on the basis of race, color, religion, sex, or national origin. However, exceptions are allowed if such a factor is a _____________ for the position.
qualification
For example, for the position of church minister, _________ is one of the qualifications for the position, and is a valid discriminator.
religion
The _________ Discrimination Act of 1978 states that discrimination on the basis of pregnancy, childbirth or related medical conditions constitutes unlawful sex discrimination.
Pregnancy
The Pregnancy Discrimination Act is an amendment to Title VII of the Civil Rights Act. It requires employers to treat women affected by pregnancy or related conditions in the same manner as other applicants or employees with similar abilities or _____________. Employers cannot force a pregnant woman to take a leave of absence if she is still capable of performing her duties.
limitations
The Americans with Disabilities Act of 1990 guarantees equal employment opportunity for individuals with mental or physical disabilities. However, employers are not required to hire disabled individuals that would result in _____ hardship for the employer.
undue
For example, if hiring such an individual would require significant difficulty or ________, or if an employer can show "business necessity," he is not in violation of ADA by refusing to hire that person.
expense
Regents of the U of California v. _____ is one of the most famous Supreme Court decisions concerning state affirmative action programs.
Bakke
In Regents of the U of California v. Bakke, the Supreme Court ruled that race could be one of the factors considered in choosing a diverse student body; however, it outlawed the use of _______ in such affirmative action programs. Another famous affirmative action case was City of Richmond v. Croson.
quotas
In City of ________ v. Croson, a major Supreme Court case regarding affirmative action, a program setting aside 30% of city construction funds for black-owned firms was challenged.
Richard
The Supreme Court ruled in City of Richmond v. Croson that affirmative action must be subject to "strict scrutiny" and is __________________ unless racial discrimination can be proven to be "widespread throughout a particular industry.
unconstitutional
The Equal Pay Act provides for equal pay and benefits for individuals regardless of sex performing equal work. However, a proposed __________ worth, instead of equal worth, standard is under consideration by state and local governments.
Comparable
A comparable worth standard would involve jobs which are arguably worth essentially the same--i.e. equal wages for men performing construction work and women secretaries. A "comparable worth" standard has been rejected in ________ law.
federal