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42 Cards in this Set

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  • Back
Basic Common Law of Employment
Employee at will could be fired for a good reason, a bad reason or no reason at all
When was the National Labor Relations Act passed and what is another name for it?
1935, Wagner Act
What does the NLRA do?
created National Labor Relations Board enforce labor laws, prohibits employers from penalizing workers from engaging in union activity, and requires employers to "bargain in good faith" with unions
Family and Medical Leave Act
1993, gurantees both men and women 12 weeks of UNPAID leave each year for childbirth, adoption, or medical emergencies for themselves or a family member, employee must be allowed to return to same job or equivalent job with same pay and benefits, must have worked at company for at least a year
COBRA
Consolidated Omnibus Reconciliation Act, former employees must be allowed to continue their health insurance for 18 months after leaving the job but must pay 102% of the cost
3 categories of wrongful discharge
prohibits an employer from firing a worker for a bad reason, public policy & contract law & tort law
Examples of public policy
Refusing to violate the law, exercising a legal right, performing a legal duty
Whistblowers- what are they and are they protected?
employees who disclose illegal behavior on the part of their employer, YES
Are courts more willing to enforce employer's casual promises now or were they in the past?
now, traditionally many employers & employees thought only a formal, signed agreement qualified as an employment contract
truth in hiring
oral promises made during hiring enforceable even if not made by company's top executives
Employee handbook--can they create contracts?
Some courts say yes
Covenant of good faith and fair dealing
prohibits one party to a contract from interfering with the other's right to benefit under the contract, sometimes applied to at-will relationships
Tort Law--Defamation
Employers liable for defamation when they give false (which they know to be false) and unfavorable references about a former employee motivated by ill will
Do employers have a legal obligation to disclose info about potentially dangerous employees?
Courts have said no but recently they have changed their mind.
Intentional infliction of emotional distress
employers who condone cruel treatment of their workers face liablity under this tort
Occupational Safety and Health Act
1970, employers...
-must comply with certain health & safety standards
-are under a obligation to keep workplace "free from recognized hazards causing harm or death" to employees
-must keep records of all workplace injuries and accidents
-OSHA may inspect workplaces to make sure they are safe with probable cause and a search warrant
Alcohol and Drug Testing
Easier to test private sector employee than govt employee, govt employee can only be tested if they show signs of use or if they are in a job where this type of abuse endangers the public
Lie Detector Tests
can't be part of hiring process, only used as part of an "on-going investigation" into crimes
Electronic Monitoring of the Workplace
ECPA permits employers to monitor emails and calls if 1. employee consents 2. monitoring occurs during the ordinary course of business 3. employer provides email system
Fair Labor Standards Act
1983, regulates wages & child labor
Worker's Compensation
ensure that employees receive payments for injuries incurred at work, provide fixed, certain recovery to injured employee no matter who was at fault for accident however employee not allowed to sue employer for negligence
Social Security
1935 during Great Depression, pays benefits to workers who are retired, disabled or temporarily unemployed and to the spouses & children of disabled and deceased workers, financed by tax paid by current workers & employers & self-employed
Equal Pay Act of 1963
employee may not be paid at a lesser rate than employees of the opposite sex for equal work
*equal work--tasks that require same skill, effort, responsiblity under similar working conditions
Title 7 of Civil Rights Act of 1964
prohibts employers from discriminating on basis of race, color, religion, sex, or national origin
prohibits 1. discrimination in workplace 2. sexual harassment 3. discrimination because of pregnancy
2 ways to prove discrimination
disparate treatment
disparate impact
Disparate treatment
show plain discrimination, 1. plaintiff create a presumption that discrimination occured 2. defendent must present evidence that its decision was based on legitimate, nondiscriminatory reasons 3. to win, plaintiff must prove employer discriminated
Disparate impact
employer has a rule that isn't discriminatory but excludes too many people from a protected group, 1. plaintiff has to show disparate impact 2. defendent must offer evidence that employment practice was job-related business necessity 3. plaintiff must prove that either employer's reason is a pretext or that other, less discriminatory rules could achieve same result in order to win
religion
employers must make reasonable accomodation for a worker's religious beliefs unless the request would cause an undue hardship on the business.
Defenses to charges of discrimination
Merit ex. test results, education, productivity, seniority, bona fide occupational qualification allowed if essential to position ex: 1. sexy image 2. privacy 3. authenticity
***Race can NEVER be a bona fide occupational qualification
Affirmative action
not required by title 7 nor is it prohibited
Sexual harassment
unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature
Quid Pro quo
"This for that", occurs if any aspect of job is made contingent upon sexual activity
Hostile work environment
sexual talk and innuendo are so pervasive that they interfere with the employee's ability to work, more common
Company liable if...
victimized employee has suffered a "tangible employment action" such as firing, demotion, or reassignment
Company not liable if...
1. company used reasonable care to prevent and correct sexually harassing behavior 2. employee unreasonably failed to take advantage of complaint procedure or other preventative opportunities provided by company
Procedures and remedies
plaintiff must first file suit with Equal Employment Opportunity Commission, remedies are: hiring, reinstatement, retroactive seniority, back pay, reasonable attorney's fees, damages upto $300,000
Pregnancy
1978, treated as any other temporary disablity
Age discrimination
1967, prohibits age discrimination against employees and job applicants who are 40+
Americans with Disablities Act
1990, disabled person--someone with a physical or mental impairment that substantially limits a major life activity, employer may not disqualify job applicant/employee if with reasonable accomodation they can perform essential functions of the job but not possible if it creates undue hardship on the business
May an employer ask about any disablities before making a job offer?
NO, can only ask whether applicant can perform work
Employer can't require applicants to take medical exam unless...
1. exam is job-related 2. required for all applicants for similar jobs
Is medical illness treated as a disablity?
Yes, but courts are less understanding