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33 Cards in this Set

  • Front
  • Back
Worker Compensation, Occupational Safety and Health Act, Family and Medical Leave Act
Protecting the health, safety and well being of workers and their families
Unemployment Compensation, Social Security, ERISA, Fair Labor Standards Act
Protecting wages, pensions, and benefits
Labor Law
Collective bargaining and union activity
Equal Pay Act, Title VII, Age Discrimination, Americans with Disabilities Act, Other Federal and State Measures
Protecting equal opportunity
Employee polygraph Protection Act, Various restrictions on drug testing, searches, surveillance, improper use of records, unfair references
Protecting employee privacy
Exceptions to employment at will
Enhancing job security
Where an employee's injuries resulted from the negligence of a co employee (or fellow servant) the employer was not liable
Fellow-Servant Rule
(1) Contributory Negligence (2) Assumption of Risk (3) Fellow-Servant Rule
Types of Traditional Employer Defenses
(1) Hospital and Medical expenses (2) disability benefits (3) Specified recoveries for the loss of certain body parts and (4) death benefits to survivors
Workers Compensation Recoveries
The injury (1) must arise out of the employment and (2) happen in the course of employment
Work Related Injury Requirement
An act imposing duties on an employer to provide their employees with a workplace and jobs free from recognized hazards that may cause death or serious injury
Occupational Health and Safety Act
Covered employees are entitled to a total of 12 workweeks of leave during any 12 month period for one or more of the following reasons: (1) the birth of a child and the need to care for that child; (2) the adoption of a child; (3) the need to care for a spouse, child or parent with a serious health condition; and (4) the employee's own serious health condition
The Family and Medical Leave Act
embers of deceased workers, disability benefits, and medical and hospitalization benefits for the elderly
Social Security
Law that protects employees after their employment ends for discharged workers
Unemployment Compensation
Pension guidelines and fiduciary duties on pension fund managers imposing record keeping, reporting and disclosure , employee participation guarantees, funding requirements and vesting requirements for employer plans
Employee Retirement Income Security Act (ERISA)
Regulation for wages and hours by entitling covered employees to (1) a specified minimum wage whose amount changes over time and (2) a time-and-a-half rate for work exceeding 40 hours per week. Also forbids child labor.
Fair Labor Standards Act
Gave workers the right to organize and bargain collectively. Also prohibited (1) interfering with employees' rights to form, join, and assist labor unions; (2) dominating or interfering with the formation or administration of a labor union, or giving a union financial or other support; (3) discriminating against employees in hiring, tenure, or any term of employment due to their union membership; (4) discriminating against employees because the have filed charges or given testimony under the NRLA; and (5) refusing to bargain collectively with the duly designated employee representative. Also established the National Labor Relations Board (NLRB)
National Labor Relations Act
Amendment to the NLRA that declared certain acts by unions are unfair labor practices. These include (1) restraining or coercing employees in the exercise of their guaranteed bargaining rights (e.g. their right to refrain from joining a union); (2) causing an employer to discriminate against employee who is not a union member; refusing to bargain collectively with an employer; (4) conducting a secondary strike of a secondary boycott for a specified illegal purpose; (5) requiring employees covered by union-shop contracts to pay excessive or discriminatory initiation fees or dues; and (6) feather bedding (forcing an employer to pay for work not actually performed).
Labor Management Relations Act (Taft-Hartley Act)
Act forbidding sex discrimination regarding pay. Requirements are met if the plaintiff's job and the higher paid male employee's job involved each of the following: (1) equal effort, (2) equal skill, (3) equal responsibility, and (4) similiar working conditions.
Equal Pay Act
A wide ranging employment discrimination a provision that prohibits discrimination based on race, color, religion, sex and national origin in hiring, firing, job assignments, pay, access to training and apprentice programs, and most other employment decisions.
Title VII (of the 1964 Civil Rights Act)
Suits involving situations in which an employer has treated an individual differently because of race, sex, color, religion or national origin.
Title ViII Disparate Treatment Suits
A case strong enough to create a presumption of discrimination and to require a counter argument from the defendant
Prima Facie Case
The plaintiff ordinarily maintain that the employer uses a particular practice that is neutral on its face but has disproportionate adverse effect on one of Title VII's protect groups.
Disparate Impact
Treating people differently. Certain religion, race, color, gender, national origin
Disparate Treatment
(1) Seniority; (2) Various 'Merit' defenses (Bona fide); (3) Bona fide occupational qualification (BFOQ) that is reasonably necessary to the business in question; (4) Business necessity.
Title VII Defenses
Some express or implied linkage between an employees submission to sexually oriented behavior and tangible job consequences.
Quid Pro Quo Sexual Harassment
When an employee is subjected to unwelcome, sex related behavior that is sufficiently severe or pervasive to change the condition of the victims employment and create an abusive working environment.
Hostile Environment Harassment
Sets employment discrimination standards resembling those of Title VII. This section forbids public and private employment discrimination against blacks, people of certain racially characterized national origins such as Mexicans, and ethnic groups such as gypsies and Jews. Also covers plaintiffs with certain advantages that Title VII does not provide.
Section 1981
Prohibits age discrimination in employment for those that are at least 40 years of age
Age Discrimination in Employment Act
Federal regulation of employment discrimination against people with disabilities primarily enforced by EEOC and procedures and remedies are the same as for Title VII
Americans with Disabilities Act
Forbids Race, color, national origin, religion and sex discrimination by certain federal contractors. Includes affirmative action and quota like preferences.
Executive Order 11246
Applies to public employees stating that state governments should not discriminate in pay between female-dominated and male-dominated jobs of comparable overall worth to the employer
Comparable Worth
Polygraph Testing, Drug and Alcohol Testing, Employee Searches, Record and References, Employee Monitoring
Areas Involving Employee Privacy