Mbfe 653: Chapter 51 - Employment Law

Front 1

Worker Compensation, Occupational Safety and Health Act, Family and Medical Leave Act

Back 1

Protecting the health, safety and well being of workers and their families

Front 2

Unemployment Compensation, Social Security, ERISA, Fair Labor Standards Act

Back 2

Protecting wages, pensions, and benefits

Front 3

Labor Law

Back 3

Collective bargaining and union activity

Front 4

Equal Pay Act, Title VII, Age Discrimination, Americans with Disabilities Act, Other Federal and State Measures

Back 4

Protecting equal opportunity

Front 5

Employee polygraph Protection Act, Various restrictions on drug testing, searches, surveillance, improper use of records, unfair references

Back 5

Protecting employee privacy

Front 6

Exceptions to employment at will

Back 6

Enhancing job security

Front 7

Where an employee's injuries resulted from the negligence of a co employee (or fellow servant) the employer was not liable

Back 7

Fellow-Servant Rule

Front 8

(1) Contributory Negligence (2) Assumption of Risk (3) Fellow-Servant Rule

Back 8

Types of Traditional Employer Defenses

Front 9

(1) Hospital and Medical expenses (2) disability benefits (3) Specified recoveries for the loss of certain body parts and (4) death benefits to survivors

Back 9

Workers Compensation Recoveries

Front 10

The injury (1) must arise out of the employment and (2) happen in the course of employment

Back 10

Work Related Injury Requirement

Front 11

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

Back 11

Occupational Health and Safety Act

Front 12

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

Back 12

The Family and Medical Leave Act

Front 13

embers of deceased workers, disability benefits, and medical and hospitalization benefits for the elderly

Back 13

Social Security

Front 14

Law that protects employees after their employment ends for discharged workers

Back 14

Unemployment Compensation

Front 15

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

Back 15

Employee Retirement Income Security Act (ERISA)

Front 16

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.

Back 16

Fair Labor Standards Act

Front 17

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)

Back 17

National Labor Relations Act

Front 18

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).

Back 18

Labor Management Relations Act (Taft-Hartley Act)

Front 19

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.

Back 19

Equal Pay Act

Front 20

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.

Back 20

Title VII (of the 1964 Civil Rights Act)

Front 21

Suits involving situations in which an employer has treated an individual differently because of race, sex, color, religion or national origin.

Back 21

Title ViII Disparate Treatment Suits

Front 22

A case strong enough to create a presumption of discrimination and to require a counter argument from the defendant

Back 22

Prima Facie Case

Front 23

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.

Back 23

Disparate Impact

Front 24

Treating people differently. Certain religion, race, color, gender, national origin

Back 24

Disparate Treatment

Front 25

(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.

Back 25

Title VII Defenses

Front 26

Some express or implied linkage between an employees submission to sexually oriented behavior and tangible job consequences.

Back 26

Quid Pro Quo Sexual Harassment

Front 27

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.

Back 27

Hostile Environment Harassment

Front 28

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.

Back 28

Section 1981

Front 29

Prohibits age discrimination in employment for those that are at least 40 years of age

Back 29

Age Discrimination in Employment Act

Front 30

Federal regulation of employment discrimination against people with disabilities primarily enforced by EEOC and procedures and remedies are the same as for Title VII

Back 30

Americans with Disabilities Act

Front 31

Forbids Race, color, national origin, religion and sex discrimination by certain federal contractors. Includes affirmative action and quota like preferences.

Back 31

Executive Order 11246

Front 32

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

Back 32

Comparable Worth

Front 33

Polygraph Testing, Drug and Alcohol Testing, Employee Searches, Record and References, Employee Monitoring

Back 33

Areas Involving Employee Privacy