Business Law 2 Flashcards
What does the acronym PBGC stand for?
Pension Benefit Guaranty Corporation.
What is the purpose of pension and retirement plan liability?
Pension and retirement plan liability protects plans by establishing standards of responsibility and conduct upon plan fiduciaries.
What is the purpose of the Employee Retirement Income Security Act of 1974 (ERISA)?
- Protect employee rights in existing pension plans; 2. Offer tax incentives to employers and employees to fund employee benefit plans.
List the two types of plans to which the Employee Retirement Income Security Act of 1974 (ERISA) apply.
- Employee pension benefit plans; 2. Employee welfare benefit plans.
Define “defined-contribution plans”.
Plans that specify annual fixed-share contributions to be made by an employer into a retirement account.
Define “defined-benefit plans”.
Plans that ensure eligible employees and their beneficiaries a specified monthly income for life.
What are the duties of a fiduciary?
Act with reasonable care and discharge duties solely in interests of plan’s participants.
What does the acronym COBRA stand for?
Consolidated Budget Reconciliation Act.
What is the purpose of the Occupational Safety and Health Act of 1970?
To promote safety standards and job safety.
Distinguish between mandatory and elective coverage of workers’ compensation benefits.
Most states require all employers to carry workers’ compensation plans. In some states it is elective, however, those who elect not to carry benefits can be sued by injured employees.
What two qualifying events give rise to health coverage under the Consolidated Omnibus Budget Reconciliation Act (COBRA)?
Termination or Reduction of hours causing loss of health insurance.
What is the purpose of the Workers’ Compensation Act?
To provide nearly-automatic compensation for employees who suffer work-related injuries or diseases.
What amount of leave is an eligible employee entitled to under the Family and Medical Leave Act of 1993?
12 weeks of unpaid leave without losing the job.
Define “quid pro quo”.
The concept of getting something of value in return for giving something of value. For a contract to be binding, it usually must involve the exchange of something of value.
List the employers who are exempt from Occupational Safety and Health Act of 1970 regulations.
Federal government, State government, Certain industries subject to other safety regulations.
What does the acronym OSHA stand for?
Occupational Safety and Health Act of 1970
What are the requirements for an employee to be eligible for the benefits outlined in the Family and Medical Leave Act (FMLA)?
Employee must have worked for employer: At least 12 months; AND at least 1250 hours in those months.
What entities are covered by the Family and Medical Leave Act (FMLA)?
- Employers with over 50 employees in a 75 mile radius; 2. State and local government agencies.
To whom does the Consolidated Omnibus Budget Reconciliation Act (COBRA) apply?
Companies with 20 or more employees.
Define “lock-out”.
Action taken by employers to bar workers from coming to work, sometimes in anticipation of a threatened strike.
List the worker’s rights protected by the National Labor Relations Act.
Right to form a union; Right to collectively bargain; Right to act collectively (strike).
What Act is known as the Taft-Hartley Act, named after its sponsors, Senator Robert Taft and Representative Fred A. Hartley, Jr.?
The Labor-Management Relations Act of 1947.
Define “agency shops”.
Agreements allowing employees not to join the union but to pay fees to cover union services.
List actions that are deemed union unfair labor practices.
Coercing employees; Requiring employees not to do business with nonunion companies; Refusing to bargain collectively in good faith; Illegal strike or secondary boycott.
List actions that are deemed employer unfair labor practices.
Interfering with organizing activity; Bribing workers; Threatening workers; Refusing to bargain collectively in good faith; Dominating union; Discriminating against union members.
What percentage of employees must sign authorization cards to enable a union to seek certification?
30%.
What Act prohibits court injunctions against many union organizing activities, particularly peaceful strikes?
The Norris-LaGuardia Act.
Define “collective bargaining”.
Negotiations between management and a union.
List actions that are deemed unfair labor practices.
Coercing employees; Requiring employees not to do business with nonunion companies; Refusing to bargain collectively in good faith; Illegal strike or secondary boycott.
What Act is known as the Landrum-Griffin Act?
The Labor-Management Reporting and Disclosure Act of 1959.
What Act is known as the Wagner Act, named after its sponsor New York Senator Robert F. Wagner?
The National Labor Relations Act of 1935.
Define “market power”.
The ability to raise prices without losing most customers.
What is the main goal of antitrust laws?
To promote economic competition.
List some examples of antitrust statues.
- The Sherman Act (1890); 2. The Clayton Act (1914); 3. Federal Trade Commission Act (1914); 4. Robinson-Patman Act (1936);
Define “collusion”.
Activity that may be evidenced by communications between the parties, opportunity to conspire, uniformity of action, etc.
What activity is generally exempt from antitrust laws?
Labor union collective bargaining activity.
True or False: §1 of the Sherman Act bans contracts, combinations, or conspiracies in restraint of trade.
True. The Sherman Act bans these activities.
List the elements of copyright ability?
An expressive work must be Fixed in some tangible medium of expression; Creative; Original.
List the uses of material that may be protected against copyright infringement claims by the “fair use” defense.
Criticism; Comment; News reporting; Teaching; Scholarship; Research.
What protections are provided by copyrights?
They protect original works of authorship.
List the four types of intellectual property.
Copyright, Patent, Trademark, Trade Secret.
What is the length of a copyright protection?
Usual: Life of author + 70 years; Work for hire: shorter of 95 years from date of publication or 120 years from date of creation.