Chapter 11: Employer - Employee rlts Flashcards
1
Q
who may work?
A
- strictly regulate labor of person <18
- 16-17: barred from hazardous work (driving motor vehicles, mining, logging, wrecking)
- 14-15 : may work in some office or sales jobs in retail, food service and gasoline service but not during school hours
- any age: deliver paper, act in movies, work on farm owned by parents
2
Q
what work may be done?
A
scores of occupations from commercial aviator to x-ray technician require a license obtainable only by persons who have prescribed education and experience
3
Q
when may the work be done?
A
- at least 1 day ea week is set aside for rest and recreation
4
Q
where may the work be done?
A
right-to-know laws - require disclosure to workers of information abt hazardous chemical substances they are likely to be exposed
5
Q
how may the work be done?
A
Occupational safety and health administration (OSHA) has a mission to ensure safe and healthful workplaces in America.
6
Q
How many consecutive hours of work may be required in certain occupations?
A
regulations control the maximum # of hours that certain employees, such as bus driver, airline pilots, can be on duty w/o time off for sleep
7
Q
how much must be paid for labor?
A
both fed and state level, minimum wages have been in effect since great depression
- coupled with regulations of maximum hours of work that employers may demand w/o the payment of “time and a half” for overtime
8
Q
do workers have legal right to unionize?
A
workers have right to organize into union of their own choice and require employers to bargain collectively w the representatives of such unions over wages, hrs…
9
Q
employer-employee rlts
A
- principal - agent
- employer - ordinary employee
- contracting employer - independent contractor
10
Q
AGENCY
A
rlts in which, by mutual consent, en employee is authorized to represent and bind an employer in business dealing w thrid parties
11
Q
agent
A
a person employed by a principal to deal w 3 party and to make contracts binding the principal to the 3rd parties. An agent is a fiduciary of the principal
12
Q
principal
A
the person who empowers an agent to enter contracts on her behalf
13
Q
principal - agent
A
- a rlts b/t 2 persons
- principle: employer wanting to get sth done
- agent: employee who is authorized by principle to do specified job as a representative of the principal
- rlts is consensual
- agent represents and acts on behalf of principal
- agent who acts beyond the scope of his authority is personally liable to the 3rd party, principal not liable
14
Q
employee
A
person who agrees by contract to perform work as directed and controlled by an employer in exchange for compensation
15
Q
respondeat superior - let the master answer
A
a legal doctrine holding employers liable for injuries caused 3rd persons by their employees who were negligent while acting within the course and scope of their employment
16
Q
supporting theories for respondeat superior
A
- employer has the right to control the acts of agent or employee -> responsible for inuries arising out of such service
- employer profits from employee’s service, she should also suffer the loss
- deep pocket theory: employer is more likely to be able to pay for losses
17
Q
questions to determine if employer’s act occured within the scope of employment
A
- Did the employer authorize the act. YES -> Yes
- What were the time, place, purpose of the act? On worksite -> Yes
- Was the act one commonly performed by employees for employer? Y -> Y
- to what extent was employer’s interest advanced by the act? benefit employer -> Y
- to what extent, were the private interests of employee involved? benefit employee -> no
- did employer furnish the means? y -> y
- did the employer expect employee do the act? Had employee done the act b4? Y Y -> Y
- Did the act involve the commission of a serious crime? Y -> N
18
Q
independent contractor
A
- person who is hired to do a specific job, who retains control over how that job is done
- respondeat superior does not apply
- permissible to ask illegal questions
19
Q
What control does employer exercise over the details of the work? (contracting employer)
A
little or no control
20
Q
does employed person work in an occupation or business distint from employer? contracting employer
A
different business
21
Q
is work usually done under employer’s direction or unsupervised specialist? contracting employer
A
little or no
22
Q
does employer supply tools or equipment required at the place of work?contracting employer
A
no
23
Q
how long is period of employment?contracting employer
A
dhort
24
Q
method of payment - by time period or upon completion of the job? contracting employer
A
payment upon completion
25
what degree of skill is required of the person employed?contracting employer
high degree of skill
26
Constitutional right to work
- NO constitutional right to work for pay
27
Civil Rights act of 1964 (Title 7)
fed laws that makes it unlawful for employers of 15 or more, engaged in interstate commerce, to discriminate with respect to employment against any individual because of race, color, religion sex...
28
protected class
a classification of persons defined by 1 or more of these criteria: race, color, gender, national origin, age, religion.
29
disparate treatment
less favorable treatment on the basis of race, color, religion, gender, age, national origin
30
disparate impact
an ostensibly neutral employment criterion that has an adverse discriminatory impact upon a protected group
31
discrimination is permitted only if:
in conformance with a bona fide
(1) pre-act system
(2) merit system
(3) system that measures earnings by quantity, quality of production
(4) system that based on results of a professionally developed ability test not designed or intended to discriminate on any barred bases, providing that the test is job-related
32
bona fide occupational qualification (BFOQ)
selection criteria that serve a legitimate business interest which are justified although they have a disparate impact
33
sexual harrassment
a form of illegal gender discriminatin there in
(1) job opportunities, promotions are given on the basis of sexual favors
(2) the employee is subjected to a work environment where employee must put u with sexual comments, jokes, or sexually offensive physical contacts
34
quid pro quo - something for something
expression used in sexual harassment situations when sexual favors or demands are a term or condition of an individual's employment, or the basis for employment decisions affecting such individual
35
hostile environment
conduct by others in workplace that has the purpose or effect of unreasonably interfering w an individual's work performance or creating an intimidating, hostile, or offensive working environment
36
inequality in pay is permitted if based on
(1) seniority
(2) merit
(3) quality/quantity of production
(4) factor other than gender
37
comparable worth
same wage should be paid for jobs that have equal societal and economic value based on such factors as required preparation, skill, efoort, responsibility, working conditions
38
age discrimination in employment act of 1967
fed law that added "advanced age" (>40) to attributes listed in the Civil Right Act of 1964 that may not be used negatively in employment decisions
39
affirmative action programs
programs that require that preference in hiring be given to some statutorily protected group
40
reverse discrimination
such programs (affirmative actions) discriminate against male and white workers
41
Americans with disabilities act of 1990 (ADA)
fed law that bars discrimination in the employment of capable handicapped persons by both private and public employers, and that requires reasonable accommodations for their special needs
42
Americans with disabilities act of 1990 (ADA)
fed law that bars discrimination in the employment of capable handicapped persons by both private and public employers, and that requires reasonable accommodations for their special needs
43
disability
1. has a physical or mental that substantially limits one or more major life activities
2. has a record of such impairment
3. is regarded as having such an impairment
44
undue hardship
an action or accommodation that is excessively costly, extensive, substantial, disruptive or would fundamentally alter the nature or operation of the business
45
duty to follow lawful instructions
an employee is duty bound to obey reasonable orders and to comply with reasonable rules. Failure to follow is insubordination, which is ground for discharge or other discipline
46
duty of care
every employee is duty bound to use reasonable skill in performing assigned work, to perform it conscientiously and to do nothing contrary to the interests of the employer
47
duty of loyalty
- employee has the duty to act to benefit the employer
- any information or knowledge learned through employment rlts is confidential
- an employee hired to sell st cannot also be the buyer unless the employer specifically agrees to it.
48
interference with an economically advantageous rlts
a knowing and wrongful interference w the promised performance of another person's contract
49
contort
contract tainted by tort
50
at-will employment
term used to indicate that an employment contract maybe terminated at any time by either employee or employer w/o liability
51
just cause
an action based on reasonable grounds and fair treatment ; lawful reasons for taking an action.
52
fed and state statutes on employment
restrict an employer's ability to fire at will
53
public policy on employment
- sometimes, firing an employee violates a judicially recognized public policy.
- employee will not be fired for performing an act encouraged by public need
- not be fired for refusing to perform illegal or wrongful act
54
whistleblower
person making an disclosure abt improper conduct by an organization or organization officer or official
55
implied contract theory on employment
implied contract theory may protect employees from arbitrary firing.
56
tort theory on employment
- firing is done in an abusive manner, employer's act might be found to be either the tort of intentional infliction of emotional distress or defamation
57
minimum wage
- by The Fair Labor Standards Act of 1938 (FLSA)
- since 09, it's 7.25 for workers at least 20 yrs old
- <20: may be hired for 90 days no less than 4.25/hr
- employer must withold fed income taxes, SS taxes and pay directly to gov.
58
Occupational Safety and Health Act of 1970 (OSHA)
a fed law to assure safe and healthful working conditions by authority enforcement of health and safety standards
59
fringe benefit
- constitution: NO
- legislation, competition, union: YES
- Social security is the most important fringe benefit.
60
employment retirement income security act (ERISA)
- fed legislation regulating private pension plans that supplement social security
- regulate defined benefit plans
61
defined benefit plans
plans that provide for the payment of determinable retirement income benefits
62
Individual retirement accounts (IRAs)
federally authorized private pension plans in which qualified employees contribute a certain % of their income, taxfree, to their retirement accounts until retirement
63
roth IRA
a form of individual retirement account authorized by fed law that allows a taxpayer to contribute after-tax dollars to the account so that earnnings are not taxed when withdrawn
64
401(k) plan
retirement savings account taking its name from the Internal Revenue Code of 1978. The plan is funded by employee contributions from employer. Contributions are taken from pretax salary, and the funds grow tax-free until withdrawn
65
Family and Medical Leave Act of 1993 (FMLA)
- a fed law requiring employers with 50 or more employees to grant employees leave for certain family puroses related to childcare and family health
- public agencies/ local educational agencies are covered even if <50 employees.
- allows employee to take up to 12 weeks leave in any 12-month period
- leave does not need to be paid
- health benefit provided
66
reasons for proper family leave
- care for child newly placed w employee for adoption or foster care
- care for immediate family member w serious health condition
- unable to work b/c of serious health condition
67
drug testing in workplace
- employer is gov agency -> testing is not protected by 4th amendment of US Constitution -> test is only constitutional only if there is reasonable basis for suspecting the employee's use of drugs.
68
Employee polygraph protection act
prohibits employers from
(1) requiring, suggesting, requesting, causing employees to take lie-detector test
(2) using, accepting, referring to, asking abt test taken by employees
(3) taking or threatening negative employment-related action against employees or applicants based on results of lie-detector test or b/c they refuse to take the test
69
monitoring job performance
- fed law recognize the right of employers to listen in on telephone conversations to monitor employees' performance. State laws vary.
70
union
association of workers formed to bargain collectively w employers over wages, hrs, conditions of employment
71
pciketing
patrolling by strikers or sympathizers, generally at the entrances to a business plant, during a labor dispute
72
anti-injunction act of 1932 (Norris-La Guardia Act)
fed law that restricts the issuance of injunctions in labor disputes, outlaws yellow dog contracts, and exempt unions from legal attack as monopolies
73
yellow dog contract
en employment contract in which worker agrees not to join a union
74
national labor relations act of 1935 (wagner act)
- recognizes the right of workers to organize into unions of their own choice, duty of employers to bargain collectively w unions over wages, hours, and conditions of employment.
- provides a list of unfair labor practice by management
75
collective bargaining
right given to union to bargain w employer over terms of employment
76
freeloader
a worker in the group but not member of union
77
Labor-Management relations act of 1947 (Taft-Harley Act)
- fed law that lists unfair labor practices of unions. It outlaws the closed shop and secondary boycott
78
closed shop
a place of employment where workers must join a union b4 they can be hired.
- made illegal by Taft-Harley Act
79
secondary boycotts
occurs when striking workers picket or use other pressure against a neutral 3rd party who supplies or buys from the struck employer
80
open shop
company where union membership is not a requirement to get or keep a job
81
union shop
place of employment where newly hired workers must join the union within 30 days of being hired
82
agency shop
company in which all employees in the bargaining unit must pay union dues regardless of whether they are union members
83
Labor-Management reporting and disclosure act of 1959 (Landrum Griffin Act)
mandates open, democratic internal gov of unions
84
strike
a concerted refusal by employees to perform services for which they were hied, generally in order to gain recognition of a union, or improvements in wages, hrs, or conditions
85
lockout
a shutdown of operations by an employer in response to union demands or to achieve other changes in an employment contract
86
economic strike
a strike in which workers seek a change in wages, hrs, conditions
87
strikebreakers
person hired to take the place of workers who are out on strike.
- economic strike: strikebreakers may be retained as permanent replacement
88
unfair labor practice strike
a strike in which the workers are protesting an unfair labor practice of their employer
89
sit-down strike
illegal strike in which strikers remain in their places of employment but refuse to work
90
wildcat strike
unlawful strike of union members that takes place w/o the approval of the union leaders
