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WGU Stuff > D352 Terms > Flashcards

D352 Terms Flashcards

1
Q

Disability defined by ADA

A

A physical or mental impairment that substantially limits one or more major life activities.

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2
Q

Key Employee defined by The Family and Medical Leave Act (FMLA)

A

A salaried employee who is among the highest-paid 10% of all employees within 75 miles of the worksite.

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3
Q

Agency

A

A legal relationship where one party (agent) is authorized to act on behalf of another (principal).

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4
Q

Appropriation of Image of Likeness

A

Using someone’s image or likeness for commercial purposes without permission.

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5
Q

Assumption of Risk

A

A legal defense where the plaintiff knowingly exposes themselves to a dangerous situation.

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6
Q

Authorization cards

A

Cards signed by employees indicating their interest in having a union represent them.

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7
Q

Bargaining unit

A

A group of employees with a clear community of interest who are represented by a union.

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8
Q

Bona Fide Occupational Qualification (BFOQ)

A

A job qualification that is reasonably necessary for the normal operation of a particular business.

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9
Q

Breach of Duty

A

The failure to meet the standard of care which can lead to liability.

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10
Q

Business Necessity

A

A legal defense in discrimination cases, showing that an employment practice is necessary for safe and efficient operations.

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11
Q

Closed shop

A

A workplace where only union members can be employed, now illegal under the Taft-Hartley Act.

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12
Q

Collective bargaining

A

The process in which a union and an employer negotiate terms and conditions of employment.

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13
Q

Compensatory Time under Fair Labor Standards Act
(FLSA)

A

Time off given instead of overtime pay, usually 1.5 hours off for each overtime hour worked.

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14
Q

Compliance Requirement under OSHA

A

Employers must comply with health and safety standards to ensure a safe working environment.

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15
Q

Concerted Activity under National Labor Relations Act (NLRA)

A

Actions taken by employees together to improve working conditions, protected under the NLRA.

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16
Q

Contributory Negligence

A

A legal doctrine where if the plaintiff is found to be partially at fault, they may be barred from recovering damages.

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17
Q

Defamation

A

False statements made that damage someone’s reputation.

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18
Q

Defined Benefit Plan

A

A retirement plan where the employer guarantees a specific retirement benefit amount.

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19
Q

Defined Contribution Plan

A

A retirement plan where the employer, employee, or both contribute, but the final benefit depends on investment performance.

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20
Q

Dual purpose mission

A

A task that serves both a business and personal purpose.

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21
Q

Due Diligence

A

The care that a reasonable person takes to avoid harm to other persons or property.

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22
Q

Due process

A

Legal requirement that an individual receives a fair and unbiased hearing before being deprived of life, liberty, or property.

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23
Q

Duty to bargain in good faith

A

The obligation of both employer and union to meet and negotiate in good faith during collective bargaining.

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24
Q

Employer

A

An individual or organization that pays workers for their labor and services.

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25
Q

E-verify

A

A system that allows businesses to verify the eligibility of their employees to work in the U.S.

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26
Q

Exempt Employee

A

An employee who is not entitled to overtime pay under FLSA, usually due to their duties and salary.

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27
Q

Fellow Servant Rule

A

A legal doctrine holding that an employer is not liable for injuries caused by one employee to another.

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28
Q

Fiduciary

A

An individual in a position of trust and responsibility, like managing retirement funds or company assets.

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29
Q

Fiduciary Duty

A

A legal obligation to act in the best interest of another party, typically in financial matters.

30
Q

Free-riders with regards to bargaining units

A

Employees who benefit from union negotiations without being members or paying dues.

31
Q

Frolic and detour

A

When an employee makes a significant departure from their work tasks, potentially making the employer not liable for their actions.

32
Q

Gender Plus Discrimination

A

Discrimination based on gender plus another factor, such as marital status or parental status.

33
Q

General Duty Clause under OSHA

A

Employers must provide a workplace free from recognized hazards that may cause death or serious physical harm.

34
Q

Going and coming rule

A

Employers are not generally liable for injuries sustained by employees while commuting to and from work.

35
Q

Illegal bargaining subjects

A

Topics that cannot be discussed in collective bargaining, such as discriminatory provisions.

36
Q

Impasse

A

When labor and management cannot agree on terms, and further negotiations are futile.

37
Q

Integrated enterprise

A

A group of related businesses considered as one for legal purposes, like employment law and discrimination cases.

38
Q

Intrusion Upon Seclusion

A

Invasion of privacy by unlawfully intruding into someone’s personal affairs.

39
Q

Lock out

A

When an employer prevents workers from entering the workplace during a labor dispute.

40
Q

Major Life Activity defined by ADA

A

Basic tasks like walking, seeing, hearing, speaking, breathing, learning, and working.

41
Q

Mandatory bargaining subjects

A

Topics that must be negotiated between employers and unions, such as wages, hours, and working conditions.

42
Q

Mass Layoff under Worker Adjustment and Retraining Notification (WARN) Act

A

When a company lays off at least 33% of the workforce or 500 employees within a 30-day period, triggering notice requirements.

43
Q

Negligent Hiring

A

The failure of an employer to conduct proper background checks, leading to hiring an unfit employee.

44
Q

Negligent Retention

A

Keeping an employee despite being aware that they pose a danger or risk to others.

45
Q

NLRB

A

The National Labor Relations Board
* Enforces labor laws
* Oversees union elections

46
Q

Non-exempt Employee

A

An employee who is entitled to overtime pay under the Fair Labor Standards Act.

47
Q

Permissive bargaining subjects

A

Topics that may be discussed in collective bargaining but are not required, like benefits or dress codes.

48
Q

Placement in a False Light

A

Publicly misrepresenting someone in a way that would be offensive or embarrassing to a reasonable person.

49
Q

Plant Closing under WARN Act

A

A permanent or temporary shutdown of a single site of employment, affecting 50 or more employees.

50
Q

Precedent

A

A previous court decision that guides the resolution of similar cases in the future.

51
Q

Prima Facie Case

A

The establishment of a legally required rebuttable presumption.

52
Q

Progressive Discipline

A

A system where increasingly severe penalties are imposed for repeated infractions.

53
Q

Public Disclosure of Private Facts

A

Sharing private information about someone that is not of public concern and is offensive if disclosed.

54
Q

Reasonable Accommodation

A

Modifications or adjustments to a job or work environment that enable a person with a disability to perform essential job functions.

55
Q

Respondeat Superior Doctrine

A

Legal doctrine that holds an employer liable for the actions of an employee if the employee was acting within the scope of their employment.

56
Q

Retaliation

A

Punishing an employee for engaging in legally protected activity, like filing a discrimination complaint.

57
Q

Reverse Discrimination

A

Discrimination against members of a majority or historically advantaged group.

58
Q

Right to work laws

A

State laws that prohibit requiring union membership as a condition of employment.

59
Q

Scope of employment

A

The activities an employee performs as part of their job duties, for which the employer is generally liable.

60
Q

Serious health condition under FMLA

A

An illness, injury, impairment, or physical/mental condition that involves inpatient care or continuing treatment.

61
Q

Supremacy Clause

A

The constitutional provision that federal law takes precedence over state law when there is a conflict.

62
Q

Tort

A

A civil wrong that causes harm or loss to another person, leading to legal liability.

63
Q

Undue Hardship

A

A significant difficulty or expense imposed on an employer when accommodating an employee’s disability or religious practices.

64
Q

Unfair labor practice under NLRA

A

Actions by employers or unions that violate employees’ rights under the National Labor Relations Act.

65
Q

Vesting (in terms of pension plans)

A

The point at which an employee has a non-forfeitable right to benefits from a retirement plan.

66
Q

Vicarious liability

A

Legal responsibility of one party for the actions of another, like an employer being liable for employee actions.

67
Q

Wildcat strike

A

A strike by workers without the authorization or approval of the union.

68
Q

Worker’s Compensation

A

Insurance that provides benefits to employees who are injured or become ill as a result of their job.

69
Q

Workweek defined in FLSA

A

Any fixed, recurring period of 168 consecutive hours, usually 7 consecutive 24-hour periods.

70
Q

Yellow dog contract

A

An agreement where employees promise not to join a union, now illegal.

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