D352 Terms Flashcards
Disability defined by ADA
A physical or mental impairment that substantially limits one or more major life activities.
Key Employee defined by The Family and Medical Leave Act (FMLA)
A salaried employee who is among the highest-paid 10% of all employees within 75 miles of the worksite.
Agency
A legal relationship where one party (agent) is authorized to act on behalf of another (principal).
Appropriation of Image of Likeness
Using someone’s image or likeness for commercial purposes without permission.
Assumption of Risk
A legal defense where the plaintiff knowingly exposes themselves to a dangerous situation.
Authorization cards
Cards signed by employees indicating their interest in having a union represent them.
Bargaining unit
A group of employees with a clear community of interest who are represented by a union.
Bona Fide Occupational Qualification (BFOQ)
A job qualification that is reasonably necessary for the normal operation of a particular business.
Breach of Duty
The failure to meet the standard of care which can lead to liability.
Business Necessity
A legal defense in discrimination cases, showing that an employment practice is necessary for safe and efficient operations.
Closed shop
A workplace where only union members can be employed, now illegal under the Taft-Hartley Act.
Collective bargaining
The process in which a union and an employer negotiate terms and conditions of employment.
Compensatory Time under Fair Labor Standards Act
(FLSA)
Time off given instead of overtime pay, usually 1.5 hours off for each overtime hour worked.
Compliance Requirement under OSHA
Employers must comply with health and safety standards to ensure a safe working environment.
Concerted Activity under National Labor Relations Act (NLRA)
Actions taken by employees together to improve working conditions, protected under the NLRA.
Contributory Negligence
A legal doctrine where if the plaintiff is found to be partially at fault, they may be barred from recovering damages.
Defamation
False statements made that damage someone’s reputation.
Defined Benefit Plan
A retirement plan where the employer guarantees a specific retirement benefit amount.
Defined Contribution Plan
A retirement plan where the employer, employee, or both contribute, but the final benefit depends on investment performance.
Dual purpose mission
A task that serves both a business and personal purpose.
Due Diligence
The care that a reasonable person takes to avoid harm to other persons or property.
Due process
Legal requirement that an individual receives a fair and unbiased hearing before being deprived of life, liberty, or property.
Duty to bargain in good faith
The obligation of both employer and union to meet and negotiate in good faith during collective bargaining.
Employer
An individual or organization that pays workers for their labor and services.
E-verify
A system that allows businesses to verify the eligibility of their employees to work in the U.S.
Exempt Employee
An employee who is not entitled to overtime pay under FLSA, usually due to their duties and salary.
Fellow Servant Rule
A legal doctrine holding that an employer is not liable for injuries caused by one employee to another.
Fiduciary
An individual in a position of trust and responsibility, like managing retirement funds or company assets.
Fiduciary Duty
A legal obligation to act in the best interest of another party, typically in financial matters.
Free-riders with regards to bargaining units
Employees who benefit from union negotiations without being members or paying dues.
Frolic and detour
When an employee makes a significant departure from their work tasks, potentially making the employer not liable for their actions.
Gender Plus Discrimination
Discrimination based on gender plus another factor, such as marital status or parental status.
General Duty Clause under OSHA
Employers must provide a workplace free from recognized hazards that may cause death or serious physical harm.
Going and coming rule
Employers are not generally liable for injuries sustained by employees while commuting to and from work.
Illegal bargaining subjects
Topics that cannot be discussed in collective bargaining, such as discriminatory provisions.
Impasse
When labor and management cannot agree on terms, and further negotiations are futile.
Integrated enterprise
A group of related businesses considered as one for legal purposes, like employment law and discrimination cases.
Intrusion Upon Seclusion
Invasion of privacy by unlawfully intruding into someone’s personal affairs.
Lock out
When an employer prevents workers from entering the workplace during a labor dispute.
Major Life Activity defined by ADA
Basic tasks like walking, seeing, hearing, speaking, breathing, learning, and working.
Mandatory bargaining subjects
Topics that must be negotiated between employers and unions, such as wages, hours, and working conditions.
Mass Layoff under Worker Adjustment and Retraining Notification (WARN) Act
When a company lays off at least 33% of the workforce or 500 employees within a 30-day period, triggering notice requirements.
Negligent Hiring
The failure of an employer to conduct proper background checks, leading to hiring an unfit employee.
Negligent Retention
Keeping an employee despite being aware that they pose a danger or risk to others.
NLRB
The National Labor Relations Board
* Enforces labor laws
* Oversees union elections
Non-exempt Employee
An employee who is entitled to overtime pay under the Fair Labor Standards Act.
Permissive bargaining subjects
Topics that may be discussed in collective bargaining but are not required, like benefits or dress codes.
Placement in a False Light
Publicly misrepresenting someone in a way that would be offensive or embarrassing to a reasonable person.
Plant Closing under WARN Act
A permanent or temporary shutdown of a single site of employment, affecting 50 or more employees.
Precedent
A previous court decision that guides the resolution of similar cases in the future.
Prima Facie Case
The establishment of a legally required rebuttable presumption.
Progressive Discipline
A system where increasingly severe penalties are imposed for repeated infractions.
Public Disclosure of Private Facts
Sharing private information about someone that is not of public concern and is offensive if disclosed.
Reasonable Accommodation
Modifications or adjustments to a job or work environment that enable a person with a disability to perform essential job functions.
Respondeat Superior Doctrine
Legal doctrine that holds an employer liable for the actions of an employee if the employee was acting within the scope of their employment.
Retaliation
Punishing an employee for engaging in legally protected activity, like filing a discrimination complaint.
Reverse Discrimination
Discrimination against members of a majority or historically advantaged group.
Right to work laws
State laws that prohibit requiring union membership as a condition of employment.
Scope of employment
The activities an employee performs as part of their job duties, for which the employer is generally liable.
Serious health condition under FMLA
An illness, injury, impairment, or physical/mental condition that involves inpatient care or continuing treatment.
Supremacy Clause
The constitutional provision that federal law takes precedence over state law when there is a conflict.
Tort
A civil wrong that causes harm or loss to another person, leading to legal liability.
Undue Hardship
A significant difficulty or expense imposed on an employer when accommodating an employee’s disability or religious practices.
Unfair labor practice under NLRA
Actions by employers or unions that violate employees’ rights under the National Labor Relations Act.
Vesting (in terms of pension plans)
The point at which an employee has a non-forfeitable right to benefits from a retirement plan.
Vicarious liability
Legal responsibility of one party for the actions of another, like an employer being liable for employee actions.
Wildcat strike
A strike by workers without the authorization or approval of the union.
Worker’s Compensation
Insurance that provides benefits to employees who are injured or become ill as a result of their job.
Workweek defined in FLSA
Any fixed, recurring period of 168 consecutive hours, usually 7 consecutive 24-hour periods.
Yellow dog contract
An agreement where employees promise not to join a union, now illegal.
