Employee Relations Flashcards
prevent restriction of free trade. First law to have an impact on organized labor.
Sherman Anti-Trust Act of 1890
clarified Sherman, but exempted labor unions except for instances of threat of damage to property.
Clayton Anti-Trust Act of 1914
to prevent strikes, must seek ADR. President may declare national emergency and make employees return to work for 90 days.
Railway Labor Act of 1926
set standards for minimum wage, hours, overtime, and child labor.
FLSA
identifies unfair union practices (fees, discrimination, etc.)
Labor Management Relations/Taft-Harley Act of 1947
larger employers to give 60 day notice of mass layoffs/closure. A mass layoff is defined as 500 employees or 33% of the workforce.
Worker Adjustment and Retraining Notification Act (WARN) of 1988
three exemptions to WARN
Three exemptions:
Faltering company – seeking funding and same could be jeopardized.
Unforeseeable business circumstance (unexpected)
Natural disaster
body of law established by judicial decisions.
common law
violations may result in a tort.
tort
when employer has made the workplace and conditions so intolerable that employees feel forced to quit.
constructive discharge
employer fails to provide a promised reward to an employee. If the promise was clear, specific, and reasonable, and if the employee took a specific step or action as a result of that promise, the employer may be held liable.
promissory estoppel
“let the master answer”; legal doctrine that employer is responsible for an employee’s actions when those actions are within the scope of the employee’s assigned duties.
respondeat superior
any communication, usually from a former employer that damages a person’s reputation and prevents them from getting a job or some other benefit.
Defamation
