Laws & Regulations Flashcards
What is the Railway Labor Act (RLA)?
The purposes of the RLA are to avoid any interruption of interstate commerce by providing for the prompt disposition of disputes between carriers and their employees and protects the right of employees to organize and bargain collectively.
What is the Clayton Antitrust Act?
The Clayton Antitrust Act of 1914 continues to regulate U.S. business practices today. Designed to bolster the Sherman antitrust Act and outlaws the following conduct:
Price discrimination against competing companies; conditioning sales on exclusive dealing; mergers and acquisitions when they may substantially reduce competition; serving on the board of directors for two competing companies. Employers could not always use injunctions to break strikes.
What is the Consumer Credit Protection Act (CCPA) of 1968?
Protects employees from discharge by their employers because their wages have been garnished for any one debt, and it limits the amount of an employee’s earnings that may be garnished in any one week.
What is the Copeland “Anti-Kickback” Act of 1934?
Prohibits contractors and subcontractors performing work on covered contracts from in any way inducing an employee to give up any part of the compensation to which he or she is entitled.
What is the Copyright Act of 1976?
Protects “original works” for authors so others may not print, duplicate, distribute, or sell their work.
When materials are first protected:
1. When first received by creator
2. First saved
3. First registered in US copyright office
4. First published
What is the Copyright Term Extension Act?
Further extended copyright protection to the duration of the author’s life plus 70 years of general copyrights and to 95 year for works made for hire and works copyrighted before 1978.
What is the Davis-Bacon Act of 1931?
Applies to contractors and subcontractors performing on federally funded or assisted contracts in excess of $2,000 for the construction, alteration, or repair (including painting and decorating) of public buildings or public works. Davis-Bacon Act and Related Act contractors and subcontractors must pay their laborers and mechanics employed under the contract no less than the locally prevailing wages and fringe benefits for corresponding work on similar projects in the area.
What is the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010?
Intended to curb the extremely risky financial industry activities that led to the financial crisis of 2007–2008. Its goal was, and still is, to protect consumers and taxpayers from egregious practices like predatory lending.
Also, includes reporting CEO pay compared to the average employee compensation.
What is the Economic Growth and Tax Relief Reconciliation Act (EGTRRA) of 2001
Reduced tax rates for every American who pays income taxes, including creating a new 10 percent tax bracket. Doubled the child tax credit to $1,000 by 2010.
Also increased retirement plan limits, permitting pre-tax catch up contributions by participants over 50 in certain plans.
What is the 80% rule?
The rule states that companies should be hiring protected groups at a rate that is at least 80% of that of white men.
What is Griggs vs Duke Power Co?
Decision: Court held that Title VII of the Civil Rights Act of 1964 requires employers to promote and hire based on ability. The ruling effectively forbids employers from using arbitrary tests to evaluate an employee or potential employee.
What is disparate impact?
Disparate impact describes a situation in which adverse effects of criteria - such as those applied to candidates for employment or promotion - occur primarily among people belonging to certain groups, such as minorities.
What is the McDonell Douglas Corporation vs Green?
McDonnell Douglas Corp vs. Green set the precedent that a case does not require direct evidence of discrimination. The Civil Rights Act of 1964 and specifically Title VII prevents any form of discrimination against any person because of race, religion, color, sex, or national origin.
McDonnell Douglas Corp. v. Green, 411 U.S. 792, is a US employment law case by the United States Supreme Court regarding the burdens and nature of proof in proving a Title VII case and the order in which plaintiffs and defendants present proof.
It was the seminal case in the McDonnell Douglas burden-shifting framework.
What is McDonnell Douglas burden-shifting framework?
Employee evidence must show:
- Belonged to a protected class
- Qualified for position
- Although qualified, suffered adverse employment action AND
- Employer treated more favorably similarly-situated employees outside the protected class (or replaced the employee with an individual outside protected class).
What is the purpose of the Title VII of the Civil Rights Act?
protects employees and job applicants from employment discrimination based on race, color, religion, sex and national origin, age (40 or older), disability and genetic information (including family medical history).
NLRB v Weingarten, Inc.
Weingarten rights
1975
An employee in a union-represented workforce is entitled upon request to the assistance of a union rep during an interview that the employee feels might result in disciplinary action.
Employees’ right to request their representatives are frequently referred to as “Weingarten rights.” Employers violate the NLRA if they proceed with an investigatory interview while refusing an employee’s request or retaliate against them for making the request.
Burlington Industries v Ellerth
Forbids employment discrimination on the basis of sex—employers are liable for workers who sexually harass subordinates, even if the harassed employee does not face any adverse job consequences. However, the court also held that employers can make an affirmative defense in certain cases.
What is vicarious liability?
Vicarious liability, or imputed liability, is a legal rule that holds a person or company responsible for actions committed by others or by their employees. Typically, it applies to those who are in control of people who cause harm to victims.
Faragher v City of Boca Raton
The District Court concluded that the supervisors’ conduct was discriminatory harassment sufficiently serious to alter the conditions of Faragher’s employment and constitute an abusive working environment.
Harris v. Forklift Systems, Inc.
US labor law case in which the Supreme Court of the United States clarified the definition of a “hostile” or “abusive” work environment under Title VII of the Civil Rights Act of 1964.
The case involved Teresa Harris, a rental manager for Forklift Systems, Inc., a company based in Tennessee. She alleged that, from 1985 to 1987, the president, Charles Hardy, created a hostile work environment through his abusive, vulgar, and offensive sexual comments and actions.
UAW v johnson controls
Johnson Controls, Inc., 499 U.S. 187 (1991), was a decision by the Supreme Court of the United States establishing that private sector policies prohibiting women from knowingly working in potentially hazardous occupations are discriminatory and in violation of Title VII and the Pregnancy Discrimination Act of 1978.
The policy also excluded men, nothing in the policy protected men who could have also experienced issues as a result of the lead.
What is inconsistent questioning during interviews?
This is where different questions are asked to different candidates.
Example: You may ask a caucasian male candidate to describe what their university experience was like compared to a candidate who is a person of colour, where you only ask about work experience.
What is UGESP?
The Uniform Guidelines on Employee Selection Procedures apply to all selection procedures used to make employment decisions, including interviews, review of experience or education from application forms, work samples, physical requirements, and evaluations of performance. The guidelines are designed to aid in the achievement of our nation’s goal of equal employment opportunity without discrimination on the grounds of race, color, sex, religion or national origin.
What Is Tort Law?
Tort law is the area of the law that covers most civil suits (non criminal). In general, any claim that arises in civil court, with the exception of contractual disputes, falls under tort law.
Common torts include:assault, battery, damage to personal property, conversion of personal property, and intentional infliction of emotional distress.
The concept of tort law is to redress a wrong done to a person and provide relief from the wrongful acts of others, usually by awarding monetary damages as compensation. The original intent of tort is to provide full compensation for proved harms.
What is Statutory Law?
Statutory Law is law established by an act of the legislature that is signed by the executive.
Examples: FMLA, FLSA, ADA, Equal Pay Act
What is Common Law?
Common law (also known as case law) is based on all previous legal rulings made by judges in a common law court.
Examples of such rulings are common law requirements for people to read contracts, doctor-patient confidentiality, copyright, and common law marriage.
Labor laws for 1+ employees
- Consumer Credit Protection Act (CCPA)
- Employee Polygraph Protection Act (EPPA)
- Employment Retirement Income Security (ERISA)
- Equal Pay Act4(EPA)
- Fair and Accurate Credit Transactions Act (FACT)
- Fair Labor Standards Act (FLSA)
- Federal income tax withholding
- Federal Insurance Contribution Act(FICA)
- Health Insurance Portability and Accountability Act (HIPAA)
- Immigration Reform & Control Act (IRCA)
- Jury Systems Improvement Act (JSIA)
- National Labor Relations Act (NLRA)
- Occupational Safety and Health Act (OSHA)
- Sarbanes-Oxley Act (SOX)
- Uniformed Services Employment & Reemployment Rights Act (USERRA)
- Uniform Guidelines for Employment Selection Procedures
What is USERRA?
Uniformed Services Employment & Reemployment Rights Act (USERRA)
The USERRA protects military workers from discrimination based on membership in the uniformed services concerning any aspect of employment.
Employees taking leave for military service must give 60 days’ notice. As an employer, you must allow them to do their previous job when their service is finished.
