PHR-Legislation and Case Law-Chapter 7 (Employee and Labor Relations)

Question 1

Defined employment at will

Answer 1

Payne v The Western & Atlantic Railroad Company

1884

Question 2

Controlled business monopolies; allowed court injunctions to prevent restraint of trade. Used to restrict unionization efforts

Answer 2

Sherman Antitrust Act

1890

Question 3

Limited the use of injunctions to break strikes; exempted unions from the Sherman Act

Answer 3

Clayton Act

1914

Question 4

Protected unionization rights; allowed for a 90-day cooling-off period to prevent strikes in national emergencies. Covers railroads and unions.

Answer 4

Railway Labor Act

1926

Question 5

Protected the right to organize; outlawed yellow-dog contracts

Answer 5

Norris-La Guardia Act

1932

Question 6

Protected the right of workers to organize and bargain collectively; identified unfair labor practices; established the National Labor Relations Board (NLRB)

Answer 6

National Labor Relations Act (NLRA/Wagner Act)

1935

Question 7

Prohibited closed shops; restricted union shops; allowed states to pass “right to work” laws; prohibited jurisdictional strikes and secondary boycotts; allowed employers to permanently replace economic strikers; established the Federal Mediation and Conciliation Service; allowed an 80-day cooling-off period for national emergency strikes

Answer 7

Labor-Management Relations Act (LMRA/Taft-Hartley)

1947

Question 8

Controlled internal union operations; provided a bill of rights for union members; required a majority vote of member to increase dues; allowed members to sue the union; set term limits for union leaders

Answer 8

Equal Pay Act

1963

Question 9

USSC: Defined an actionable hostile work environment as that which falls between merely offensive and that which results in tangible psychological injury

Answer 9

Harris v Forklift Systems

1993

Question 10

Protected the reemployment and benefit rights of reservists called to active duty

Answer 10

Uniformed Services Employment and Reemployment Rights Act (USERRA)
1994

Question 11

USSC: Established that employers have vicarious liability for employees victimized by supervisors with immediate or higher authority over them who create an actionable hostile work environment

Answer 11

Burlington Industries v Ellerth

1998

Question 12

USSC: Established that employers are responsible for employee actions and have a responsibility to control them

Answer 12

Faragher v City of Boca Raton

1998

Question 13

USSC: Extended the definition of sexual harassment to include same-sex harassment

Answer 13

Oncale v Sundowner Offshore Services, Inc.

1998

Question 14

Extended Weingarten rights to nonunion employees by allowing employees to request a co-worker be present during an investigatory interview that could result in disciplinary action

Answer 14

NLRB; Epilepsy Foundation of Northeast Ohio

2000

Question 15

Established that temporary employees may be included in the client company’s bargaining unit and that consent of the employer and temp agency aren’t required to bargain jointly

Answer 15

NLRB; M. B. Sturgis, Inc.

2000

Question 16

Applies to federal contractors and subcontractors

Answer 16

EO 13201

2001

Question 17

Mandated improved quality and transparency in financial reporting, and increased corporate responsibility and the usefulness of corporate financial disclosure; required companies to establish and maintain an adequate internal control structure and procedures for financial reporting

Answer 17

Sarbanes-Oxley Act (SOX)

2002

Question 18

NLRB reversed its 2000 decision in Epilepsy withdrawing Weingarten rights from nonunion employees

Answer 18

NLRB; IBM Corp.

2004

Question 19

Established that a dress code requiring women to wear makeup doesn’t constitute unlawful sex discrimination under Title VII

Answer 19

Jespersen v Harrah’s Operating Co.

2004

Question 20

USSC: Established that all retaliation against employees who file discrimination claims is unlawful under Title VII, even if no economic damage results

Answer 20

Burlington Northern Santa Fe Railway Co v White

2006

Question 21

Established that arbitration clauses in employment agreements won’t be enforced if they’re significantly favorable to the employer and the employee doesn’t have a meaningful opportunity to reject the agreement

Answer 21

Davis v O’Melveny & Myers

2007

Question 22

Established that the burden of proof that a termination wasn’t related to military service is on an employer when an employee protected by USERRA is laid off

Answer 22

Velazquez-Garvia v Horizon Lines of Puerto Rico, Inc.

2007

Question 23

Controlled internal union operations; provided a bill of rights for union members; required a majority vote of members to increase dues; allowed members to sue the union; set term limits for union leaders

Answer 23

Labor-Management Reporting and Disclosure Act (LMRDA/Landrum-Griffin)
1959