Regulation of Business Employment, Environment, and Antitrust Flashcards
Act whose main purpose is the attainment of the social security of people in our society with programs including:
- old age insurance
- survivor’s and disabiility insurance
- hospital insurance (medicare)
- unemployment insurance
Federal Social Security Act
Provisions under these acts that require old-age, surivor’s, disability, and hospital insurance programs to be financed out of taxes paid by employers, employees, and self-employed
Federal Insurance Contributions Act and Self-Employment Contributions Act
Act that requires that unemployment insurance programs be financed out of taxes paid by employERS
Federal Unemployment Tax Act
Act that imposes social security tax on employees, self-employed, and employers on compensagtion received
Federal Insurance Contributions Act (FICA)
All compensation for employment excluding:
- wages greater than base amount
- reimbursed travel expenses
- employee medical and hospital expensees paid by employer
- employee insurance premiums paid by employer
- payment to employee retirement plan by employer
Wages
A person whose performance is subject to physical control by employer not only as to results but also as to methods of accomplishing those results
Employee
Carrying on trade or business as either an individual or in a partnership
Self-employment
A form of strict liability whereby employer is liable to employee for injuries or diseases sutained by employee which arise out of and in course of employmnet—not available to independent contractors
Worker’s Compensation Act
Purpose of this act is to promote safety standards and job safety—covers almost all employers except federal and state governments
Occupational Safety and Health Act (OSHA)
Adminsitered by Occupational Safety and Health Association (OSHA)
Act that forbids discrimination in employment on the basis of race, color, religion, sex, or national origin
Title 7 of 1964 Civil rights Act
Enforces Title 7 of 1964 Civil Rights Act
Equal Employment Opportunity Commission (EEOC)
Illegal discrimination occuring when an employee is treated differently because of his/her race, color, religion, sex, or national origin
Disparate treatment
When seemingly neutral rules have an adverse impact on a member of a protected class
Adverse Impact
Intentional sexual harrassment involving promotions, job offers, job benefits, in exchange for sexual relations
Quid pro quo (this for that)
Sexual harrassment that creates an offensive or intimidating work environment (jokes, lewd comments, graphic pictures)
Hostile work environment
Act that forbids employment discrimation based on age
Age Discrimination in Employment Act
Act that requires employers with federal contracts over $2500 to take affirmative action to employ and advance handicapped indviduals
Vocational Rehabilitation Act of 1973
Act that forbids companies and most other entitites from discirminating against qualified persons with a disability in various employment decisions including hiring, firing, promotion, and pay
Americans with Disabilities Act (ADA)
A disabled personw ho can perform essential functions of jobe either with or without reasonable accomodation
Qualified individual with disability
An amendment to Title VII that prohibts employers from discriminating aginst employees becoing pregnant or giving birth (both unmarried and married)
Pregnancy Discrimination Ac
Act that requires employers with federal contracts of $10,000 or more to take affirmative action in hiring and promoting qualified veterans of the vietnam War
Viatnam Era Veterans Readjustment Assistance Act
Act that requires equal pay for equal work for both SEXES
Equal Pay Act
Programs designed to eliminate discriminatory practices in hiring, retaining, and promoting employees that give preferential treatment to members of protected groups
Affirmative action
Act that requires employeees to have the right to up to 12 weeks of unpaid leave during a 12-month period for:
- Serious health problem
- to care for serious health problem of family member
- birth/care of baby
- Child placed with employeee for adoption or foster care
–employee must get back same or equivalent position when returns
Family and Medical Leave Act
Act that restricts using exclusions for preexisting condtions in employer sponsored group health insurance policies
Health Insurance Portability and Accountability Act
Federal law that protects federal employees from retaliation by employers for reporting employer legal violations
Whistle-Blower Protection Act
Act that regulates child labor, overtime compensation, hours in a workwek, and minium wage and is enforced by the department of labor
Fair Labor Standards Act (FLSA)
Act that gives employees the right to form unions and bargain collectively about mandatory (wages, hours, and other conditions of employment) and permissive bargaining subjects (any other topics that aren’t illegal)
National Labor Relations Act (NLRA)–Wagner Act
Enforces the NLRA and runs and supervises union elections
National Labor Relations Board (NLRB)
An illegal bargining subject under the NLRA which requires employers to pay employees for work not acttually performed
Featherbedding
Provided an amendment to the NLRA to regulate union abuses against its own members
Landrum-Griffin Act
act that protects employees from losing medical insurance upon termination of employment, allowing them to continue coverage for up to 18 months at their own exepense
Consolidated Omnibus budget Reconcilation Act (COBRA)
Act that governs pension plans, should an employer choose to set one up, with requirements for funding and vesting
Employeee Retirement Income Security ACt (ERISA)
Pension plan in which the employee does not pay anything and employer pays for all
noncontributory pension plan
Act that prohibits private employers from requiring employees or prospective employees from taking lie detector test or making adverse employment decisiosn based on them and prohibits drug testing current employees unless reason to do so
Federal Employee Polygraph Protection Act and Drug Testing
Environmental common law doctrine that allows for monetary damages for a party using property in a manner that unreasonably interferes with another’s right to use and enjoy the property
Doctrine of nuisance
Administrative agency st up to ensure compliance with environmental protection laws
Environmental Protection Agency (EPA)
Act that requires all federal agencies to consider the environmental impact upon the environment when making decisions
National Environmental Policy Act (NEPA)
This is required when federal action or proposed laws significatnly affect the environment
Environmental impact statement (EIS)
Air quallity standards that the EPA is requierd to create to protect public health
Primary standards
National ambient air quality standardss the EPA is required to create to protect public welfare (ex. crops, animals, structures)
Secondary standards
States must submit these to detail how the state with achieve the National Ambient Air Quality Standards (NAAQS)
State Implementation Plan (SIP)
Act that regulates pollution from mobile and stationary sources and requires states to meet National ambient Air Quality Standards (NAAQS)
Clean Air Act
Act that sets standards to reduce, eliminate, or prevent pollution of rivers, seas, ponds, wetlands, streams, etc.
-EPA creates standards and states are responsible for making sure that the standards are met
Clean Water Act
Act that regulates safety of water wupplied to homes by public water systems
Safe Drinking Water Act
Act that regulates noise pollution and encourages research on its effects
Noise Control Act
Act that creates permit system to regulate businesses that store, use, or transport hazardous waste
Resource conservation and Recovery Act
Act that mandates testing and regulation of chemicals that pose unreasonable risk to health and inviornment and requires testing b/f marketing is allowed
Toxic Substances Control Act
Act that provides that pesticides and herbicides must be registerd with the EPA before sale
Federal Insecticide, Fungicide, andRodenticide Act
Requires companies with specified amounts of extremely hazardous subsances to notify state and local agencies and issue annual reports of releases available to public
Emergency Planning and Community Right-to-Know Act
Act that creates a national plan to dispose of highly radioactive nuclear waste
Nuclear Waste Policy Act
Act which’s purpose is to move US toward greater energy independence, to increase production of clean renewable fuels, to increase efficiency of products, vehicles, and buildings
Energ Independence and Security Act
Act that regulates dumping into oceans and establishing marine sanctuaries
Marine Protection, Research, and ASanctuaries Act
Act that protects endangered and threatenedspecies; enforced by both EPA and Department of Commerce
Endangered Species Act
Act that provides incentives to industry to preent some pollution from initially being formed
Pollution Prevention Act
Systematic, objective reviews designed to evaluate compliance with federal and state regulations and laws on environment–fines are often reduced/waived if companies disclose and correct wrongdoings
Environmental Compliance Audits
Act that restricts use of prerecorded messages
Telephone Consumer Protection Act
act that prevents local or state governments from preventing entry of the growing telecommunications industry
Federal Telecommunications Act
Laws whose primary purpose is to promote hte production and distribution of goods and services in themost economical and efficient manner by preserving free, competitive markets
Antitrust law
An agreement betwee n parties from different levels of the distribution chain to restrain trade
Vertical restraints
Agreeements between parties of the same level of the distribution chain to restrain trade
Horizontal restraints
Act that makes contracts, combinations, conspiracies, or agreements in restraint of trade illegal
Sherman Act of 1890
An approach that courts use to determine if a trade restraing is unreasonable, in which the restraint is deemed automatically illegal–usually applies to horizontal restraints
The per se rule
Approach that courts use in determining whether a trade restraint is unreasonable that makes it legal if the agreement is more procompetitive than anticompetitive
Rule of reason
Competition between different brands of hte same product–viewed as more beneficial to consumers
Interbrand competition
Competition between the same brands at different places
Intraband competition
Act that supplemented the Sherman Act to prohibit a corporation from acquiring the stock of a competing corporation (merger) where the effect MIGHT substantially lessen competion or tend to create a monopoly
Clayton Act of 1914
Act that prohibits price discrimination (charging different prices to different buyers for same good)
Robinson-Patman Act of 1936
Act that created the FTC and prohibits unfair methods of competition and deceptive practices involving advertising, telemarketing, elecontronic advertising
Federal Trade Commission Act of 1914
