US Employment Law (cases, acts, etc.)

Question 1

U.S. case that set the standard for determining whether discrimination based on disparate impact exists.

Answer 1

Griggs v. Duke Power (Title VII)

( test for disparate impact: 80% or four-fifths rule to determine)

Why we now have HS equivalent instead of HS diploma required

Question 2

1971 U.S. case that stated that an employer may not, in the absence of business necessity, refuse to hire women with preschool-aged children while hiring men with such children.

Answer 2

Phillips v. Martin Marietta Corporation

Why we don’t ask, ‘who is going to take care of your kids?’

Question 3

U.S. act that creates a rolling time frame for filing wage discrimination claims and expands plaintiff field beyond the employee who was discriminated against.

Answer 3

Lilly Ledbetter Fair Pay Act (signed by Obama in 2009)

(pay discrimination resets with each new paycheck affected by that discriminatory action)

Question 4

U.S. court ruling that distinguished between supervisor harassment that results in tangible employment action and supervisor harassment that does not.

Answer 4

Faragher (lifeguard, Beth Ann Faragher) v. City of Boca Raton (Florida)

Question 5

Statement in U.S. Occupational Safety and Health Act that requires employers subject to OSHA to provide employees with a safe and healthy work environment.

Answer 5

General Duty Clause

Question 6

Union employees’ right in U.S. to have a union representative or coworker present during an investigatory interview.

Answer 6

Weingarten rights

Question 7

Type of discrimination that results when a policy that appears to be neutral has a discriminatory effect

Answer 7

Adverse/disparate impact (indirect discrimination)

Question 8

States that a fiduciary of a plan covered by the U.S. Employee Retirement Income Security Act has legal and financial obligations not to take more risks when investing employee benefit program funds than a reasonably knowledgeable person would under similar circumstances.

Answer 8

Prudent person rule

Question 9

U.S. Supreme Court ruling that Patient Protection and Affordable Care Act requirement that individuals purchase health insurance was constitutional but requirement that states expand Medicaid was not.

Answer 9

National Federation of Independent Business v. Sebelius

Question 10

U.S. act that expands the possible damage awards available to victims of intentional discrimination to include compensatory and punitive damages; gives plaintiffs in cases of alleged discrimination the right to a jury trial.

Answer 10

Civil Rights Act of 1991

(think film Erin B, town wanted a jury & punitive damage $$$)

Question 11

Legal doctrine under which a party can be held liable for the wrongful actions of another party.

(third party that had the “right, ability or duty to control” the activities of a violator)

Answer 11

Vicarious liability

Question 12

Type of discrimination occurs when an applicant or employee is treated differently because of his or her membership in a protected class.

Answer 12

Disparate treatment (direct discrimination)

Question 13

Landmark 1975 U.S. labor relations case that dealt with the right of a unionized employee to have another person present during certain investigatory interviews.

Answer 13

NLRB (National Labor Relations Board) v. Weingarten

Question 14

Procedural document designed to assist employers in complying with federal regulations prohibiting discrimination.

Answer 14

Uniform Guidelines on Employee Selection Procedures

(US law to help determine if disparate impact has occurred)

Question 15

U.S. court ruling that distinguished between supervisor harassment that results in tangible employment action and supervisor harassment that does not. Also introduced a two-part affirmative defense allowing employers to avoid sex discrimination liability if they follow best practices.

Answer 15

Burlington Industries, Inc. v. Ellerth

(Ellerth is often considered alongside Faragher)

Question 16

2007 case in which the U.S. Supreme Court ruled that claims of sex discrimination in pay under Title VII were not timely because discrimination charges were not filed with the EEOC within the required 180-day time frame.

Answer 16

Ledbetter v. Goodyear Tire and Rubber Company

Question 17

1992 case in which the U.S. Supreme Court ruled that an employer cannot be compelled to allow nonemployee organizers onto the business property.

Answer 17

Lechmere, Inc. v. NLRB (Naional Labor Relations Board)

Question 18

Prohibits businesses in interstate commerce from conspiring to restain trade; prohibits attempting to monopolize the market

Answer 18

Sherman Anti-Trust Act

Question 19

Prohibits ‘yellow dog’ contracts; prohibits injunctions for non-violent activity of unions (strikes, picketing, boycotts)

Answer 19

Norris-LaGuardia Act

Question 20

Guarantees employees the right to join unions; was declared unconstitutional by Supreme Court

Answer 20

National Industrial Recovery Act

Question 21

Requires federal contractors and subcontractors with contracts in excess of $10k to comply with Title VII of the CRA, and take steps to eliminate employment barriers to women and minorities.

Answer 21

Executive Orders 11246

Question 22

Adjusts vesting schedules, increase retirement plan limits; modifies distribution and rollover rules

Answer 22

Economic Growth and Tax Relief Reconciliation Act (aka Bush tax cuts)

Question 23

List out the steps in the EEOC complaint process

Answer 23

Individual filing = charging party or complainant

Entity accused (employee) = respondent

Question 24

Employee Retirement Income Security Act (ERISA)

Answer 24

Its amendments establish uniform minimum standards to ensure that employee retirement plans are set up and maintained in a fair and financially sound manner. Enforcement and jurisdiction for ERISA is split across the DOL, the IRS, and the Pension Benefit Guaranty Corporation.

requirements in operating their plans:

Fudiciary responsibility (prudent person rule)

Eligibility req (age 21 and completion of 12 months of service, with only a few exceptions. An employer cannot set the age for plan participation at more than 21 or the service requirement at more than 12 months. However, an employer can lower the age and service requirement thresholds.)

Vesting req (employee vs employer vesting, etc.)

Communication req (summary plan descriptions SPD to participants at min. when employee begins and every 5 years. Summary annual report SAR and summaries of material modifications SMMs

Reporting req (5500 form filing w/IRS)

Question 25

The modification of the Constitution or a law. Amendment modification may alter the actual text of the Constitution or law. But even if the text is not changed, an amendment changes its effect.

Answer 25

Amendment

Question 26

A proposal presented to a legislative body for possible enactment as a statute.

Answer 26

Bill

Question 27

The time allowed for the public to express its views and concerns regarding an action of an administrative agency.

Answer 27

Public comment period

Question 28

A rule or order issued by an administrative agency; usually has the force of law. Interpretive bulletins distributed by administrative agencies are helpful in deciphering regulatory developments.

Answer 28

Regulation

Question 29

Action of rejecting a bill or statute. For example, the President of the United States may veto a statute that has been passed by Congress.

Answer 29

Veto

Question 30

FLSA

Answer 30

Purposes:

1) To set a minimum wage for certain workers
2) To regulate the number of hours certain individuals must work before being entitled to overtime compensation
3) To restrict the hours and conditions of employment for minors
* Exempt employees must meet certain salary thresholds and descriptions of primary duties. In September 2019, the Department of Labor issued a final rule that revised the regulation to raise the salary thresholds for exempt employees. For example, the “standard salary level” for exempt employees was raised to $684 per week (equivalent to $35,568 per year).*

Question 31

Final Rules Relating to Use of Electronic Communication and Recordkeeping Technologies by Employee Pension and Welfare Benefit Plans ~ published guidelines by DOL

Answer 31

Notable provisions:

• reasonable controls to ensure the integrity, accuracy, authenticity, and reliability of the records
• be maintained in reasonable order, in a safe and accessible place, capable of indexing, retaining, preserving, retrieving, and reproducing the electronic records
• must be able to be readily converted into legible and readable paper copy
• Adequate records management practices must be established and implemented
• Security features; firewalls, passwords, backed up, responsible third party*

Question 32

Common employer unfair labor practices

Answer 32

Interfering with employees as they engage in concerted activity.

Dominating or assisting a labor union.

Retaliating against any employee because of union activity.

Retaliating against an employee for filing charges with the NLRB.

Refusing to bargain collectively in good faith with a union.

Promising or giving benefits to employees who oppose a union (e.g., rewarding employees who infiltrate or spy on union meetings or question other workers about their support for a union).

Question 33

Where laws mandate a percentage quota or other special considerations for specified minority groups or ethnic communities. Is often based on the concept that historic national discrimination against a given minority requires counterbalancing favorable affirmative action.

Answer 33

Reservation (legal principle)

Question 34

Sources of Law

Answer 34

Constitution = right to religion, bare arms, free speech

Statues = come from congress, house of reps, state-level

Regulations = come from governing agencies such as OSHA, EEOC

Agency guidelines = UGESP

Executive orders = from president or governor

Common law = laws that come from court decisions (how courts determine/interperet)

Question 35

FLSA Overtime Pay Provisions

Answer 35

Question 36

Examples of Possible HR Involvement in Employment Lawsuits

Answer 36