U.S. Employment Law & Regulations Flashcards
Any fixed, recurring period of 168 consecutive hours (7 days times 24 hours = 168 hours).
Workweek
U.S act that establishes a minimum wage, maximum hours, and health and safety standards for contracts to manufacture or furnish materials, articles, or equipment to the U.S. government or the District of Columbia
Walsh-Healey Public Contracts Act
Union employees’ right in U.S. to have a union representative or coworker present during an investigatory interview.
Weingarten rights
U.S. act that requires some employers to give a minimum of 60 days’ notice if a plant is to close or if mass layoffs will occur.
Worker Adjustment and Retraining Notification (WARN) Act
Type of discrimination that results when a policy that appears to be neutral has a discriminatory effect; also known as adverse impact.
Disparate impact
U.S act that prohibits discrimination against individuals on the basis of their genetic information in both employment and health insurance.
Genetic Information Nondiscrimination Act (GINA)
U.S. act that protected and encouraged the growth of the union movement; established workers’ rights to organize and bargain collectively with employers.
National Labor Relations Act (NLRA)
U.S. act that prohibits discrimination in the workplace on the basis of age.
Age Discrimination in Employment Act (ADEA)
U.S. act that established uniform minimum standards to ensure that employee benefit and pension plans are set up and maintained in a fair and financially sound manner.
Employee Retirement Income Security Act (ERISA)
Primary job duties that a qualified individual must be able to perform, either with or without accommodation.
Essential functions
Physical or mental impairment that substantially limits one’s major life activities.
Disability
U.S act that establishes minimum wage, overtime pay, youth employment, and record-keeping standards affecting full- and part-time workers in the private sector and in federal, state, and local governments.
Fair Labor Standards Act (FLSA)
U.S. act that prevents private employers from requiring applicants or employees to take a polygraph test for preemployment screening or during the course of employment, with certain exceptions.
Employee Polygraph Protection Act (EPPA)
Individuals who exchange work for wages or salary; in the U.S., workers who are covered by Fair Labor Standards Act regulations as determined by the IRS.
Employees
Sexual, romantic, or emotional/spiritual attraction that one feels for persons of the opposite sex or gender, the same sex or gender, or both sexes and more than one gender.
Sexual orientation
U.S. court ruling that distinguished between supervisor harassment that results in tangible employment action and supervisor harassment that does not.
Faragher v. City of Boca Raton
Refers to the country (including those that no longer exist) of one’s birth or of one’s ancestors’ birth.
National origin
Amendements to U.S. Americans with Disabilities Act covering the definition of individuals regarded as having a disability, mitigating measures, and other rules to guide the analysis of what constitutes a disability.
ADA Amendments Act (ADAAA)
Type of discrimination that results when a policy that appears to be neutral has a discriminatory effect, also known as disparate impact.
Adverse impact
U.S. act that prohibits discrimination against a qualified individual with a disability because of his/her disability.
Americans with Disabilities Act (ADA)
Factor (such as religion, gender, national origin, etc.) that is reasonably necessary, in the normal operations of an organization, to carry out a particular job function.
Bona fide occupational qualification (BFOQ)
U.S. court ruling that distinguished between supervisor harassment that results in tangible employment action and supervisor harassment that does not.
Burlington Industries, Inc. v Ellerth
Type of liability insurance covering an organization against claims by employees, former employees, and employment candidates alleging that their legal rights in the employment relationship have been violated.
Employment practices liability insurance (EPLI)
U.S. act that prohibits discrimination against job applicants on the basis of national origin or citizenship and establishes penalties for hiring undocumented workers.
Immigration Reform and Control Act (IRCA)