US Employment Law Voca Flashcards
Appropriation of Image of Likeness
A type of tort in which an employer uses the name, image, or likeness of an employee for commercial purposes in a way that is not described in the job description.
Bargaining Unit
A group of workers represented by a union in collective bargaining.
Bona Fide Occupational Qualification
A reasonable employment qualification that an employer is allowed to consider when making decisions about hiring and retaining employees.
Closed Shop
An illegal requirement that an employee is a union member.
Duty to bargain in good faith
A concept that requires a mutual obligation of both parties to participate actively in negotiations by demonstrating intent to resolve a dispute.
Employer
One who employs the services of others in exchange for wages.
Employer
One who employs the services of others in exchange for wages.
E-Verify
An online tool administered through the U.S. Citizenship and Immigration Services (USCIS) and used by employers to verify the validity of documents presented by new hires.
Exempt Employees
Fully/partially free from FLSA provisions
Fellow servant rule
Employer defense themself that another employees that that case workplace injury
Fiduciary
An entity that act as a caretaker
Fiduciary Duty
A person who hold legal or ethical relationship of trust with one or more other parties.
Free ride with regards to bargaining unit
Employee is not part of the union, but benefit from union representation.
Frolic and detour
A person departure from the job to pursue their own interest.
Gender plus discrimination
Discrimination when employer classifies employees on the basic of gender.
General Duty clause under OSHA
require employer to provide employee training to prevent workplace hazard.
Going and coming rule
Legal principal to remove employer liability from employee action going to and from their place of work
Illegal bargaining subject
A subject that cannot legally be implemented into the collective bargaining agreement.
Impasse
When two bargaining parties cannot be resolved
Integrated enterprise
Business in which operations of two or more employer are so intertwined that they can be considered as a single employer for purposes of federal statutory coverage and liability.
intrusion upon seclusion
A wrongdoing in which an employers intrudes upon an employees private information
Lockout
Employer temporary work stoppage due to labor dispute
Major Life Activity defined by ADA
A daily activity that an average person can perform with little or no difficulty.
Mandatory bargaining subjects
A required bargaining subject that involves wages, benefits, hours, and layoff procedures.
Mass Layoff under WARN Act
A workforce reduction at a single employment site during a 30-day period which is not caused by a plant closing.
Negligent Hiring
A claim in which the employer knew or should have known about an employee’s history of violence or untrustworthiness.
Negligent retention
A claim that arises when an employer fails to terminate an employee when it is apparent that he or she poses a danger to others.
NLRB
A federal administrative agency that administers the provisions of the NLRA.
Non-exempt Employee
Workers who are entitled to earn the federal minimum wage and qualify for overtime pay, which is calculated as one-and-a-half times their hourly rate, for every hour they work, above and beyond a standard 40-hour workweek.
Permissive bargaining subjects
A bargaining subject that either party may bring to the table, but over which the other party is not required to bargain.
Placement in a False Light
The privacy laws in the United States include a non-public person’s right to protection from publicity which puts the person in a false light to the public.
Plant Closing under WARN Act
A single site of employment that is permanently or temporarily shut down for 6 months, or with a 50% reduction in hours over a 6-month period, and impacts 50 or more full-time employees for a 30-day period.
Precedent
A controlling rule, example, or guide established by a judge that provides a framework for other judges to follow in later cases.
Progressive Discipline
Performance management tool designed to modify employee behavior by using a set of increasingly severe discipline steps, with consequences, that hold the employee
Public Disclosure of Private Facts
A type of tort in which an employer negligently or intentionally discloses an employee’s private information.
