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Vocab Flashcards

1
Q

“Disability” defined by ADA

A

The ADA adopted the Rehabilitation Act’s definition of a disability as:
1. A physical or mental impairment that substantially limits one or more major life activities
2. A record of such impairment
3. Being perceived as having such an impairment

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2
Q

“Key Employee” defined by FMLA

A

The Family and Medical Leave Act (FMLA) defines a key employee as an employee who is among the highest paid 10% of employees within 75 miles of their worksite.

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3
Q

Adverse Job Action

A

A negative job action that results from an employee’s lawful actions.

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4
Q

Agency

A

Agency is a contract relationship (a legally binding agreement) between a principal and an agent whereby the principal, expressly or implicitly, authorizes the agent to work on his or her behalf and with the power to bind the principal.

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5
Q

Appropriation of Image of Likeness

A

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.

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6
Q

Assumption of Risk

A

Assumption of risk is a legal doctrine that prevents an injured person from holding someone else responsible for their injuries. It applies when someone voluntarily participates in an activity that could be dangerous and is aware of the risks involved.

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7
Q

Authorization cards

A

A document signed by an employee that authorizes a union to negotiate employment terms and conditions on behalf of the employee.

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8
Q

Bargaining unit

A

A group of workers represented by a union in collective bargaining.

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9
Q

Bona Fide Occupational Qualification (BFOQ)

A

A reasonable employment qualification that an employer is allowed to consider when making decisions about hiring and retaining employees. BFOQs can include age, sex, religion, and national origin.

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10
Q

Breach of Duty

A

A breach of duty is when someone fails to meet the standard of care expected of them, which results in harm to another person. It can be intentional or negligent.

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11
Q

Business Necessity

A

Business necessity is a legal concept that allows employers to justify employment practices that may have a negative impact on certain groups. It’s often used as a defense against claims of employment discrimination.

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12
Q

Closed shop

A

An illegal requirement that an employee be a union member.

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13
Q

Collective bargaining

A

The negotiation process between unions and employers

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14
Q

Compensatory Damages

A

Monetary compensation necessary to replace a plaintiff’s losses.

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15
Q

Compensatory Time under FLSA

A

Compensatory time under the Fair Labor Standards Act (FLSA) is paid time off that employees earn for working more than 40 hours in a workweek. It’s an alternative to receiving overtime pay in cash.

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16
Q

Compliance Requirement under OSHA

A

OSHA compliance requires employers to create a safe workplace and provide employees with the tools and training they need to work safely.

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17
Q

Concerted Activity under NLRA

A

Any effort by employees to join together to seek improvement in working conditions.

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18
Q

Contributory Negligence

A

Contributory negligence is a legal defense that prevents a plaintiff from recovering damages if they contributed to their own injury. It’s a common law tort rule that can be used in negligence cases.

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19
Q

Defamation

A

Defamation in this context is defined as a communicated false statement which harms the reputation of the former employee.

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20
Q

Defined Benefit Plan

A

A type of pension plan that provides a fixed amount payment upon retirement

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21
Q

Defined Contribution Plan

A

A type of pension plan in which an employer sets aside a certain amount each year for the employee, to be distributed upon retirement.

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22
Q

Dual purpose mission

A

Dual purpose mission occurs when an employee conducts personal and work business at the same time; subjecting the employer to liability for the employee’s actions.

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23
Q

Due Diligence

A

In employment law, “due diligence” refers to the thorough investigation and review of a company’s employment practices, policies, and employee records conducted before a significant business transaction like a merger or acquisition, to identify potential legal liabilities related to labor laws, employee contracts, and outstanding disputes, ensuring the acquiring company is aware of the full employment landscape they are taking on.

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24
Q

Due process

A

due process – notice and an opportunity to be heard

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25
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
26
Employer
An entity that employs another to work on his or her behalf for pay.
27
E-Verify
E-Verify is an internet-based system operated by the federal government which allows an employer to determine the eligibility of an employee to work in the United States using information reported on that employee's Form I-9, Employment Eligibility Verification.
28
Exempt Employee
An exempt employee under the Fair Labor Standards Act (FLSA) is  an employee who is not covered by the FLSA's minimum wage and overtime pay provisions.
29
Fellow Servant Rule
The fellow-servant rule is a legal doctrine that states an employer is not liable for injuries caused to one employee by another employee.  It was a common law defense to vicarious liability.
30
Fiduciary
An entity that acts as a guardian or caretaker.
31
Fiduciary Duty
Fiduciary duty is a legal obligation to act in the best interests of another person or entity, rather than one's own. The person who has the duty is called the fiduciary, and the person who benefits is called the principal or beneficiary.
32
Four-Fifths Rule
The simplest and most common way of estimation adverse impact by ruling a screening device as discriminatory if its selection rates of a protected class are less than 80% of the majority.
33
Free-riders with regards to bargaining units
An employee who does not belong to a union, but benefits from union representation.
34
Frolic and detour
An employee's physical departure from the job in order to further his or her own interests and not the employer's.
35
Gender Plus Discrimination
Discrimination that results when an employer classifies employees on the basis of gender, plus another characteristic.
36
General Duty Clause under OSHA
OSHA requires the employer to "furnish to each of its employees ... a place of employment which [is] free from recognized hazards that are causing or are likely to cause death or serious physical harm." The general duty clause has the effect of limiting the common law defenses mentioned above, as it imposes upon the employer responsibility for workplace injuries.
37
Going and coming rule
A legal principle that removes an employer's liability from employees' actions going to and from their place of employment.
38
Illegal bargaining subjects
A bargaining subject that cannot legally be implemented into a collective bargaining agreement
39
Impasse
A deadlock reached by two bargaining parties whereby an issue cannot be resolved.
40
Injunctive Relief
Injunctive relief  is defined as "a court order that prohibits a defendant from certain actions."
41
Integrated enterprise
A business environment in which operations of two or more employers are so intertwined that they can be considered as a single employer for purposes of federal statutory coverage and liability.
42
Intrusion Upon Seclusion
A type of tort in which an employer intrudes upon an employee's private information.
43
Lock out
An employer's temporary work stoppage initiated during a labor dispute.
44
Major Life Activity defined by ADA
The protections of the ADA very narrowly and concluded that not all serious medical problems were necessarily disabilities and that the application of the ADA required an individualized assessment of the effects of the impairment upon a person. Both physical and mental impairments were included in the definition, but often the demarcation lines were blurry.
45
Mandatory bargaining subjects
A required bargaining subject that involves wages, benefits, hours, and layoff procedures.
46
Mass Layoff under WARN Act
A mass layoff is a workforce reduction at a single employment site during a 30 day period that is not caused by a plant clothing.
47
Negligent Hiring
Negligent hiring is  when an employer hires someone who is not fit for the job, and the employee causes harm to others.  This can happen when an employer doesn't properly vet a candidate's background.
48
Negligent Retention
Negligent retention is  when an employer keeps an employee who is unfit for the job and poses a risk of harm to others.  It can also include failing to discipline or transfer an employee who is misbehaving.
49
NLRB
Enacted in 1935, establishes workers' rights to form unions, collectively bargain and strike.
50
Non-exempt Employee
Non-exempt employees are  workers who are entitled to minimum wage and overtime pay  under the Fair Labor Standards Act (FLSA).  They are paid by the hour and must be compensated for all hours worked, including overtime.
51
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.
52
Placement in a False Light
A type of tort in which an employer publishes statement about an employee that are untrue and hurt the employee's reputation.
53
Plant Closing under WARN Act
A "plant closing" is 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.
54
Precedent
A controlling rule, example, or guide—which provided a framework for other judges to follow in deciding later cases.
55
Pretext
A false excuse used by an employer to cover up for discrimination.
56
Prima Facie Case
A prima facie case is a legal term that refers to a case with enough evidence to support a claim and warrant a trial.  The term comes from Latin and means "at first sight" or "on the face of it".
57
Progressive Discipline
Progressive discipline is  a process that uses a series of steps to correct an employee's performance or behavior issues.  The goal is to improve the employee's performance or change their behavior, not to punish them.
58
Public Disclosure of Private Facts
A type of tort in which an employer negligently or intentionally discloses an employee's private information.
59
Punitive Damages
Monetary damages designed to punish an employer who acted maliciously or recklessly.
60
Quid pro quo
(Latin for "this for that") The notion that an employer seeks sexual favors in exchange for some positive employment outcome for an employee.
61
Reasonable Accommodation
A reasonable accommodation is  an adjustment made to a system to make it fair for an individual with a disability.  Accommodations can be related to employment, academics, religion, or other areas.
62
Respondeat Superior Doctrine
The doctrine of respondeat superior holds that an employer is responsible for the actions of their employees if they occur within the scope of employment.  This doctrine is also known as the master-servant rule.
63
Retaliation
In a  retaliation  referral claim, a former employee must show that the negative referral provided by the former employer was in response to an employee's claims of discrimination or acts of whistleblowing.
64
Reverse Discrimination
Reverse discrimination is when an employee alleges disparate treatment under Title VII in cases where an employer, subject to an AA plan preference, impermissibly considers race and gender in an employment practice in favor of another.
65
Right to work laws
Laws that give employees the option to not join a union.
66
Scope of employment
Scope of employment is  the range of activities an employee is expected to perform for their employer.  It's a common law concept that's often used in civil litigation, such as workers' compensation and personal injury cases.
67
Serious health condition under FMLA
A serious health condition under the Family and Medical Leave Act (FMLA) is  a physical or mental condition that requires ongoing treatment or inpatient care.  It can also include an injury, impairment, or pregnancy.
68
Supremacy Clause
The Constitution contains a Supremacy Clause, which mandates that the Constitution, federal law, treaties, and federal regulations are the highest laws of the land and have priority over state law.
69
Tort
The common law definition of a tort is the commission of a civil wrong which causes someone to suffer loss or harm, resulting in legal liability.
70
Undue Hardship
Undue hardship is a legal term that describes  circumstances that make it unreasonable or disproportionate to fulfill a legal obligation.  It can apply to individuals or organizations.
71
Unfair labor practice under NLRA
An unfair labor practice (ULP) under the National Labor Relations Act (NLRA)  occurs when an employer or union interferes with an employee's rights. These rights include the right to organize, join a union, and bargain collectively.
72
Vesting (in terms of pension plans)
The conveying of an employee's right to benefits or contributions after a certain amount of time.
73
Vicarious liability
A form of secondary liability that comes from the doctrine of respondeat superior-"let the master answer for the servant".
74
Wildcat strike
A wildcat strike is  a work stoppage that happens without the approval of a union or other group.  Wildcat strikes are often sudden and unexpected, which can make them especially effective because employers are less likely to be prepared.
75
Worker's Compensation
Worker's compensation is a form of insurance providing wage replacement and medical benefits to employees injured in the course of employment in exchange for relinquishment of the employee's right to sue the employer for negligence.
76
Workweek defined in FLSA
The Fair Labor Standards Act (FLSA) defines a workweek as  168 hours over seven consecutive 24-hour periods.  The workweek can begin on any day of the week and at any hour.
77
Yellow dog contract
A document whereby an employee agrees not to organize or join a union.
78
Worker Adjustment and Retraining Act (WARN)
Gives terminated workers an opportunity to search for other employment or obtain additional training. (WARN requires employers with over 100 employees to provide detail written advance notifications of plant closings in mass layoffs to affected employees, union bargaining units, and state and local government officials at least 60 days prior to the closing.
79
Clayton Act
Enacted in 1914, prohibits the elimination of unions.
80
The Norris-LaGuardia Act
It governs the interplay between unions and businesses.
81
Labor Management Relations Act (LMRA also known as the Taft-Hartley Act)
It curbs union overreaching by protecting employees rights and prohibiting wildcat strikes.
82
Economic Strike
A work stoppage based upon frustration that management will not meet its demands for improvements in wages, hours, and benefits.
83
List at least four elements of a prima facie discrimination case for gender discrimination.
1) the employee is in the protective class 2) the employee is qualified for the position 3) the employee suffer some adverse employment action 4) a person of opposite gender received favorable employment, action or the employer continues to look for applicants for the position

Emploment Law (2 decks)

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