Worplace Flashcards
Davis-Bacon Act
U.S. act that requires certain contractors and subcontractors to pay laborers and mechanics no less than the locally prevailing wages and fringe benefits for corresponding work on federal contracts.
Employee & Labor Relations
National Federation of Independent Business V. Sebelius
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.
Employee & Labor Relations
Labor-Management Relations Act (LMRA)
U.S. act that imposed several restrictions and requirements on unions.
Employee & Labor Relations
McNamara-O’Hara Service Contract Act
U.S. act that requires contractors and subcontractors on certain contracts to pay service employees in various classes no less that the wage rates and fringe benefits found in the locality, or the rates found in the previous contractor’s collective bargaining agreement.
Employee & Labor Relations
Occupational Safety and Health (OSH) Act
U.S. act that established the first national policy for workplace safety and health and continues to deliver standards that employers must meet to guarantee the health and safety of their employees.
Employee & Labor Relations
NLRB V. Weingarten
Landmark 1975 U.S. labor relations case that dealt with the right of unionized employees to have another person present during certain investigatory interviews.
Employee & Labor Relations
Family and Medical Leave Act ( FMLA)
U.S. act that provides employees with up to 12 weeks of unpaid leave to care for family members or because of serious health condition of the employee.
Employee & Labor Relations
Occupational injury
Injury that results from a work-related accident or exposure involving a single incident in the work environment.
Employee & Labor Relations
Lechmere, Inc. v. NLRB
1992 case in which the U.S. Supreme Court ruled that an employer cannot be compelled to allow nonemployee organizers onto the business property.
Employee & Labor Relations
Uniformed Services Employment and Reemployment Rights Act (USERRA)
U.S. act that protects the employment, reemployment, and retention rights of persons who serve or have served in the uniformed services.
Employee & Labor Relations
Drug-Free Workplace Act
U.S. law that requires federal contractors with contracts of $100,000 or more as well as recipients of grants from federal government to certify that they are maintaining a drug-free workplace.
Employee & Labor Relations
Worker Adjustment and Retraining Notification (WARN) Act
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.
Employee & Labor Relations
National Defense Authorization Acts (NDAA)
U.S. acts that expanded FMLA leave for employees with family members who are covered members of the military.
Employee & Labor Relations
Occupational illness
Medical condition or disorder, other than one resulting from an occupational injury caused by exposure to environmental factors associated with employment.
Employee & Labor Relations
Employee Polygraph Protection Act (EPPA)
U.S. act that prevents private employers form requiring applicants or employees to take a polygraph test for preemployment screening or during the course of employments, with certain exceptions.
Employee & Labor Relations
Employment at-will
Principle of employment in the U.S. that employers have the right to hire, fire, demote, and promote whomever they choose for any reason unless there is a law or contract to the contrary and that employees have the right to quit a job at any time.
Employee & Labor Relations
National origin
Refers to the country (including those that no longer exist) of one’s birth or of one’s ancestors’ birth
Employee & Labor Relations
Greggs V. Duke Power
U.S. case that set the standard for determining whether discrimination based on disparate impact exists.
Employee & Labor Relations
Disparate impact
Type of discrimination that results when a policy that appears to be neutral has a discriminatory effect: also, known as adverse impact.
Example: requiring job applicants to pass a physical exam giving males an advantage over females.
Employee & Labor Relations
Pregnancy Discrimination Act
U.S. act that prohibits discrimination on the basis of pregnancy, childbirth, or related medical conditions.
Employee & Labor Relations
Age Discrimination in Employment Act
ADEA
U.S. act that prohibits discrimination in the workplace on the basis of age.
Employee & Labor Relations
Adverse impact
Type of discrimination that results when a policy that appears to be neutral has a discriminatory effect: also known as disparate impact.
Employee & Labor Relations
Uniform Guidelines on Employee Selection Procedures
Procedural document designed to assist employers in complying with federal regulations prohibiting discrimination.
Employee & Labor Relations
Employment practices liability insurance
EPLI
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.
Employee & Labor Relations
Protected Class
People who are covered under a particular federal or state antidiscrimination law.
Employee & Labor Relations
Comparable worth
Concept that jobs filled primarily by women that require skills, effort, responsibility, and working conditions comparable to similar jobs filled primarily by men should have the same classification and salaries.
Employee & Labor Relations
Older Workers Benefit Protection Act
OWBPA
U.S act that amended the Age Discrimination in Employment Act to include all employee benefits; also provided standards that an employee’s waiver of the rights to sue for age discrimination must meet in order to be up help by the court.
Employee & Labor Relations
Vicarious liability
Legal doctrine under which a party can be held liable for the wrongful actions of another party.
Employee & Labor Relations
Portal-to-Portal Act
U.S. act that defines what is included as hours worked and is therefore compensable and a factor in calculating overtime.
Employee & Labor Relations
Equal Employment Opportunity Act
U.S. act that amended the TitleVII and gave the Equal Employment Opportunity Commission authority to “backup” its administrative findings and conduct its own enforcement litigation.
Employee & Labor Relations
Vietnam Era Veteran’s Readjustment Assistance Act
VEVRAA
U.S. act that prohibits discrimination against specified categories of veterans applies to federal government contractors and subcontractors.
Employee & Labor Relations
Disparate treatment
Type of discrimination that occurs when an applicant or employee is treated differently because of his or her membership in a protected class.
Employee & Labor Relations
Fair and Accurate Credit Transactions Act
FACT Act
U.S. act that frees employers who use third parties to conduct workplace investigations from the consent and disclosure requirements of the Fair Credit Reporting Act in certain cases.
Employee & Labor Relations
Sexual orientation
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.
Employee & Labor Relations
McDonnel Douglas Corp. V. Green
Case that established criteria for disparate treatment.
Employee & Labor Relations
Americans with Disabilities Act
ADA
U.S. Act that prohibits discrimination against a qualified individual with a disability because of his/her disability.
Employee & Labor Relations
Genetic information Nondiscrimination Act
GINA
U.S. act that prohibits discrimination against individuals on the basis of their genetic information in both employment and health insurance.
Employee & Labor Relations
Equal Pay Act
EPA
U.S. act that prohibits wage discrimination by requiring equal pay for equal or “substantially equal” work performed by men and women.
Employee & Labor Relations
Ledbetter V. Goodyear Tire and Rubber Company
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.
Employee & Labor Relations
Workweek
Any fixed, recuring period of 168 consecutive hours (7 days’ time 24 hours + 168 consecutive hours).
Employee & Labor Relations
Burlington Industries, Inc. V Ellerth
U.S. court ruling that distinguished between supervisory harassment that results in tangible employment action and supervisor harassment that does not.
Employee & Labor Relations
Vesting
Process by which a retirement benefit becomes nonforfeitable.
Employee & Labor Relations
Nonexempt employees
Employees covered under U.S. Fair Labor Standards Act regulations, including minimum wage and overtime pay requirements.
Employee & Labor Relations
Hostile environment harassment
Occurs when sexual or other discriminatory conduct is so severe and pervasive that it interferes with an individual’s performance; creates an intimidating, threatening, or humiliating work environment; or perpetuates a situation that affects the employee’s psychological well-being.
Employee & Labor Relations
Employee Retirement Income Security Act
ERISA
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 & Labor Relations
Walsh-Healey Public Contracts Act
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.
Employee & Labor Relations
Defense of Marriage Act
DOMA
U.S. act that defined marriage as the union of one man and one woman and permitted states to not recognize same-sex marriages recognized by other states: rules unconstitutional by the United States Supreme Court.
Employee & Labor Relations
Labor Management Reporting and Disclosure Act
LMRDA
U.S. act that imposed regulations on internal union affairs and relationship between union and officials and union members.
Employee & Labor Relations
Patient Protection and Affordable Care Act
PPACA
2010 U.S. law that requires virtually all citizens and legal residents to have minimum health coverage and requires employers with more than 50 full time employees to provide health coverage that meets minimum benefit specifications or pay a penalty.
Employee & Labor Relations