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
Lilly Ledbetter Fair Pay Act
U.S. act that creates a rolling time frame for fling wage discrimination claims and expands plaintiff field beyond employee who was discriminated against.
Employee & Labor Relations
General Duty Clause
Statement in U.S. Occupational Safety and Health Act that requires employers subject to the act to provide employees with a safe and healthy work environment.
Employee & Labor Relations
Weingarten rights
Union employees right in U.S. to have a union representative or coworker present during an investigatory interview.
Employee & Labor Relations
National Labor Relations Act
NLRA
U.S. act that protected and encouraged the growth of the union movement; established workers’ rights to organize and bargain collectively with employers.
Employee & Labor Relations
Electronic Communications Privacy Act
U.S. act that made it unlawful to intercept messages in transmission, access stored information in electronic communication services, or disclose any of this information.
Employee & Labor Relations
Consolidated Omnibus Budget Reconciliation Act
COBRA
U.S. act that provides individuals and dependents who may lose health-care coverage with opportunity to pay to continue coverage.
Employee & Labor Relations
Employees
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.
Employee & Labor Relations
ADA Amendments Act
ADAAA
Amendments 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.
Employee & Labor Relations
Overtime pay
Required for nonexempt workers under U.S. Fair Labor Standards Act at 1.5 times the regular rate of pay for hours over 40 in a work week.
Employee & Labor Relations
Sarbanes-Oxley Act
SOX
U.S. act that requires that all publicly held companies establish internal controls and procedures for financial reporting to reduce the possibility of corporate fraud.
Employee & Labor Relations
Faragher v. City of Baca Raton
U.S. court ruling that distinguished between supervisor harassment that results in tangible employment action and supervisor harassment that does not.
Employee & Labor Relations
Quid pro quo harassment
Type of sexual harassment that occurs when an employee is forced to choose between giving in to a superior’s sexual demands and forfeiting an economic benefit such as a pay increase, a promotion, or continued employment.
Employee & Labor Relations
Exempt employee
Employees who are excluded from U.S. Fair Labor Standards Act minimum wage and overtime pay requirements.
Employee & Labor Relations
Prudent person rule
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 investigating employee benefit program funds that a reasonably knowledgeable, prudent investor would under similar circumstances.
Employee & Labor Relations
Disability
Physical or mental impairment that substantially limits one’s major life activities.
Employee & Labor Relations
Fair Labor Standards Act
FLSA
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.
Employee & Labor Relations
Bona fide occupational qualification
BFOQ
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.
Employee & Labor Relations
Civil Rights Act of 1991
U.S. act that expands the possible damage awards available to victims of international discrimination to include compensatory and punitive damages; gives plaintiffs in cases of alleged discrimination the right to a jury trial.
Employee & Labor Relations
Gender identity
Refers to one’s internal, personal sense of being o man or a woman (boy or girl), which may or may not be the same as one’s sexual assignment at birth.
Employee & Labor Relations
Phillips V Martin Mariettta Corporation
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 children.
Employee & Labor Relations
Fair Credit Reporting Act
FCRA
U.S. act that protects privacy of background information and ensures that information supplied is accurate.
Employee & Labor Relations
Immigration Reform and Control Act
IRCA
U.S act that prohibits discrimination against job applicants on the basis of national origin or citizenship and establishes penalties for hiring undocumented workers.
Employee & Labor Relations
Civil Rights Act of 1964
First comprehensive U.S. law making it unlawful to discriminate on the basis of race, color, religion, sex, or national origin.
Employee & Labor Relations
Executive Order 13672
Amends Executive orders 11478 and 11246 to include gender identity and sexual orientation.
Employee & Labor Relations
Independent contractors
Self-employed individuals hired on a contact basis for specialized services.
Employee & Labor Relations
Reasonable accomodations
Modifying a job application process, a work environment, or the circumstances under which a job is performed to enable a qualified individual with a disability to be considered for the job and perform its essential functions.
Employee & Labor Relations
Near-shoring
Practice of contracting a part of business processes or production to an external company in a country that is relatively close.
Managing a Global Workforce
Offshoring
Method by which an organization relocates its processes or production to an international location through subsidiaries or third party affiliates.
Managing a Global Workforce
Repatriation
Process by which employees returning from international assignments reintegrate into their home country’s culture, conditions, and employment.
Managing a Global Workforce
Multinational enterprises
MNEs
Organizations that own or control production or service facilities in one or more countries other than the home country.
Managing a Global Workforce
Globalization
Status of growing interconnectedness and interdependency among countries, people, markets, and organizations worldwide.
Managing a Global Workforce
Onshoring
Relocation of business processes or production to a lower-cost location inside the same country as the business.
Managing a Global Workforce
Outsourcing
Process by which an organization contracts with third-party vendors to provide selected services/activities instead of hiring new employees.
Managing a Global Workforce
Identity alignment
Extent to which diversity is embraced in management of people, products/services, and branding.
Managing a Global Workforce
Local responsiveness
Globalization strategy that emphasizes adapting to the needs of local markets and allows subsidiaries to develop unique products, structures, and systems.
Managing a Global Workforce
Redeployment
Process by which an organization moves an employee out of an international assignment; can involve moving back to the home country, moving to different global locations, or moving to a new location.
Managing a Global Workforce
Assignees
Employees who work outside of their home countries
Managing a Global Workforce
Global integration
Global strategy that emphasizes consistency of approach, standardization of processes, and a common corporate culture across global operations.
Managing a Global Workforce
Ethnocentric Orientation
Definition: A multinational corporation orientation where the home country’s values, culture, and practices are considered superior and guide decision-making across global operations.
Characteristics: Centralized control, key positions held by home country nationals, limited adaptation to local markets.
Polycentric Orientation
Definition: A multinational corporation orientation that emphasizes adapting to local cultures, practices, and market conditions in each host country where the company operates.
Characteristics: Decentralized decision-making, local autonomy, hiring host country nationals for key positions.
Geocentric Orientation
Definition: A multinational corporation orientation that seeks to integrate global operations by focusing on finding the best talent globally, regardless of nationality, and promoting a cohesive organizational culture.
Characteristics: Global mindset, talent mobility across regions, emphasis on global consistency while accommodating local differences.
Regiocentric Orientation
Definition: A multinational corporation orientation that views the world in regional segments and tailors strategies and operations to fit the needs and characteristics of each region.
Characteristics: Regional focus, customized approaches for different regions, balancing global standards with regional nuances.
Upstream Strategy
Definition: An upstream strategy focuses on activities that occur earlier in the value chain, such as research and development, supplier management, and strategic partnerships.
Characteristics: Long-term planning, innovation, supply chain optimization, risk management.
Downstream Strategy
Definition: A downstream strategy concentrates on activities that occur later in the value chain, including marketing, distribution, sales, and customer service.
Characteristics: Market positioning, customer satisfaction, revenue generation, brand management.
Globalist
Spends their entire careers in international assignments, moving from one locale to another.
Local hires
Hired locally in subsidiary countries (and are also known as HCs, host-country nationals)
Short-term assignees
On assignment for less than a year but more than a few weeks, often without moving the family.
International assignees
Traditional expatriates on full relocation assignments lasting from one to three years.
Commuters
Travel across a country border for work regularly.
Just-in-time expatriates
Ad hoc or contract workers hired for a single assignment.
Sustainability
Practice of purchasing and using resources wisely by balancing economic, social, and environmental concerns, with the goal of securing the interests of present and future generations.
Ethics
Set of behavioral guidelines that an organization expects all of its directors, managers, and employees to follow to ensure appropriate moral and ethical business standards.
Corporate social responsibility
Varying ways an organization can create value, looking beyond traditional profit measures of revenue and expenses; includes such areas as philanthropy, volunteerism, corporate-sponsored community programs, social change, sustainability, corporate governance employee rights, and workplace safety.
Tripple bottom line
Economic, social, and environmental impact metrics used to determine an organization’s success.
Governance
System of rules and processes set up by an organization to ensure its compliance with local and international laws, accounting rules, ethical norms, internal codes of conduct, and other standards.
Compliance
State of being in accordance with all national, federal, regional, and or local laws, regulations, and or other government authority requirements applicable to the places in which an organization operates.
Residual risk
Amount of uncertainty that remains after all risk management efforts have been exhausted.
Contingency plan
Protocol that an organization implements when an identified risk event occurs.
Risk Tolerance
A characterization of the amount of uncertainty (acceptable risk) an organization is willing to pursue or to accept to attain its risk management goals, defined in a range above and below a target.
Risk scorecard
Tool used to gather individual assessments of various characteristics of risk (for example, frequency of occurrence; degree of impact, loss or gain for the organization; degree of efficacy of current controls.)
Duty of care
Principle that organizations should take all steps that are reasonably possible to ensure the health, safety, and well-being of employees and protect them from foreseeable injury.
Risk position
Organization’s desired gain or acceptable loss in value.
Princpal-agent problem
Situation in which an agent (for example, an employee makes decisions for a principle (for example and employer) potentially on the basis of personal incentives that may not be aligned with the principal’s incentives.
Risk
Uncertainty that has an effect on an objective, where outcomes may include opportunities, losses and threats.
Annualized loss expectancy (ALE)
Expected monetary loss for an asset due to risk over a one-year period; calculated by multiplying single loss expectancy by annualized rate of occurrence.
Conflict of interest
Situation in which a person or organization may benefit from undue influence due to involvement in outside activities, relationships, or investments that conflict with or have an impact on the employment relationship or its outcomes.
Moral hazard
Situation in which one party engages in risky behavior knowing that it is protected against the risk because another party will incur any resulting loss.
Risk management
System for identifying, evaluating and controlling actual and potential risks to an organization.
Risk control
Action taken to manage a risk.
Risk appetite
Ahigh-level characterization of the amount of uncertainty (acceptable risk) an organization is willing to pursue or to accept to attain its risk management goals.
Hazard
Potential for harm, often associated with a condition or activity that, if left uncontrolled, can result in injury or illness.
Whistle blowing
Reporting of an organization’s violations of policies and processes by employees.
Key risk indicators (KRIs)
Metrics that provide an early signal of increasing risk exposures for an enterprise.
Single loss expectancy (SLE)
Expected monetary loss every time a risk occurs; calculated by multiplying asset value by exposure factor.