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WGU D352 Employment and Labor Law 11 studiers recently 5.0 (2 reviews) Students also studied Terms in this set (230) Western Governors UniversityD 216 Save D352 - Employment and Labor Law Teacher 81 terms T_AutmanPreview D352 Teacher 54 terms kaywest221Preview Pre-Assessment D352 54 terms hballengeePreview

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147 term Brit Whistleblower ProtectionsLegal safeguards for individuals reporting illegal activities in an organization.ArbitrationA method of dispute resolution where a neutral third party makes a binding decision.Employment At WillThe legal doctrine that allows employers to terminate employees without cause or notice.Workplace TortsCivil wrongs committed by one party against another in the workplace.Employee Rights Regarding PrivacyThe legal protections afforded to employees regarding their personal privacy in the workplace.Immigration Reform and Control Act (IRCA)Legislation that prohibits the hiring of illegal aliens and establishes verification requirements for work eligibility.Equal Employment Opportunity Commission (EEOC) The federal agency responsible for enforcing laws against workplace discrimination.Disparate Treatment and Disparate ImpactForms of employment discrimination based on intentional bias or unintentional systemic effects.Affirmative ActionPolicies and practices designed to increase opportunities for historically disadvantaged groups.Introduction to Sexual Harassment Under Title VII An overview of the legal protections against sexual harassment in the workplace.

Equal Pay ActLegislation that requires employers to pay men and women equal wages for equal work.Pregnancy Discrimination ActA law that prohibits employment discrimination based on pregnancy, childbirth, or related medical conditions.Family Medical Leave Act (FMLA)Legislation that provides eligible employees with unpaid leave for certain family and medical reasons.Discrimination under Title VII--Religion and National Origin Protections against employment discrimination based on religion and national origin.Age Discrimination in Employment Act (ADEA) Legislation that prohibits employment discrimination against individuals who are 40 years of age or older.Americans with Disabilities Act (ADA)Legislation that prohibits employment discrimination against individuals with disabilities and requires reasonable accommodations.Genetic Information and Nondisclosure Act (GINA) Legislation that prohibits employment discrimination based on genetic information.Labor RelationsThe relationship between employers and employees, particularly in the context of collective bargaining and unionization.Norris-LaGuardia ActLegislation that limits the ability of federal courts to issue injunctions in labor disputes.National Labor Relations ActLegislation that protects the rights of employees to engage in collective bargaining and other concerted activities.Labor Management Reporting & Disclosure Act (LMRDA) Legislation that regulates the internal affairs of labor unions and protects the rights of union members.Employee Relations & Risk ManagementThe management of employee relations and the identification and mitigation of risks in the workplace.Administrative Employee under FLSAAn employee who performs office or non-manual work directly related to the management or general business operations of the employer.Assumption of RiskThe legal doctrine that relieves a party of liability for injuries resulting from inherent risks or dangers.Compensatory Time under FLSATime off from work that is provided instead of overtime pay, typically for public sector employees.Computer Related Occupations under FLSAJobs that involve the application of systems analysis techniques and procedures to solve business problems using computer technology.Contributory NegligenceA legal doctrine that reduces or eliminates the damages awarded to a plaintiff if their own negligence contributed to their injury.

Executive Employee under FLSAAn employee who meets certain criteria related to their job duties and is exempt from the overtime provisions of the Fair Labor Standards Act.Exempt EmployeeAn employee who is exempt from the minimum wage and overtime provisions of the Fair Labor Standards Act.Experimental variance under OSH ActA temporary exemption from a specific OSHA standard granted to an employer for the purpose of conducting experiments to develop new and improved safety measures.Fellow-servant doctrineA legal doctrine that holds that an employer is not liable for the negligence of an employee if the employee is in the same position as the injured party.FiduciaryA person or entity that is entrusted with the responsibility to act in the best interests of another party.Fiduciary DutyThe legal obligation of a fiduciary to act in the best interests of the party to whom they owe a duty.General Duty Clause under OSHAA provision of the Occupational Safety and Health Act that requires employers to provide a workplace free from recognized hazards that are causing or likely to cause death or serious physical harm.Mass Layoff under WARNA reduction in force that results in the termination of employment for a large number of employees at a single site of employment.Non-exempt EmployeeAn employee who is not exempt from the minimum wage and overtime provisions of the Fair Labor Standards Act.Outside Salesperson under FLSAAn employee whose primary duty is making sales or obtaining orders or contracts for services outside of the employer's place of business.Overtime Pay defined in FLSAAdditional compensation that must be paid to non-exempt employees for hours worked in excess of 40 in a workweek.Plant Closing under WARNThe permanent or temporary shutdown of a single site of employment, or the permanent or temporary shutdown of one or more facilities or operating units within a single site of employment, resulting in an employment loss for a specified number of employees.Professional Employee under FLSAAn employee whose primary duty is the performance of work requiring advanced knowledge in a field of science or learning that is customarily acquired by a prolonged course of specialized intellectual instruction.Vesting (in terms of pension plans)The process by which an employee becomes entitled to receive the employer's contributions to a retirement plan.Willful misconduct under unemployment compensation Intentional or reckless behavior that results in the termination of employment and disqualifies the employee from receiving unemployment compensation benefits.

Worker's CompensationA system of insurance that provides medical and wage replacement benefits to employees who are injured or become ill in the course of their employment.Workweek defined in FLSAA fixed and regularly recurring period of 168 hours, or seven consecutive 24-hour periods.MediationNegotiation to resolve differences conducted by some impartial party Exemptions to employment at willPublic policy Implied contract Covenant of good faith and fair dealing public policy exceptionprohibits employers from firing employees engaged in activities that further the public interest implied contract exceptionAn exception to the employment-at-will doctrine stating that a legally binding agreement is created between an employer and employee based on their actions, and not on a formal contract.Covenant of good faith and fair dealing exception An exception to the employment-at-will doctrine that is an implied contractual obligation to act in good faith in the fulfillment of each party's contractual duties AgentA 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.Agency relationshipIf it vests the employee with power to contract, the employer is responsible to third parties for the contract obligations entered into on its behalf by the agent.Bona Fide Occupational Qualification (BFOQ)an exception in employment law that permits sex, age, religion, and the like to be used when making employment decisions, but only if they are "reasonably necessary to the normal operation of that particular business." BFOQs are strictly monitored by the Equal Employment Opportunity Commission Business NecessityA defense to allegations of employment discrimination in which the employer demonstrates that an employment practice that discriminates against members of a protected class is related to job performance.Disability defined by ADAa physical or mental impairment that substantially limits one or more major life activities "Key Employee" defined by FMLAa salaried, FMLA-eligible employee who is among the highest paid 10 percent of all the employees employed by the employer within 75 miles of the employee's worksite.Common lawa system of law based on precedent and customs Defamationthe action of damaging the good reputation of someone; slander or libel.