D352 WGU-OA Study Guide

D352 WGU-OA Study Guide Leave the first rating Students also studied Terms in this set (79) Social SciencesLaw Civil Law Save Key Concepts in Employment and L...20 terms bpari14Preview WGU D352 Employment and Labor ...230 terms chall0512Preview D352 Teacher 54 terms kaywest221Preview

D352 S

94 terms rhia Worker Adjustment and Retraining Notification Act (WARN) (Time before Mass Layoff) Enacted in 1988, it gives terminated workers an opportunity to search for other employment or obtain additional training.WARN requires employers with over 100 employees to provide detailed written advance notification of plant closings and mass layoffs to affected employees. 60 days advance notice for plant closings and mass layoffs.Yellow Dog ContractA document whereby an employee agrees not to organize or join a union.20-factor AnalysisA guide adopted by the Internal Revenue Service for determining if a worker should be classified as an independent contractor.Affirmative Action (AA)Any action taken by an employer to overcome discriminatory effects of past or current practices that create barriers to equal employment opportunity.Affirmative Action Plan"Plan that analyzes a workforce to determine whether protected classes are underutilized in different job groups and describes how an organization will address any underutilization that exists." Age DiscriminationTreating an applicant or employee less favorably because of his or her age.Age Discrimination in Employment Act (ADEA) Enacted in 1967, it protects employees who are 40 years of age and older.Americans with Disabilities Act (ADA)Employers with 15 or more employees are prohibited from discriminating against people with disabilities. In general, the employment provisions of the ADA require equal opportunity in selecting, testing, and hiring qualified applicants with disabilities; job accommodation for applicants and workers with disabilities when such accommodations would not impose "undue hardship;" and equal opportunity in promotion and benefits.

TortA civil wrong which causes someone harm.U.S ConstitutionEstablished America's national government and fundamental laws, and guaranteed certain basic rights for its citizens.Sexual HarassmentHarassment directed at an employee because of his or her gender.Stare Decisis(Latin for "let the decision stand") the doctrine of a court following the precedent of an earlier court Supremacy ClauseArticle VI, Paragraph 2 of the Constitution is commonly referred to as the Supremacy Clause. It establishes that the federal constitution, and federal law generally, take precedence over state laws, and even state constitutions.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.Reasonable AccommodationA reasonable change to the work environment that allows an individual with a disability to perform job functions.RebuttalThe action of contradicting or opposing by formal legal argument, plea, or countervailing proof. In this step the plaintiff responds to the employer during an EEOC discrimination claim hearing.Reverse DiscriminationDiscrimination that occurs when an employer, acting under an affirmative action plan, favors one race or gender in an employment decision.Scope of EmploymentEmployee conduct that is reasonably relative to a job description.Permissive Bargaining SubjectA bargaining subject that either party may bring to the table, but over which the other party is not required to bargain.PrecedentA controlling rule, example, or guide established by a judge that provides a framework for other judges to follow in later cases Prima Facie(Latin for "at first sight") Evidence based on the first impression.Privacy ActEnacted in 1973, it governs the release of private information about public employees to federal agencies.Progressive DisciplinePerformance management tool designed to modify employee behavior by using a set of increasingly severe discipline steps, with consequences, that hold the employee responsible.Integrated EnterpriseA 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.Labor-Management Relations Act (LMRA)Enacted in 1947, it curbs union overreaching by protecting employee rights and prohibiting wildcat strikes.

Labor-Management Reporting and Disclosure Act of 1959

(LMRDA)

Enacted in 1959, it creates a union member "bill of rights" in order to empower union members and reduce union corruption.Lock OutAn employer's temporary work stoppage initiated during a labor dispute.Mandatory Bargaining SubjectA required bargaining subject that involves wages, benefits, hours, and layoff procedures.MediationA procedure for resolving collective bargaining impasses by a mediator (third party with no formal authority) who acts as a facilitator and go-between in the negotiations.National Labor Relations Act (NLRA)Enacted in 1935, it establishes workers' rights to form unions, collectively bargain, and strike.National Labor Relations Board (NLRB)A federal administrative agency that administers the provisions of the NLRA.National OriginLocation of birth.Negligent ReferralA claim in which an employer has provided an untrue reference that omits information about an employee's dangerous and/or criminal behavior.Negligent RetentionA claim that arises when an employer fails to terminate an employee when it is apparent that he or she poses a danger to others.Occupational Safety and Health Act (OSHA)Enacted in 1970, it governs safety in all businesses and created the Department of Labor and the Occupational Safety and Health Administration.Official Bargaining UnitA group of workers represented by a union in collective bargaining.ArbitrationA procedure for resolving collective bargaining impasses by which an arbitrator (third party) choose a solution to the dispute.BFOQ(Bona Fide Occupational Qualification) Job requirement that an employee be a particular religion, sex, or national origin that is reasonably necessary to business operations. For instance, it is assumed that an opening for a Baptist minister at a local Baptist church would be filled by a minister who is actually a person who celebrates the Baptist religion and not, say, the Episcopal religion.Civil Rights Act of 1964Enacted in 1964, it prohibits race discrimination in employment.Constructive DischargeResignation of an employee because an employer allows working conditions that are no longer tolerable for any reasonable employee.Consumer Reporting Agency (CRA)An entity that collects and provides information about persons for use in credit and/or employment evaluation.Continual Training RequirementA mandate that all employers provide training to workers on a periodic basis and whenever an employee is hired or assigned to a new job.

Four-fifths RuleThe simplest and most common way of estimating adverse impact by ruling a screening device as discriminatory if its selection rates of a protected class are less than 80% of the majority.Frolic and DetourAn employee's physical departure from the job in order to further his or her own interests and not the employer's.General Duty ClauseRequires employers to provide their employees with a safe and hazard-free place of employment.Going and Coming RuleA legal principle that removes an employer's liability from employees' actions going to and from their place of employment.Good FaithA concept that requires a mutual obligation of both parties to participate actively in negotiations by demonstrating intent to resolve a dispute.Hostile Work EnvironmentAs defined by the Equal Employment Opportunity Commission (EEOC), a work environment in which an individual or individuals are subjected to a pattern of harassment "when submission to or rejection of this conduct explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance, or creates an intimidating, hostile, or offensive work environment." I-9A form enacted under the IRCA that documents employee identity and right to work in the U.S. (specifies acceptable documents).Immigration Reform and Control Act of 1986 (IRCA) Enacted in 1986,Immigration Reform and Control Actit prohibits employers from knowingly hiring undocumented workers and requires them to verify eligible workers within three business days of hiring.ImpasseA deadlock reached by two bargaining parties whereby an issue cannot be resolved.Implied ContractA legally binding agreement which is created, not through formal contract negotiation and documentation, but by the actions of the employer and the employee.Implied Covenant of Good Faith and Fair Dealing A presumption that each party in a contract will deal with each other in good faith and fairness.E-VerifyAn 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. 3 DAYS Economic Realities TestA test that classifies a worker as an employee if the employee is substantially economically dependent on an employer.Employment-at-will DoctrineThe predominant rule governing employer-employee relations that states that an employer may terminate an employee at any time, for any legal reason, without incurring liability.