DALTONDAN341 Preview

d352 employment and labor law vocab Leave the first rating Students also studied Terms in this set (90) Social SciencesLaw Civil Law Save NJ Title Producer Terms & Concepts...Teacher 62 terms DALTONDAN341 Preview Manufactured Housing Test Exam (2...Teacher 116 terms WhitePanda1625 Preview Escrow Common Terms Teacher 101 terms Clifford_Ombui Preview TN time Teacher Raz Practice questions for this set Learn1 / 7Study using Learn Knowledge requirement for professional employees What is an agency relationship?Contract relationship between principal and agent What is assumption of risk?Accepting the potential consequences and dangers of a particular activity What is Bona Fide Occupational Qualification (BFOQ)? Exception to civil rights law allowing specific hiring based on business necessity Choose an answer 1 Basic knowledge acquired through on-the- job training.2 General knowledge obtained through vocational courses.3 Advanced knowledge acquired through intellectual instruction.4 Practical skills gained through hands-on experience.Don't know?

What is business necessity?Safe and efficient performance of business requiring specific employee characteristics How is disability defined by ADA?Physical or mental impairment that substantially limits major life activities Who are key employees defined by FMLA?Employees who can be denied leave and are crucial to business operations What is common law?Law created by courts when statutes are not fully established What is defamation?Intentional false communication that harms reputation (libel or slander) How is disability defined by ADA?Physical or mental impairment that substantially limits major life activities What is due diligence?Steps taken by employer to ensure eligibility of applicants for hiring What is eavesdropping?Surreptitiously listening to a private conversation What is effort under the Equal Pay Act?Substantially equivalent physical or mental exertion required for a job What is election of remedies?Choosing one means of redress to the exclusion of others What is an employer?One who employs others in exchange for wages What is the Equal Work for Equal Pay Act?Legislation requiring equal pay for men and women performing substantially equal work Gender Plus DiscriminationEmployer classifies employees based on gender and another characteristic Intrusion Upon SeclusionTort dealing with collection of information about an individual Negligent HiringEmployer hires employee who could cause harm Nonsuspect classNeutral basis of discrimination not related to race, color, gender, religion, or national origin Office of Federal Contract Compliance Programs

(OFCCP)

Government agency ensuring compliance with federal contract requirements PrecedentLegal decision serving as a guide for future cases Prima Facie CaseSufficient evidence to support a legal claim Protected Heath Information (PHI)Information subject to privacy protection under federal law Race NormingAdjusting test scores based on race Reasonable AccommodationModifications to accommodate individuals with disabilities

Reasonable Factor Other Than Age under ADEA Non-age-related factor justifying employment decision Reasonable Person StandardStandard used to assess behavior in legal cases Remedial affirmative action programPrograms to remedy illegal discrimination Responsibility under Equal Pay ActDegree of accountability required in job performance RetaliationNegative action taken against someone for exercising their rights Reverse DiscriminationDiscrimination against a majority group Scope of employmentExtent of job-related responsibilities Serious health condition under FMLAAn illness, injury, or condition that requires inpatient hospital care or lasts more than three days and requires continuing treatment by a healthcare provider, or involves pregnancy, or a long-term or permanently disabling health condition, or absences for receiving multiple treatments for restorative surgery, or for a condition that would likely result in a period of incapacity of more than 3 days if it were not treated.Skill under Equal Pay ActIncludes substantially equivalent experience, training, education, and ability.SurveillanceObservation from a distance by means of electronic equipment or other technological means. Also includes no/low tech methods such as direct observation, observation with binoculars, postal interception, or similar methods.TortA private or civil wrong or injury, caused by one party to another, either intentionally or negligently.Undue HardshipAn accommodation that requires significant difficulty or expense for the employer.Vicarious liabilityLegal responsibility imposed on one person for the actions or omissions of another person.Working Conditions under Equal Pay ActIncludes the physical surroundings and hazards involved in a job.Bargaining unitA group of employees being represented by a union.Closed shopAn employer who agrees to hire only those employees who are already union members.Collective bargainingProcess by which a union and employer meet and confer with respect to wages, hours, and other terms and conditions of employment.Consent electionAn election conducted by the regional office giving the regional director final authority over any disputes.

Authorization cardsCards signed by employees indicating that they authorize the union to act as the employees' bargaining agent and to seek an election on behalf of the employees.What is an Administrative Law Judge?Judges independent of the board and general counsel.Define Due Process.Fair treatment under the law.What is an Economic Strike?Strike over economic issues like contracts or grievances.What is an Ex Parte Proceeding?Court hearing without one party present.Who are Free-riders with regards to bargaining units? Workers who benefit from union activity without paying fees.What are Illegal Bargaining Subjects?Proposals that violate labor laws.Define Impasse.Deadlock in negotiations.What is an Injunction?Court order prohibiting or commanding certain actions.What is a Lock Out?Employer's temporary withdrawal of employment to pressure employees.What are Mandatory Bargaining Subjects?Matters that significantly affect employment terms and conditions.What is the NLRB?Enforcer of the NLRA.What is the NLR's 48 Hour Rule?Requirement to provide evidence supporting a representation election petition within 48 hours.What are Permissive Bargaining Subjects?Matters that are not mandatory or illegal, but can be bargained over.Define Right to Work Laws.Laws that prohibit mandatory union membership.What is an Unfair Labor Practices Strike?Strike to protest unfair employer practices.Define Union Shop.Collective agreement provision requiring employees to become union members.What is Voluntary Recognition in relation to Union Representation?Employee agreement to recognize a union without a certification election.What is a wildcat strike?A strike not authorized by the union.What is a yellow dog contract?Contracts that require employees to agree not to join a union.Who is considered an administrative employee under FLSA?Exempt employee compensated on a salary or fee basis, performing office or non-manual work related to management or general business operations, exercising discretion and independent judgment.