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D352 V2 Employment and Labor Law Leave the first rating Students also studied Terms in this set (121) Social SciencesLaw Civil Law Save D352 - Employment and Labor Law Teacher 81 terms T_AutmanPreview D216 Business Law for Accountants ...65 terms juliagoolia0906 Preview

Pre-Assessment: Employment Law

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D352 V

188 term Ana Practice questions for this set Learn1 / 7Study using Learn USERRA (Uniformed Services Employment and Reemployment Rights Act) Disability defined by ADAA physical or mental condition that hinders an employee's movement or 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.Choose an answer 1 Requires employers to provide additional benefits for military service 2 Guarantees promotions for veterans in the workplace 3 Protects against discrimination based on military service 4 Ensures mandatory military leave for all employees Don't know?

agencyA contract relationship between a principal and an agent whereby the principal authorizes the agent to work on their behalf and with power to bind the principal Appropriation of Image or LikenessA type of tort in which an employer uses the name, image, or likeness of an employee for commercial purposes in a way that is not described in the job description.Assumption of RiskA doctrine under which a plaintiff may not recover for injuries or damage suffered from risks he or she knows of and has voluntarily assumed.precedentan example that may serve as a basis for imitation or later action tortA civil wrong Vicarious LiabilityIndirect liability imposed on a supervisory party (such as an employer) for the actions of a subordinate (such as an employee) because of the relationship between the two parties.Scope of EmploymentEmployee conduct that is reasonably relative to a job description.Frolic and DetourAn employee's physical departure from the job in order to further his or her own interests and not the employer's.Going and Coming RuleA legal principle that removes an employer's liability from employees' actions going to and from their place of employment.dual-purpose missionOccurs when an employee conducts personal and work business at the same time; subjecting the employer to liability for the employee's actions Supremacy ClauseFederal law is supreme over state law Authorization cardsCards signed by employees to indicate that they want union representation.bargaining unitthe group of employees the union will be authorized to represent Bona Fide Occupational Qualification (BFOQ)a necessary (not merely preferred) qualification for performing a job Breach of Duty (Negligence)A claim in which an employer has provided an untrue reference that omits information about an employee's dangerous and/or criminal behavior 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.closed-shop unionAn illegal requirement that an employee be a union member collective bargainingNegotiations between representatives of labor unions and management to determine pay and acceptable working conditions.

Compensatory timetime off from work rather than money for working overtime Compliance requirement under OSHAA mandate that all employers comply with all safety and health requirements issued by the Department of Labor.Concerted Activity under NLRAAny effort by employees to join together to seek improvement in working conditions.Contributory NegligenceA legal defense that may be raised when the defendant feels that the conduct of the plaintiff somehow contributed to any injuries or damages that were sustained by the plaintiff.DefamationAct of harming or ruining another's reputation defined benefit planpension plan that guarantees a specified level of retirement income defined contribution planretirement plan in which the employer sets up an individual account for each employee and specifies the size of the investment into that account due diligencethe exercise of reasonable care in the evaluation of a business opportunity or hiring of employee Due ProcessOpportunity to be heard Duty to Bargain in Good FaithReasonable efforts demonstrated by both management and labor during contract negotiations. Generally, it requires both sides to meet, confer, and make written offers. It does not require either side to concede or agree on any issue but rather to show reasonable intent to reach an agreement.employera person or organization that employs people.E-VerifyInternet-based verification system that allows employers to verify the employment eligibility of their employees regardless of citizenship.Exempt employeesEmployees who are excluded from U.S. Fair Labor Standards Act minimum wage and overtime pay requirements.Fellow Servant RuleAn employer's defense to liability for an employee's injury where the injury occurred on the job and was caused by the negligence of another employee.Fiduciarya person who holds assets in trust for a beneficiary Fiduciary DutyA legal obligation of one party to act in the best interest of another.Free ridersIndividuals who benefit from the union representation without paying union dues Gender Plus DiscriminationEmployment discrimination based on gender and some other factor such as marital status or children

General Duty Clause (OSHA)Each employer has a general duty to furnish each employee a place of employment free from recognized hazards that cause or are likely to cause death or serious physical harm.Illegal bargaining subjectsA bargaining subject that cannot legally be implemented into a collective bargaining agreement.impasseblocked path; dilemma with no solution 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.Intrusion upon seclusionA type of tort in which an employer intrudes upon an employee's private information.Lock outAction by an employer that closes a place of business in a labor dispute to force union members to meet its demands.Major Life ActivityA daily activity that an average person can perform with little or no difficulty.Mandatory bargaining subjectsA required bargaining subject that involves wages, benefits, hours, and layoff procedures.Mass Layoff defined by WARN Acta workforce reduction at a single employment site during a 30-day period that is not caused by a plant closing. It involves workforce reductions of at least 50 full- time employees when they comprise at least 33% of full-time employees, or the reduction of at least 500 employees.Negligent HiringHiring of an employee who the employer knew or should have known, based on a reasonable pre-hire investigation of the employee's background, posed a risk to others in the workplace 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.(NLRB) National Labor Relations Board (Wagner Act) an agency created in 1935 to prevent unfair labor practices and to mediate disputes between workers and management. Allowed creation of unions, collective bargaining, and strike.Non-exempt employeesemployees covered by the FLSA requirements for overtime pay Permissive bargaining subjectsA bargaining subject that either party may bring to the table, but over which the other party is not required to bargain.placement in a false lightA type of tort in which an employer publishes statements about an employee that are untrue and hurt the employee's reputation.