Term
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Definition
not applicable to companies with less than 3 employees
applicable to employees only
strict liability
exclusive remedy against employers
arise out of employment and during the course of employment |
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Term
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Definition
occupational Safety and health act
employers must have working environments free from safety hazards that may cause death or serious injury
creates OSHAgency to regulate
requires protection and training and reports of workplace injuries |
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Term
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Definition
Family Medical Leave Act
50+ employees
employed at least 12 months and 1250 hours
12 weeks of unpaid leave during any 12-month period for:
Birth of a child
Adoption of a child
Need to care for direct family with a serious health condition
own serious health condition
same or equivalent position as before leave |
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Term
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Definition
Federal Insurance Contributions Act
taxes employee income and requires employers to match
Applies to all employers
Benefits: Old-age/retirement, Survivor's, Disability, Medical |
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Term
| Unemployment Compensation |
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Definition
States administer under federal guidelines
Funded by state and federal taxes paid by employers
not eligible if: Quits without good cause, fired for bad conduct, Fails to seek new work, Refuses new work |
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Term
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Definition
Employee Retirement Income Security Act
employers who choose to offer pension plans
Fiduciary duties on pension fund managers
Record-keeping, reporting, and disclosure requirements
Mandatory guarantees on funding and fairness in vesting and participation |
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Term
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Definition
Fair Labor Standards Act
all employers and unions
minimum wage
1.5 rate for overtime
<14: prohibited
14-15: must be approved by the Department of Labor
16-17: prohibited in particularly hazardous occupations |
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Term
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Definition
National Labor Relations Act
Pro Union |
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Term
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Definition
Labor Management Relations Act
Pro Labor |
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Term
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Definition
Equal Pay Act
all employees
equal pay for MEN and WOMEN
Defenses: Bona fide seniority system, Bona fide merit system, Quality or quantity of production, Any factor other than gender
Equal Employment Opportunity Commission
do not need to file before lawsuit. |
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Term
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Definition
15+ employees
Prohibits discrimination based on race, color, religion, gender, or national origin
Applies to all employment decisions
must file a complaint and allow agency to file a lawsuit or resolve within 6 months or employee can sue
Prove with disparate treatment or disparate impact |
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Term
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Definition
treated differently because of race, color, gender, religion, or ethnicity
Burden shifts to employer to disprove |
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Term
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Definition
| Plaintiff applied and was qualified, Plaintiff is a member of the protected class, Employer rejected Plaintiff and kept looking |
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Term
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Definition
rule or practice that is non-discriminatory on its face, but the impact of the rule or practice is to discriminate
employer must show that the rule or practice is: Job-related and Consistent with business necessity
less discriminatory rule or practice is available as an effective alternative, but employer refuses to adopt it |
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Term
| Bona fide occupational qualification |
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Definition
Reasonably necessary for effective job performance, and
Reasonably necessary for business
BFOQ is intended to be narrow, rare category
Race and color are never a BFOQ |
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Term
| Age Discrimination in Employment Act |
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Definition
Applies to employers with 20+ employees
Protects workers 40+ years of age
Does not apply where older is favored (even if younger workers are age 40+)
Workers must file a complaint before suing |
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Term
| Americans with Disabilities Act |
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Definition
must make “reasonable accommodation” of an employee’s disability unless it would cause the employer “undue hardship”
employer must show that the employee cannot satisfy the rule or criteria even with reasonable accommodation |
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Term
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Definition
Either party can terminate an employment contract of indefinite duration for any or no reason
Does not apply to contracts
exceptions:anti-discrimination laws, Public policy, Implied covenant of good faith & fair dealing, Employment promises |
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Term
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Definition
Refusing to commit an unlawful act
Performing a public obligation (e.g., jury or military duty, whistle-blowing)
Exercising a legal right or privilege |
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Term
| Employee Polygraph Protection Act |
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Definition
Applies to private sector
Prohibits employers from: Requiring, suggesting, requesting, or causing employees to take lie detector tests; Using, accepting, referring to, or inquiring about the results of lie detector tests; and Discriminating or threatening to discriminate against employees or prospective employees because of the results of lie detector tests or their refusal to take a lie detector test
exempt:
Government, security, firms investigating economic loss |
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Term
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Definition
private employees have no protection
legal under the Fourth Amendment if:
Reasonable basis for suspecting employee drug or alcohol use on the job exists; Drug or alcohol use threatens public interest or safety |
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Term
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Definition
private is permissable
public employees have right to privacy unless government needs it |
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Term
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Definition
Employers can monitor workplace by video, telephone, computer workstation, television, and metal detectors
firms will notify of monitoring and it is implied that employees accept if they stay |
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Term
| Employer Privacy Liability |
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Definition
| Employers who conduct unreasonable searches or monitoring may be sued: reasonable expectation of privacy; and search or monitoring is unreasonable or serves no legitimate business interest |
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Term
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Definition
Treat others as you would want to be treated
Strong protection for rights considered to be “fundamental”
Difficult to agree on what are “fundamental” rights and how to prioritize where they conflict
Disregard for costs or benefits
Sense of entitlement discourages initiative and entrepreneurship
Kant’s Categorical Imperative: An action is ethical only if it can be applied universally |
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Term
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Definition
Each person has an equal right to the same basic rights and liberties
Social inequalities are acceptable only if they can’t be eliminated without making the worst-off even worse off
Equality of opportunity, not outcome
Protection of the least advantaged
Disregard for costs or benefits
Difficulty of measuring and correcting inequalities |
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Term
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Definition
Maximize social utility
cost analysis for whole society
Easy to articulate standard of conduct
Maximizes social utility
Difficult to measure utility
Unequal distribution of benefits and costs |
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Term
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Definition
Maximizing total social welfare by maximizing long-run profits (within the law) for the actor or his/her organization
Allocates society’s resources in the most productive and efficient way
Requires conduct constrained by law and marketplace
Inability to judge profit-maximizing acts
Disregard for social inequalities |
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