Term
| worker's compensation act |
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Definition
-compensate workers and their families when workers arae injured in connection with their jobs
-worker files claim with state agency
-benefits vary by state; paid according to preset limits established by statute or regulation |
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Term
| worker's compensation insurance |
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Definition
-states usually require employers to:
-purchase WC insurance
-selfinsure by making payments into a contingency fund |
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Term
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Definition
-to recover under WC inuries must be employment related
-stress may be compensable workrelated injury |
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Term
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Definition
-WC is the exclusive remedy
-workers cannot sue their employers in court fot damages (except intentional inury)
-may sue responsible third parties |
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Term
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Definition
-enacted to promote safety in the workplace
-established OSHA
-virtually all private employers are within the scope of OSHA
-federal, state, and local governments are exempt
-imposes record keeping and reporting requirments for employers
-employers are required to post notices informing of rights
-OSHA empowered to administer the act and adopt rules and regulations to interpret and enforce it
-OSHA empowered to inspect places of employment for health hazards and safety violations (citation: abate or correct situation) |
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Term
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Definition
-specific duty standards
-general duty standard |
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Term
| specific duty standards OSHA |
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Definition
- requirement for safety guard on particular equipment
-exposure limits for hazardous chemicals |
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Term
| general duty standard OSHA |
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Definition
| -employers have duty to provide a work environment free from recognized hazards |
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Term
| fair labor standards act 1938 |
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Definition
-prohibits child labor
-establishes minimum wage requirements
-establishes overtime pay requirements |
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Term
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Definition
-FLSA forbids the use of oppressive child labor
-unlawful to ship goods produced by businesses that use oppressive child labor
-department of labor defines standards for lawful child labor |
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Term
| minimum wage and overtime pay |
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Definition
-managerial, administrative, and professional employees exempt
-employers are required to pay covered workers minimum wage and 1 and a half regular pay overtime |
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Term
| employee retirement income security act |
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Definition
-applies to employer offered pension plans
-designed to prevent fraud and abuses in private pension plans |
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Term
| family and medical leave act |
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Definition
-applies to private employers with 50 or more workers; federal, state, and local government workers
-employee must have worked for employer for at least one year
- employee must have performed 1250 hours of work in previous 12 month period
-provides up to 12 weeks of unpaid leave for (birth of child, serious health condition, care of spouse etc. with health condition)
-employee must be restored to same equivalent position upon return |
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Term
| federal labor union statutes |
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Definition
- norris-laguardia act
- national labor relations act
- labor management relations act
- labor management reporting and disclosure act
- railway labor act |
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Term
| national labor relations board |
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Definition
- 5 members
- oversees union elections
- prevents employer and union unfair labor practices
- enforces and interprets federal labor laws |
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Term
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Definition
employees have right to:
- form, join, and assist labor organizations
-bargain collectively with employers
-engage in concerted activity to promote these rights
-bargaining unit must be defined before union petitions for election |
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Term
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Definition
-contested by employer
-consented by employer
-decertification (dissolving union) |
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Term
| contested union elections |
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Definition
- 30% of employees in the bargaining unit must indicate interest
- NLRD is petitioned, investigates and sets election date
- simple majority wins election
- if it passes: the union is certified as the bargaining agent of all the employees, even those who did not vote for the union |
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Term
| union solicitation on company property |
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Definition
-employer may restrict union solicitation by employees to nonworking areas during free time only
-off duty employees may be barred from union solicitation on company premises
-nonemployee union organizers or officers may be prohibited from soliciting on behalf of the union anywhere on company property |
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Term
| inaccessibility exception |
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Definition
| permits employees and union officials to engage in union solicitation on company property if employees are beyond reach of reasonable union efforts to communicate with them (logging camps) |
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Term
| illegal interference with union election |
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Definition
-unfair labor practice for employer to interfere with, coerce, or restrain employees from exercising their statutory fright to form and join union
-union also prohibited from engaging in unfair labor practices that interfere with a union election |
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Term
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Definition
-act of negotiating contract terms between an employer and the members of a union
collective bargaining agreement - the resulting contract from a collective bargaining procedure
employer and union must bargain with each other in good faith |
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Term
| subjects of collective bargaining |
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Definition
compulsory subjects:
- wages
- hours
- other terms and conditions of employment
illegal subjects:
-closed shops
-discrimination
permissive subjects:
- size and composition of supervisory force
- location of plants
- corporate reorganizations
- other subjects if company and union agree |
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Term
| union security agreements |
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Definition
union shop:
- employee must join the union within a certain number of days
- employees who do not join must be discharged upon notice from union
- members pay dues
- union shops are lawful
agency shop:
- employees do not have to become union members
- must pay an agency fee to the union
- agency shops are lawful |
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Term
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Definition
- states may enact right to work laws that outlaw union or agency shops
- individual employees cannot be forced to join a union or pay fees |
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Term
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Definition
- NLRA gives union management the right to recommend that the union call a strike if collective bargaining agreement cannot be reached
- a majority of the union's members must vote in favor before there can be a strike |
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Term
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Definition
| before strike union must give 60 day notice |
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Term
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Definition
-violent
- sit down
- partial or intermittent
- wildcat
- strike in violation of no-strike caluse
- illegal strikers may be discharged |
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Term
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Definition
- union members who cannot strike
- they may: choose to not strike or return to work after joining the strikers for a time |
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Term
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Definition
- workers hired to take the place of striking workers
- can be hired permanently or temporarily
- if permanent they do not have to be dismissed when strike is over |
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Term
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Definition
| act of the employer to prevent employees from entering the work premises when the employer reasonable anticipates a strike |
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Term
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Definition
-strikers walking in from of premises
-right to picket is implied from the NLRA
-an employer may seek an injunction against unlawful picketing
-picketing is lawful unless: violent; obstructs customer from entering business; prevents nonstriking employees from entering; prevents pickups and deliveries |
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Term
| secondary boycott picketing |
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Definition
- a type of picketing where unions try to bring pressure against an employer by picketing its suppliers or customers
-it is illegal if directed against the neutral employer instead of the struck employer's prudct |
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Term
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Definition
-unions may adopt internal union rules to regulate the operation of the union, acquire and maintain union membership
-subject to landrum-griffin act's labor bill of rights
-each union member has equal rights and priveleges to: nominate candidates; vote in elections; participate in membership
-a union may discipline members for: walking off job in nonsanctioned strike; working below union wage scale; spying for employers; any unauthorized activity that has adverse economic impact on union |
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Term
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Definition
- employers with 100 or more employees must give employees 60 days notice
- except: unforeseen business circumstances; actively seeking capital and acted in good faith |
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Term
| equal opportunity in employment |
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Definition
right of all employees and job applicants:
- treated without discrimination
- able to sue employers if discriminated against |
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Term
| title VII of the civil rights act of 1964 |
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Definition
-outlaws job discrimination based on five protected classes:
-race
-color
-national origin
-sex
-religion |
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Term
| scope of coverage of title VII |
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Definition
- employers with 15+ employees
- all employment agencies
- labor unions with 15+ members
- state and local governments
- most federal government employment
- prohibits discrimination in: hiring and firing; work rules; promotion and demotion; payment; availability of training; |
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Term
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Definition
disparate treatment: employer discriminates against specific individuals because of race etc.
disparate impact
-employer discriminates against an entire protected class
-often proven by statistical data of employment practices |
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Term
| equal employment opportunity commission |
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Definition
federal administrative agency responsible for enforcing most federal antidiscrimination laws
employer to
-conduct investigation
-interpret statutes
-encourage conciliation
-bring suit to enforce law |
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Term
| procedure for bringing title VII action |
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Definition
-private complainant must file complaint with EEOC
-EEOC is given opportunity to sue employer
-right to sue letter
-complainant now may sue employer |
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Term
| remedies for violation of title VII |
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Definition
- back pay and reasonable attorney's fees
- possible equitable relief (reinstatement)
- punitive damages for intentional discrimination |
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Term
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Definition
-lewd remarks, touching, intimidation, etc.
-hostile work environment
-employer may defend by showing that
- employer exercised reasonable care to prevent and correct behavior
- plaintiff failed to take advantage of employer's programs or to otherwise avoid harm |
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Term
| defenses to title VII action |
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Definition
- merit
- seniority
- bone fide occupational qualification |
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Term
| bona fide occupational qualification |
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Definition
| -employment discrimination based on a protected class is lawful if it is: job related; business necessity (wet nurse only female) |
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Term
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Definition
- all person have the same right to make and enforce contracts
- prohibits racial and national origin employment discrimination
- procedural reqs of title VII do not pally
- no cap on damages |
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Term
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Definition
protects both sexes from pay discrimination based on sex
the act prohibits disparity in pay for jobs that require:
- equal skill
- equal effort
- equal responsibility
- similar working conditions |
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Term
| four criteria justify a differential in wages (employer bears burden of proof) |
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Definition
-seniority
-merit
-quantity or quality of product
-any factor other than sex |
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Term
| age discrimination employment act |
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Definition
- applies to employees who are 40 years of age and older
- administered by EEOC
- successful plaintiff may recover back wages, attorney fees, and equitable relief |
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