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PHR flashcards
flashcards for HRCI's PHR exam study
573
Business
Professional
04/06/2012

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Term
Acquired needs theory
Definition

David McClellan’s theory states that people are motivated by experiences acquired throughout their lives. Human seek achievement, affiliation, or power.

Term
Authoritarian leaders
Definition

Tell people what to do. Can be effective in emergencies when pure productivity is the goal.

Term
Balance sheet
Definition
provides a snapshot of an org’s financial condition on a specific day.
Term
Behavioral reinforcement
Definition
BF Skinner’s theory that revealed that behavior can be changed through four intervention strategies: positive reinforcement, negative reinforcement, punishment, and extinction.
Term
Change management
Definition
a broad term used to describe the strategies used by orgs to facilitate the acceptance of change by employees.
Term
Communication strategy
Definition
established a plan for disseminating business info to an org.
Term
Correlation
Definition
a quantitative measurement tool that compares two variables to see if there is any relationship between them.
Term
Correlation coefficient
Definition
stated as a number between -1.0 and 1.0.
Term
Cost/benefit analysis
Definition
compares the costs of various possible decisions to each other forecasts the net impact of each on the bottom line, and recommends the best one.
Term
Cycles
Definition
trends that repeat for a period of more than one year.
Term
Delphi technique
Definition
qualitative analysis method where group members do not meet but submit and resubmit their ideas in writing.
Term
Democratic leaders
Definition
involves employees in the decision-making process. Most effective when relationships are an org’s primary concern.
Term
Diversity
Definition
describes a multicultural, racial, and ethnic workforce.
Term
Diversity initiative
Definition
seeks to increase the overall diversity of an org’s workforce, or to increase the effectiveness of an already diverse workforce.
Term
Divisional org. structure
Definition
a decentralized org, organized by criteria such as market or industry, and places responsibility for business functions on the division executives.
Term
Emotional intelligence
Definition
measures how people deal with their feelings and how they perceive and interact with others.
Term
Employment practices liability insurance (EPLI)
Definition
protects employers against lawsuits brought by former or current employees.
Term
Environmental scan
Definition
collects info about an org, industry, marketplace, and technology for use in the strategic planning process. There are two elements: internal and external assessment.
Term
Equity theory
Definition
J. Stacy Adams’ theory states that people are constantly measuring what they put into work against what they get out of it.
Term
Essential job functions
Definition
the duties and responsibilities that are the reason for having the job.
Term
Expectancy theory
Definition
Victor Vroom’s theory of motivation. People are motivated by the expectation of the reward they will receive when they succeed. People calculate whether the effort required to success is worth the reward at the end.
Term
Fiscal year
Definition
annual financial reporting period that may be different from a calendar year.
Term
Functional org. structure
Definition
formal, traditional pyramid shaped structures in which communication moves vertically btw levels.
Term
Gap analysis
Definition
Third step of a needs assessment in which current situation is compared to the objective. Goal is to close the gap btw “where we are now” and “where we want to be.”
Term
Geographic org. structure
Definition
decentralized, organized by regions, and places resp. for all functions on regional execs.
Term
Hierarchy of needs
Definition
Maslow’s theory that lower levels needs must be met before higher level needs can be attained.
Term
Income statement
Definition
describes operating results for a period of time. Also known as P&L.
Term
Knowledge, skills, abilities (KSA’s)
Definition
defines for each job what is required for successful job performance.
Term
Laissez-faire
Definition
a manager who does not provide direction or guidance to subordinates; generally results ion lower productivity in a work group.
Term
Liability
Definition
a duty or responsibility owed by one party to another, usually of a financial nature. Can result from an agreement, contract, or a tort.
Term
Matrix org. structure
Definition
employees report to two managers: one responsible for a product line, and the other for a functional area suck as marketing or accounting.
Term
Motivation/hygiene theory
Definition
Fredrick Herzberg’s theory that two factors can be used to motivate people: challenging work (motivation) and desire to avoid unpleasant experiences (hygiene). Also called the “two-factor” theory.
Term
Moving average
Definition
Also called a rolling average. Calculates average for a specific period of time, dropping the oldest data as a new time period provides current data.
Term
Multiple linear regression
Definition
quantitative analysis tool used to measure the relationship btw several variables to forecast another.
Term
Myers-Briggs indicator
Definition
identifies personality types with four-letter codes.
Term
Needs analysis
Definition
Also called needs assessment, used to evaluate program proposals to select those that will best use an org’s resources. May be used in any area of business.
Term
Nominal group technique
Definition
a structured meeting format designed to elicit participation from all members of a group in order to solve a problem. Each member writes down ideas, shares one, records all ideas, and arrives at consensus.
Term
Org. structures
Definition
coordinate activities btw business functions and facilitate the flow of info. 5 main ones: functional, product based, geographic, divisional, and matrix.
Term
PEST analysis
Definition
The O and T of a SWOT analysis. External factors - political, economic, social, and technological factors. Can be referred to as a STEP as well. Scans the external environment to identify opportunities and threats as part of a SWOT analysis.
Term
Porter’s 5 forces
Definition
the 5 forces found in all businesses are new competitors, buyers, suppliers, alternative products available to consumers, and the type and level of industry competition.
Term
Primary research
Definition
gathers data by using original experiments and studies.
Term
Product-based org. structure
Definition
also known as a customer oriented structure, suitable when product lines are well-defined and clearly separated.
Term
Profit & loss statement (P&L)
Definition
describes operating results for a period of time; also known as an income statement
Term
Qualitative analysis
Definition
based on subjective judgments
Term
Quantitative analysis
Definition
based on mathematical models that measure historical data.
Term
Return on investment (ROI)
Definition
calculated by dividing the benefits realized as the result of a program by the total related direct and indirect costs.
Term
Risk acceptance
Definition
low-priority risks may be accepted if there is a low probability that the risk will occur, or low consequences that can be easily managed if it does occur.
Term
Risk mitigation
Definition
taking preventative steps such as performing audits or safety inspections or reviewing policies for compliance.
Term
Risk transfer
Definition
Managing risk by transferring it to another entity, usually an insurance company.
Term
Scientific method
Definition
a method of primary research with five steps that can be used to analyze and solve HR problems: identify the problem, create a hypothesis, decided a method for testing, collect data, and draw conclusions.
Term
Seamless org.
Definition
horizontal networks connecting people and functions to enhance creativity and communication.
Term
Secondary research
Definition
based on info that has been collected or reported by others, such as books, articles, and/or reports.
Term
Simple linear regression
Definition
quantitative analysis tool used to measure the relationship btw one variable and another, used to project future needs.
Term
Statement of cash flows
Definition
shows how much money flows through an org.
Term
Subject matter experts
Definition
through experience and education, qualified to ensure the maintenance and documentation of a discipline.
Term
SWOT analysis
Definition
examines strengths, weaknesses, opportunities and threats facing an org. S and W are internal factors that can be controlled; O and T are external factors.
Term
Theory X
Definition
Douglas MacGregor’s theory where managers think employees need constant direction to complete their work, and are interested in job security above all else.
Term
Theory Y
Definition
managers believe that given the opportunity, employees will seek out challenging work and addt’l responsibility if the work is satisfying.
Term
Third-party contract
Definition
some part of the transaction is provided by an entity other than those who have signed the contract.
Term
Time series forecasts
Definition
quantitative method of analysis that can be used to measure historic staffing levels and provide a basis for calculating future needs.
Term
Tort
Definition
an action that injures someone and can be grounds for a lawsuit.
Term
Transactional leadership
Definition
focuses on getting the job done by offering rewards in exchange for the accomplishment of an org’s goals.
Term
Transformational leadership
Definition
focuses on building work group relationships to achieve goals.
Term
Trend analysis
Definition
quantitative analysis method that compares the changes in a single variable over time.
Term
Weighted average
Definition
quantitative analysis method; used to compensate for data that may be out of date; more current data is increased b/c it more accurately reflects the current state.
Term
Weighted moving average
Definition
calculated for a specific period of time; assigns more weight to current data.
Term
Zero-based budgeting
Definition
analyzes costs from the ground up without relying on previous budgets.
Term
Balanced scorecard
Definition
measurement tool used by managers to track info in four key areas: financial results, customer results, key internal processes, and how people are hired & trained.
Term
Business process outsource
Definition
BPO is the practice of engaging a third-party provider to assume operational control and responsibility for a business function.
Term
Centralized Org.
Definition
decision making authority is held at the senior levels or is concentrated at a corporate headquarters.
Term
Decentralized Org.
Definition
decision making authority is held by the managers who are closest to the daily operating activities.
Term
Fiduciary responsibility
Definition
a legal obligation placed upon execs to make decisions that benefit the org., instead of themselves.
Term
Financial accounting standards board (FASB)
Definition
established standards intended to regulate and guide financial accounting practices.
Term
High-context culture
Definition
people rely on nonverbal clues and relationship to discern meaning.
Term
HR audit
Definition
identifies areas that are working well, and those that may be out of legal compliance or need to be realigned with the company’s direction.
Term
Human capital management plan (HCMP)
Definition
a document that describes the tactical goals and action plans HR will take to align its operations with wider corporate goals and strategies.
Term
Inside director
Definition
member of an org’s board of directors with management responsibility, such as a CEO or CFO.
Term
Just in time inventory
Definition
designed to reduce inventory costs by the frequent purchase of small amounts of supplies.
Term
Line functions
Definition
concerned with making decisions about operating needs, such as production or sales.
Term
Lobbying
Definition
designed to influence new laws or regulations.
Term
Long-range plans
Definition
strategies/goals set for 3-5 years out.
Term
Low-context culture
Definition
people rely on what is said to figure out what is meant.
Term
Mid-range plans
Definition
strategies/goals set for 1-3 years out
Term
Objective
Definition
a specific description of practical steps taken to achieve business goals.
Term
Outside director
Definition
member of the board who is not employed by the a corp. or does not have operational duties.
Term
Short-range plans
Definition
strategies/goals set for less than a year out.
Term
Span of control
Definition
the number of employees that one manager can directly supervise.
Term
Staff functions
Definition
don’t make operating decisions, but do advise line managers.
Term
Strategic planning
Definition
a way of setting the direction for an org. and developing strategies, tactics, and operational plans that ensure its success.
Term
Strategy
Definition
a plan for generating revenue that describes how a business will use its strengths to obtain a competitive advantage in the marketplace.
Term
Adverse impact
Definition
any negative result of an employment action.
Term
Average bias
Definition
a group of candidates in a selection process who are all rated about the same b/c an interviewer can’t decide which one is best.
Term
Bias
Definition
a personal preference towards an employee or candidate for reasons that are not job related. Prevents an appraiser from objectively assessing someone.
Term
Bona fide occupational qualifications (BFOQ)
Definition
a job requirement that an employee be a particular sex, religion, or national origin that is reasonably necessary to business operations.
Term
Certiorari
Definition
when the Supreme court agrees to review a case so that all lower courts know how to interpret the law.
Term
Concurrent validity
Definition
a type of criterion validity that correlates a test measurement to behavior. A test is given, and the behavior is measured at the same time.
Term
Construct validity
Definition
determines whether what is being measured by a test connects candidate characteristics to successful job performance.
Term
Consumer reporting agency
Definition
a third-party provider that gathers info about individuals and supplies that info to an employer.
Term
Content validity
Definition
one of three methods used to confirm that a selection test measures what it is intended to measure by comparing the test to the Job description.
Term
Contrast bias
Definition
An interviewer compares candidates to each other or compares all candidates to another who may be either very weak or very strong.
Term
Criterion validity
Definition
established when a test predicts or correlates an expected trait or work behavior.
Term
Cultural noise bias
Definition
occurs when candidates answer interview questions based on what they think the interviewer wants to hear.
Term
Ethnocentric
Definition
In a global staffing strategy, expatriates fill all key management positions.
Term
Executive orders
Definition
presidential proclamations that become law 30 days after being published in the Federal Register.
Term
Expatriates
Definition
originate from the corporate home country and work in another country.
Term
Faltering company
Definition
This exception to the WARN act allows companies with a reasonable expectation that they will receive funding they are actively seeking, do not need to provide 60 days notice of a layoff or a closure.
Term
Geocentric
Definition
a global staffing strategy that places the best qualified person in a position regardless of the country of origin.
Term
Gut feeling bias
Definition
when an interviewer relies on intuition to decided if a candidate will be a good or bad fit for a position.
Term
Halo effect bias
Definition
when an interviewer bases a positive assessment on a single characteristic, allowing it to overshadow other negative characteristics.
Term
Harshness bias
Definition
when an interviewer rates a candidate negatively based on a single characteristic, allowing it to overshadow other positive characteristics (also known as a horn effect).
Term
Host-country nationals
Definition
citizens of the country in which they work for a business that is based in another country.
Term
Human resource outsourcer
Definition
A third party vendor providing business process outsourcing such as payroll, benefits, or recruiting.
Term
Inpatriates
Definition
employees who are brought to the home office for training to become accustomed to the corporate culture and practices before returning to their countries of origin to work as host-country nationals.
Term
Investigative consumer report
Definition
collects data through a third party using personal interviews with friends, co-workers, employers, or others who know the individual.
Term
Job bidding
Definition
the process that allows employees to express interest in positions before they become available.
Term
Job sharing
Definition
an alternative staffing method that allows two part time employees to share the duties of a full-time position.
Term
Knowledge of predictor bias
Definition
occurs when an interviewer is aware that a candidate has scored well or poorly on a pre-employment assessment, and allows this to influence the selction process.
Term
Leniency bias
Definition
when an interviewer tends to go easy on a candidate and give a higher score than is warranted.
Term
Major life activities
Definition
The ADA defines this as a general activity or a major bodily function.
Term
Mass layoff
Definition
as defined by the WARN act, a mass layoff occurs when either 500 employees, or 33% and at least 50 employees, are laid off within a 90 day period.
Term
Negative emphasis or horn effect
Definition
when an interviewer allows a small amount of negative information to outweigh positive information about a candidate or employee.
Term
Negligent hiring
Definition
when an employer knew or should have known that an applicant had a prior history of behavior that endangered, customers, employees, or the general public.
Term
Nonverbal bias
Definition
when an interviewer is influenced by body language or lack thereof.
Term
Outplacement
Definition
helps employees who are leaving the company, usually as a result of a layoff, to transition into other opportunities
Term
Outsourcing or offshoring
Definition
moves an entire function out of an org. to be handled by a company specializing in the function. Can be beneficial by allowing the org. to focus on its basic business operations.
Term
Parent-country nationals
Definition
originates from the org’s home country; also called expatriates.
Term
Payrolling
Definition
allows an org. to refer individuals they want to hire to an agency.
Term
Plant closing
Definition
as defined by the WARN act, a plant closing occurs when 50 or more fulltime employees lose their jobs b/c a single facility shuts down, either permanently or temporarily.
Term
Polycentric
Definition
a global staffing strategy that fills management positions in the host country with home country nationals, and corporate positions in the home country with expatriates.
Term
Professional employer org.
Definition
A PEO operates as the employer’s HR department. The PEO becomes the employer of record and then leases the employees to the org.
Term
Protected classes
Definition
Title VII of the Civil Rights act of 1964 identified five protected classes: race, color, religion, national origin, and sex. Subsequent legislation added age and disability to those protected from discrimination.
Term
Question inconsistency
Definition
when an interviewer asks different questions of each candidate. There is no baseline for comparison if there are no questions asked of all candidates.
Term
Realistic job preview
Definition
an accurate picture of a typical day on the job, designed to allow candidates a chance to opt out if the job is not what they expected it to be.
Term
Reasonable accommodation
Definition
ADA requirements to adjust facilities to accommodate qualified persons with disabilities.
Term
Recency bias
Definition
occurs when an interviewer recalls the most recently interviewed candidate more clearly than earlier candidates.
Term
Regiocentric
Definition
global staffing strategy that fills position within a trade region (the EU, for example) with nationals from countries within that region.
Term
Reliability
Definition
measures whether a test or other measurement produces consistent results over time.
Term
Replacement chart
Definition
used at all levels within an org. to categorize employees as ready for promotion, to be developed for future promotion, satisfactory in current position, or to be replaced.
Term
Similar to me bias
Definition
when a candidate has qualities similar to an interviewer, causing the interviewer to rate them highly and overlook negative aspects of the interview.
Term
Skills inventory
Definition
A collection of info about an org’s workforce (qualifications and skills info).
Term
Sourcing
Definition
the gathering of names and contact info for potential candidates in the active and passive labor market.
Term
Staffing needs analysis
Definition
determines the numbers and types of jobs needed to achieve business goals successfully. It is the cornerstone of the workforce planning process.
Term
Stereotyping bias
Definition
when an interviewer assumes a candidate has particular traits b/c he/she is a member of a specific group.
Term
Substantial limitation
Definition
the ADA defines it as an impairment that prevents an individual from doing activities that are of central importance to most people’s lives.
Term
Succession plan
Definition
identifies critical positions in an org. and how they will be filled if current incumbents leave.
Term
Third-country nationals
Definition
an employee from any country other than the home or host country.
Term
Turnover analysis
Definition
a metric calculated by dividing the average number of employees for a measurement period by the number of employees who exited the org. during that same period.
Term
Undue hardship
Definition
an exception to the ADA that weighs the cost of an accommodation against the size of the org. and other factors.
Term
Unforeseeable business circumstance
Definition
an exception to the WARN act for employers whose business takes a sudden and unexpected negative turn that could not have been reasonably predicted.
Term
Unlawful employment practices
Definition
As defined by title VII, these practices discriminate against a member of a protected class in any number of employment areas.
Term
Validity
Definition
the assessment of whether a test is an accurate measure of the characteristics that it is supposed to measure.
Term
Active training method
Definition
learning experiences focused on the learner, and include such methods as case studies, CBT, and programmed instruction.
Term
ADDIE model
Definition
an acronym that describes five elements of the instructional design process: analysis, design, development, implementation, and evaluation.
Term
Auditory learners
Definition
One of three learning styles; those who retain info best when they hear it.
Term
Behavior evaluation method
Definition
The third level of a training evaluation model developed by Donald Kirkpatrick, behavior evaluation uses a test to measure how well participants learned the info presented in a training.
Term
Behaviorally anchored ratings scale (BARS)
Definition
a performance appraisal system that identifies key job requirements from a JD and creates dimensions and anchor statements that are used to rate employee performance.
Term
Career portfolio
Definition
a talent management tool that gathers information about an employee’s background and credentials in order to plan development opportunities and focus employees on long term career goals.
Term
Case study
Definition
a training tool that reproduces a realistic situation as though it was one that actually existed in the business world. Provides learners with the opportunity to investigate, study, and analyze a situation.
Term
Cause and effect diagram
Definition
a quality management tool developed by Dr. Ishikawa that organizes info for use in brainstorming sessions.
Term
Change agent
Definition
a person who listens to various stakeholders’ concerns during the change process and moves them toward acceptance of a commitment to the change.
Term
Change process theory
Definition
Kurt Lewin’s theory describes three stages for change: unfreeze, move, and refreeze.
Term
Check sheets
Definition
the simplest quality management tool, often used to gather data and count items.
Term
Community of practice
Definition
an informal group of people willing to share their experiences and expertise with co-workers.
Term
Conferences
Definition
combines lecture or presentations with question and answer sessions involving participants.
Term
Conflict resolution
Definition
this process develops strategies for resolving issues and maintaining or rebuilding effective working relationships.
Term
Continuous feedback program
Definition
a form of performance management, this program provides ongoing communication to employees about performance during the review period.
Term
Critical incident review
Definition
Tool for supervisors to record employees’ positive and negative performances. The log is used to present these critical incidents to employees during the performance review.
Term
Design patents
Definition
protects new, original and ornamental designs of manufactured items. Limited to 14 years.
Term
Distance learning
Definition
Allows simultaneous training to occur throughout geographically dispersed, multiple locations.
Term
Essay review
Definition
A form of performance appraisal in which the reviewer writes a short description of the employee’s performance during the year.
Term
Executive coaching program
Definition
develops leadership skills for highly valued key executives. Generally someone from outside the company who gives honest feedback to facilitate growth.
Term
Experiential training methods
Definition
use real-time situations such as demonstrations, one-on-one training, or performance based training to provide learners with experience.
Term
Fair use doctrine
Definition
for use of published works without permission, specified by the copyright act of1976. Use of a work for criticism, commentary, news reporting, or teaching is not an infringement if four factors laid out in the law are met.
Term
Field review appraisal
Definition
a narrative method of performance appraisal conducted by someone other than the supervisor.
Term
Focal review period
Definition
a performance review cycle that evaluates all employees during the same period of time during the review period.
Term
High-involvement orgs.
Definition
involves employees in designing their own work processes, completing their work, and being accountable for the results. Jobs in these orgs. Are broadly defined within self-directed work teams. Orgs. Have flat hierarchies where information flows between and among teams.
Term
Histogram
Definition
a quality management tool, often used in conjunction with a check sheet, that provides a graphical representation of the effects of changes on a process and can be used to set standards.
Term
Interest assessment
Definition
a talent management tool used with valued employees that identifies development opportunities of interest to the employee.
Term
Inter-rater reliability
Definition
the use of multiple raters to reduce the possibility of rating errors due to bias.
Term
Job enlargement
Definition
a method for designing jobs that adds addt’l tasks to those included in a JD.
Term
Job enrichment
Definition
the result of increasing the significance of tasks in an employee’s job to provide challenging work (Herzberg).
Term
Key business initiatives (KBI’s)
Definition
an action plan or strategy that optimizes the long-term value of a business.
Term
Kinesthetic learners
Definition
retain info best when they are able to have hands-on learning experience during training.
Term
Knowledge management
Definition
the process of capturing, retaining, and distributing organizational knowledge.
Term
Leadership development
Definition
programs that identify employees who show promise as potential leaders; provide training, mentoring and coaching for them; and ensure they have experience across a broad range of the org.
Term
Learning curve
Definition
a graphical representation of the rate of learning over time.
Term
Learning evaluation method
Definition
Second level of Kirkpatrick’s training evaluation model; uses a test to measure if participants in a training learned the presented info.
Term
Learning orgs.
Definition
innovative environments in which knowledge is freely shared in response to environmental changes that affect the ability of the org. to compete.
Term
Management by objectives
Definition
a process that is built on the concepts of mutual involvement in setting performance goals, ongoing communication during the performance period, and measurement and rewards for accomplishment at the end of that period.
Term
Management development
Definition
a program that seeks to upgrade a manager’s overall managerial skills.
Term
Mental models
Definition
one of Peter Senge’s five disciplines of learning orgs., mental models describe deep-seated beliefs that color perceptions and affect how individuals see the world around them and react to it.
Term
Mentoring programs
Definition
assign an experienced individual to act as a guide and provide expertise a feedback for a more junior colleague.
Term
Negatively accelerating learning curve
Definition
describes learning increments that are large in the beginning, but become smaller as practice continues. This is the most common type of learning curve.
Term
OD interventions
Definition
an action strategy to improve the way an org. utilizes technology, processes, structure, and Human resources to achieve results.
Term
Organization development
Definition
a systematic method used to examine an org’s technology, processes, structure, and HR.
Term
Org-level training
Definition
Training that focuses on preparing for future needs. Can be a department, division, or the whole org.
Term
Pareto chart
Definition
a graphical representation of the 80/20 rule: 80 percent of the problems are caused by 20 percent of the reasons. The chart points out which areas will provide the greatest return when corrected.
Term
Passive training methods
Definition
require learners to listen to and absorb info. Instructor focused and require little or no active participation from the learner.
Term
Patent
Definition
exclusive rights granted to inventors that provide the benefits of an invention for a defined period of time.
Term
Performance appraisal
Definition
also called an evaluation or review, the process of reviewing how well employees performed their job duties during a given time period.
Term
Performance management
Definition
an ongoing process of providing feedback to employees about their performance, with the goal of developing them into increasingly productive contributors to the org.
Term
Performance review
Definition
process that observes employee performance during a review period and provides formal feedback at the end of the period.
Term
Performance based training
Definition
PBT is often utilized to correct performance problems in highly technical or hazardous professions.
Term
Personal mastery
Definition
One of Peter Senge’s five disciplines of learning orgs.; describes a high level of expertise in a given field and a lifelong commitment to learning.
Term
Plateau learning curve
Definition
begins with a rapid advance in knowledge and then levels off with no additional learning for an extended period of time.
Term
Positively accelerated learning curve
Definition
begins slowly with smaller learning increments but increases in pace with larger increments as learning continues. This curve occurs in situations when the material to be learned is difficult or complex.
Term
Process control charts
Definition
a quality management tool that provides a graphical representation of elements that are out of the acceptable range by setting parameters above and below the range.
Term
Programmed instruction
Definition
also called self-paced training, the learner progresses from lesson to lesson in a predesigned course of instruction, allowing learners to progress at their own rate.
Term
Public domain
Definition
in the context of copyrighted material, a work in the public domain is one for which the copyright period has expired, or one that was produced as part of the job duties of a federal official.
Term
Quality control
Definition
One of Juran’s three phases of the quality process, it ensures conformance to parameters established during quality planning.
Term
Quality improvement
Definition
another of Juran’s three phases; used to continually improve operations and reduce waste.
Term
Quality planning
Definition
Another of Juran’s three phases; the initiation phase for quality improvements.
Term
Reaction evaluation method
Definition
the first level of Donald Kirkpatrick’s training evaluation model; it measures the initial reaction of the participants and is the least meaningful method of evaluation.
Term
Results evaluation method
Definition
fourth level of Kirkpatrick’s TEM; it provides the feedback most meaningful to the business: did the training have an impact on the business results.
Term
Reverse mentor
Definition
a young employee who helps older workers understand technology and the culture of the “younger generation.”
Term
Shared vision
Definition
One of Senge’s five elements of a learning org.; goes beyond the corporate vision statement to inspire commitment of all an org’s employees.
Term
Simulation training
Definition
an interactive training method that provides opportunities to learn in a setting that simulates the work environment but does not endanger the employee, co-workers or the public.
Term
S-shaped learning curve
Definition
has characteristics of both positively and negatively accelerated learning curves. Learning initially progresses slowly, then accelerates, only to slow again after a period of time.
Term
Stratification charts
Definition
a quality management tool that shows problems in priority order and identifies possible strategies for correcting them.
Term
Supervisory training
Definition
includes training on topics related to interactions with employees, such as progressive discipline, performance appraisals, workplace safety, interviewing, and training.
Term
Systems thinking
Definition
One of Senge’s five disciplines of learning orgs.; describes the ability of individuals and orgs to recognize patterns and project how changes will impact them.
Term
Talent assessment
Definition
identifies employees whose KSA’s are aligned with what the org needs to achieve its key business initiatives (KBI’s).
Term
Talent management
Definition
unites HR functions that build, retain, develop, and manage a workforce with the KSA’s needed to lead an org into the future.
Term
Task-level training
Definition
involves training processes performed in a single job category.
Term
Team learning
Definition
One of Senge’s five elements of a learning org; refers to the ability of a team to share and build upon their ideas without holding anything back.
Term
Total quality management
Definition
TQM focuses all resources within an org on providing value for customers.
Term
Transfer of training
Definition
occurs when learning that took place away from the regular work environment is applied to the real job situation.
Term
Utility patents
Definition
protect the invention of a machine, a new and useful process, or the manufacture or composition of matter. Limited to 20 years.
Term
Vestibule training
Definition
a form of the simulation method that allows inexperienced workers to gain experience using equipment that either is hazardous or requires a level of speed that can be attained only through practice.
Term
Visual learners
Definition
retain knowledge best when they are able to see or read info.
Term
401k plan
Definition
a common type of deferred compensation that allows contributions from both employers and employees. Employees may defer part of their pay before taxes.
Term
Ability to pay
Definition
an org’s financial resources determine what it can pay its employees.
Term
Actual deferral percentage (ADP) test
Definition
ERISA requires an ADP test to ensure that highly compensated employees do not receive greater benefits from a 401k plan than other employees do.
Term
Administrative services only plan (ASO)
Definition
a benefit plan utilized by some self-funded orgs. These orgs contract with an insurance company to manage and pay claims.
Term
Base pay
Definition
preset salary or hourly rate paid to employees for performing their jobs.
Term
Benchmark positions
Definition
jobs commonly found across orgs, regardless of size or industry.
Term
Bonus plan
Definition
a comp strategy that pays employees addt’l comp to encourage desired behaviors or desired results achieved.
Term
Broadbanding
Definition
a job classification method that consolidates multiple pay grades into a few broad bands, with a wide range between the minimum and maximum of the band.
Term
Call-back pay
Definition
comp paid to employees when they are called to work before or after their scheduled work time.
Term
Cash balance plans
Definition
combines some elements of both defined benefit and defined contribution plans. These plans are regulated as deferred benefit plans but are less costly for employers.
Term
Classification method
Definition
this method of job evaluation identifies benchmark positions, places them in salary grades, and then matches positions with similar KSA’s and slots them into the same grades.
Term
Cliff vesting
Definition
a form of delayed benefit vesting in which participants become 100% vested after a specified period of time. ERISA sets the maximum vesting period at five years for qualified plans.
Term
Comp time
Definition
substitutes paid time off from work for overtime pay when extra hours are worked. Only available to public employees.
Term
Comparable worth
Definition
a concept that suggests that jobs requiring similar levels of KSA’s should be paid similarly. Also known as pay equity.
Term
Compa-ratio
Definition
a calculation tool that compares an employee’s base pay to the midpoint of the base salary range; commonly used when making pay decisions.
Term
Compensable factors
Definition
used to evaluate jobs, are characteristics that define and distinguish different jobs from one another.
Term
Compensable time
Definition
any time that employers “suffer or permit” employees to work.
Term
Competency-based compensation
Definition
a program focused on employee KSA’s rather than on job duties.
Term
Continuous FMLA leave
Definition
occurs when an employee is absent from work for an extended period of time.
Term
Cost of labor
Definition
the cost to employers of hiring and retaining employees.
Term
Covered entities
Definition
health plans, health-care providers, and clearinghouses identified by HIPAA privacy rules as being responsible for maintaining the confidentiality of patient info.
Term
Defined benefit
Definition
a deferred compensation plan in which the employer provides a specific benefit upon retirement. The funds are not accounted for individually.
Term
Defined contribution
Definition
individual deferred comp plan in which the amount of funds contributed are known, but the amount of benefit that will be paid out is not known because it depends on the investment returns that are earned. The funds are accounted for in individual accounts for each participant.
Term
Delayed vesting
Definition
a plan in which participants must wait for a defined period of time prior to becoming fully vested. There are two types of delayed vesting: cliff vesting and graded vesting.
Term
Dependent care account
Definition
a flexible spending account authorized by section 129 of the internal revenue code in which employees may set aside a maximum of $5,000 for care for dependent children or elders.
Term
Direct compensation
Definition
payments made to employees such as base pay, variable compensation, and pay-for-performance.
Term
Discretionary contributions
Definition
also known as profit sharing programs, they allow employers to contribute deferred comp based on a percentage of company earnings each year.
Term
Disposable earnings
Definition
the amount of employee pay left after federally mandated deductions are made form an employee’s paycheck.
Term
Employee assistance program (EAP)
Definition
an EAP offers employee a variety of resources for problems that cannot be solved within the context of work. Some typical services include legal assistance, financial counseling, and alcohol and drug abuse help.
Term
Engaged to wait
Definition
Nonexempt employees are engaged to wait when the employer asks them to wait for an assignment. The FLSA defines this time as compensable even if the employee is not working.
Term
Enrolled actuary
Definition
someone licensed jointly by the dept. of Treasury and the Dept. of Labor to analyze insurance and annuity premiums for US pension plans.
Term
Enterprise coverage
Definition
The FLSA enterprise coverage category requires businesses employing at least two employees with at least 550k in annual sales, or employers who are hospitals, schools, or govt’ agencies to comply with its requirements.
Term
Entitlement philosophy
Definition
an approach to compensation based on rewarding employee longevity.
Term
Exception reporting
Definition
a method of reporting time worked in which only deviations from the regular work schedule are recorded
Term
Exempt
Definition
An exempt position is one that does not require compliance with requirements of the FLSA. Exempt positions must be paid on a salaried, not hourly basis, and must meet the reqs. Established by DOL exemption tests for administrative, professional, outside sales, executive, or other jobs exempted by DOL regulations.
Term
Experience rating
Definition
insurance providers sometimes calculate future premiums based on costs incurred by a group during the current coverage period.
Term
Extrinsic reward
Definition
nonmonetary compensation in which esteem is achieved from others, such as fulfillment from working with a talented team of peers.
Term
Flexible spending accounts (FSA’s)
Definition
FSA plans are authorized by sections 125 and 129 of the revenue act of 1978 that aloow employees to set aside pretax funds for medical or dependent expenses they expect to incur during a calendar year.
Term
Focal review
Definition
a performance review cycle that evaluates all employees during the same period of time during the review period.
Term
Gainsharing
Definition
an organizational or group incentive plan in which employees and managers come together for the purpose of improving the org’s productivity and sharing the benefits of success.
Term
Geographic pay
Definition
a form of comp that ensures employee pay is competitive within local labor markets.
Term
Graded vesting
Definition
also referred to as graduated vesting, a delayed vesting schedule that allows for partial vesting each year for a specified number of years. A graded vesting schedule in a qualified plan must allow for at least 20% vesting after three years and 20% per year after that, with full vesting after no more than seven years of service.
Term
Green circle
Definition
refers to salaries that are below the minimum of the salary range.
Term
Group incentives
Definition
also known as org. incentives, these are benefits or bonuses shared by all employees within an org. or department, commonly put in place to increase productivity and foster teamwork while sharing the financial rewards with employees.
Term
HAY system
Definition
Developed by Edward Hay, a classification system for job evaluation the uses a complex point factor method. Jobs are evaluated using three factors: knowledge, problem solving, and accountability.
Term
Health and wellness programs
Definition
voluntary programs that seek to prevent employee illnesses and lower health care costs.
Term
Health purchasing alliances
Definition
a coalition that makes it possible for small employers to join with other employers in a geographic area to take advantage of economies of scale. The HPA will negotiate and contract for benefit plans for all members of the group.
Term
Highly compensated employees
Definition
a 401k plan participant who, during the current or prior year, earned $110,000 or more, owns 5% or more of the company, and at the company’s discretion, is one of the top-paid 20% of employees.
Term
Immediate vesting
Definition
occurs fully as soon as employees meet the eligibility requirements of the vesting plan.
Term
Improshare
Definition
Developed by Mitchell Fein, improshare plans are group incentive plans that establish a baseline of productivity and reward employees with 50% of any gains made over the base.
Term
Imputed income
Definition
any indirect compensation paid on behalf of employees.
Term
In loco parentis
Definition
applies to those who care for a child on a daily basis. Does not have to refer to a legal or biological relationship.
Term
Incentive pay
Definition
also known as variable compensation, it rewards employees for individual and org. results.
Term
Incentive stock options
Definition
can be offered only to employees; consultants and outside members of the board of directors are not eligible.
Term
Indirect compensation
Definition
consists of payments made to employees that are not associated with wages and salaries, such as fringe benefits and gov’t-mandated benefit programs.
Term
Individual coverage
Definition
the FLSA coverage category requiring companies whose employees’ daily work involves interstate commerce to comply with its requirements.
Term
Intermittent FMLA leave
Definition
occurs when an employees is absent from work for multiple periods of time due to a single illness or injury.
Term
Internal equity
Definition
the equitable ranking of one job relative to others within the org.
Term
Intrinsic reward
Definition
a form of noncompensatory reward that encourages individual employees self-esteem, such as satisfaction from challenging work.
Term
Job evaluation
Definition
identifies the tasks, processes, or functions that make up the responsibilities of a job.
Term
Job pricing
Definition
determines the appropriate rate of pay for a new position or one that has changed significantly.
Term
Labor market
Definition
the source from which an org. recruits new employees.
Term
Line of sight
Definition
employees who know that their performance, good or bad, impacts their base of variable pay have line of sight.
Term
Merit increases
Definition
in addition to employees’ base pay and is earned by employee performance.
Term
Midpoint progression
Definition
the difference between the midpoints of consecutive salary grades; generally narrower for lower grades and wider for higher grades.
Term
Money purchase plan
Definition
a defined contribution plan that uses a fixed percentage of employee earnings to defer compensation; it works well for orgs. With relatively stable earnings from year to year b/c the percentage is fixed, and once established, contributions must be made every year. Contribution limits are the same as for profit-sharing plans.
Term
Nonexempt
Definition
nonexempt employees are covered by the requirements of the FLSA, such as minimum wage and OT pay for any hours worked over 40 per week.
Term
Nonforfeitable claim
Definition
in deferred comp, a claim that exists b/c of a participant’s service. They are unconditional and legally enforceable.
Term
Nonqualified retirement plan
Definition
in deferred comp, it includes benefits that exceed the limitations of qualified plans or do not meet other IRS requirements for favorable tax treatment.
Term
Nonqualified stock options
Definition
are offered to employees at the market or a reduced price. The most common type of stock options and can be used for consultants and external board of director members as well.
Term
Old age, survivors, and disability ins. (OASDI)
Definition
part of the social security act of 1935, OASDI insurance is to be paid to qualified workers upon retirement or disability or to their surviving dependents in the event of a worker’s death.
Term
Partially self-funded plan
Definition
utilizes stop-loss insurance with a preset maximum coverage amount paid from the claim fund for each participant before the insurance company begins to pay the claim.
Term
Party in interest
Definition
a pension plan participant, such as a fiduciary, a person or entity providing services to the plan, an employer or employee org. , a person who owns 50% or more of the business, relatives of these, or corporations that are involved with the plan in any of these functions
Term
Pay differential
Definition
addt’l compensation for work that is considered beyond the minimum requirements of the job
Term
Pay equity
Definition
also known as comparable worth, a concept that suggests that jobs requiring similar levels of KSA’s should be paid similarly.
Term
Pay for performance
Definition
comp based on individual and org. results. (merit increases)
Term
Pay range
Definition
the span between the minimum and maximum pay rate for all jobs in a particular pay or salary range.
Term
Performance based philosophy
Definition
an approach to compensation that rewards employees for their accomplishments.
Term
Perquisites
Definition
addt’l benefits provided for Sr. management and execs. Often called “perks.”
Term
Phantom stock
Definition
provides the benefits of employee ownership without granting stock. Execs and outside members of the board of directors are the most common recipients of phantom stock.
Term
Plan admin
Definition
in deferred comp, the plan admin. is the person designated by the plan sponsor to manage the plan.
Term
Plan sponsor
Definition
in deferred comp, the plan sponsor is the entity that establishes the plan. This may be a single employer, a labor org., or in the case of a multi-employer plan, a group representing the parties that established the plan.
Term
Point factor methodology
Definition
job classification method that provides companies with a system of points that are assigned to the position being evaluated. Based on the total # of points a position receives, a pay range is assigned to it.
Term
Positive time reporting
Definition
a method used to record time worked in which employees record actual hours they work and any time they were off from work, paid or unpaid.
Term
Private letter ruling
Definition
The IRS issues a private letter ruling in response to an org’s request for guidance on specific circumstances. The ruling applies only to the specific circumstance and does not establish a precedent for other orgs.
Term
Protected health information
Definition
The Department of Health and Human Services identifies PHI as patient info that must be kept private, including physical or mental conditions, health care given, and payments that have been made.
Term
Prudent person standards of care
Definition
In relation to fiduciary responsibility over a pension fund, this standard is the common law concept that requires all actions on behalf of the fund to be taken with care and due diligence.
Term
Qualified domestic relations orders
Definition
a legal order issues by state courts or other state agencies to require pension payments to alternate payees. Must be a spouse, former spouse, child, or other dependent of a plan participant.
Term
Qualified plan
Definition
Meets ERISA requirements and provides tax advantages for both employers and employees.
Term
Rabbi trusts
Definition
a nonqualified deferred comp plan designed to provide retirement income for officers, directors, and highly compensated employees.
Term
Ranking method
Definition
in the performance appraisal process, ranking is a comparison appraisal method in which a manager lists employees from the highest to the lowest performer. In the job evaluation process, ranking compares the value of all jobs to one another.
Term
Red circle
Definition
salaries that are higher than the maximum of the salary range.
Term
Reduced FMLA leave schedule
Definition
one in which the employee’s regular work schedule is reduced for a period of time. This can be either a reduction in the # of hours worked each day, or the # of days worked each week.
Term
Reporting premium
Definition
when employees arrive at work for their regularly scheduled shift but there is no work to be done, they may be paid for a minimum # of hours based on employment agreements or state laws. Reporting pay is not required by the FLSA.
Term
Restricted stock
Definition
subject to special SEC regulations before it can be sold. Often awarded to insiders as the result of an acquisition or merger to prevent an adverse impact on the price of the stock because it must be held up for a time. Also given to reward retention.
Term
Salary surveys
Definition
a study of compensation and benefits that is collected by gov’t agencies or private firms to assess current market trends.
Term
Scanlon plan
Definition
a type of gainsharing plan created in the 1930’s to increase productivity and decrease costs through employee involvement. Administered by a group of employees and management and requires the company’s financial info a productivity metrics to be disclosed to all employees.
Term
Section 125 plans
Definition
authorized by the revenue act of 1978; allow employees to set aside pretax funds for medical expense they plan to incur during a calendar year (same thing as FSA’s).
Term
Self-funded plan
Definition
in this insurance plan, the employer creates a claim fund and pays all claims through it. Self-funded plans must conduct annual discrimination tests to ensure that highly compensated employees are not using the plan disproportionately to other employees.
Term
Seniority based compensation
Definition
pay decisions are based on the length of time an employee has been with an org.
Term
Shift premium
Definition
addt’l comp provided to employees work a shift other than the day shift. It may be paid as a percentage of the base pay or factored into the hourly rate.
Term
Stock option
Definition
the right to purchase an employer’s stock at a certain price, at a future date, and at a given price for a specified period of time.
Term
Stop-loss insurance
Definition
purchased by self-funded employers to prevent a single catastrophic claim from devastating the claim fund. The employer agrees to a preset maximum coverage amount that will be paid from the claim fund for each participant before the insurance company begins to pay the claim.
Term
Strike price
Definition
also known as the grant price, the price at which stock options may be purchased or sold by the holder of the options when they are exercised.
Term
Summary plan description
Definition
provides benefit plan participants with info about the provisions, policies and rules established by the plan and advises them on actions they can take in utilizing the plan.
Term
Swing shift
Definition
the evening shift from 6 pm to 2 am
Term
Target benefit plan
Definition
a hybrid pension plan with similarities to both a defined benefit plan and a money purchase plan.
Term
Third –party admin
Definition
an entity that provides claim management services for benefit plans such as medical, dental, and vision insurance; pension plans; and section 125/129 plans.
Term
Total rewards philosophy
Definition
a high-level mission statement used to guide the development and implementation of compensation and benefit programs to attract, motivate, and retain employees.
Term
Total rewards strategy
Definition
used to determine the best way to use available resources in attracting, motivating, and retaining employees.
Term
Variable compensation
Definition
incentive pay; it rewards employees for individual and org. results.
Term
Vesting
Definition
the point at which employees own the contributions their employer has made to the pension plan on their behalf, whether or not they remain employed with the company. The requirements established by ERISA refer only to funds that have been contributed by the employer.
Term
Wage compression
Definition
occurs when new employees are hired at a higher rate of pay than incumbents for similar skills, education and experience. Usually occurs during periods of high economic growth or when certain skill sets are in high demand.
Term
Waiting to be engaged
Definition
the FLSA term for noncompensable time spent by nonexempt employees who arrive early or stay late for personal reasons, but have not been asked by the employer to wait for an assignment.
Term
Ad hoc arbitrator
Definition
a person selected to hear a single case between two parties in conflict.
Term
Agency shop
Definition
clause that specifies that all employees must either join the union or pay union dues if they choose not to join the union.
Term
Ally doctrine
Definition
if an employer whose workers are on strike asks a neutral employer to produce the work that would normally be done by the striking employees, the ally doctrine states that the neutral employer can therefore be considered a legitimate target of a picket line.
Term
Alter ego doctrine
Definition
when two businesses have interrelated operations, central control of labor relations, common management, and common ownership, they are considered alter ego employers, and the NLRB may determine that employees of the alter ego employer are part of the bargaining unit.
Term
Alternative dispute resolution
Definition
covers a range of methods used to solve disagreements without litigation.
Term
Authorization card
Definition
the means by which the NLRB determines that there is sufficient support for a union to hold an election. The NLRB will hold an election if 30% of the eligible employees in the anticipated bargaining unit sign the authorization cards.
Term
Binding arbitration
Definition
a way of resolving conflicts without resorting to work stoppages. The parties in dispute agree to accept the arbitrator’s decision as final.
Term
Blocking-charge bar
Definition
one of the bars to union representation elections; based on pending charges of unfair labor practices that prevent unions from petitioning the NLRB for an election.
Term
Certification year bar
Definition
one of the bars to union rep. elections; the NLRB will not order an election for at least one year after certifying a bargaining rep.
Term
Closed shop
Definition
a clause that requires all new hires to be members of the union before they are hired. Illegal except for in the construction industry.
Term
Collective bargaining agreement
Definition
A CBA is an agreement between an employer and a union that governs the employment relationship for a specified period of time.
Term
Common law doctrines
Definition
developed over centuries as a result of legal decisions made by judges in individual cases.
Term
Common situs picketing
Definition
occurs when an employer shares a building with other employers. A strike can interfere with the ability of other businesses to operate, so picket signs must clearly state the name of the business that people are striking, and where possible restrict picketing to an entrance used only by the primary employer.
Term
Compulsory arbitrations
Definition
mandated by legal statute to resolve disputes in the public sector where labor strikes are prohibited.
Term
Consent election
Definition
a union election held after a NLRB conference if the employer and the union agree to jurisdictional issues, the makeup of the bargaining unit, the eligibility of voters in the proposed unit, and the time and place of the election.
Term
Constructive confrontation
Definition
a form of mediation developed to resolve long-standing conflicts about difficult, significant issues in orgs.
Term
Constructive discharge
Definition
occurs when an employer forces an employee to resign by creating a work environment that is so unpleasant that a reasonable person would resign.
Term
Consumer picketing
Definition
an action performed to advise consumers that goods have been produced by a business whose workers are on strike.
Term
Coordinated bargaining
Definition
also known as multi-unit bargaining, this occurs when an employer negotiates with several unions representing different bargaining units in a company.
Term
Deauthorization
Definition
the process employees use to remove a union security clause from the CBA.
Term
Decertification
Definition
the process employees use to remove a union as their bargaining rep. if they are not satisfied with the union’s performance. A decert petition requires the signatures of at least 30% of employees before the NLRB will act on it.
Term
Defamation
Definition
a communication that damages an individual’s reputation in the community, preventing them from obtaining employment or other benefits.
Term
Directed election
Definition
a union rep. election that occurs after an NLRB preelection hearing has resolved issues around jurisdiction, the bargaining unit, voter eligibility, and the time and place of the election.
Term
Distributive bargaining
Definition
also known as positional or hard bargaining, it is a negotiating position in which for one side to gain something, the other side must lose something.
Term
Due process
Definition
describes employment actions taken in accordance with established procedures. This includes notifying employees of pending actions and providing them with recourse to respond to any allegations prior to making a final employment decision.
Term
Duty of diligence
Definition
a common law doctrine requiring an employee to act “with reasonable care and skill” in the course of performing work for the employer.
Term
Duty of loyalty
Definition
a common law doctrine requiring employees to act in the best interest of the employer and not solicit work away from the employer to benefit themselves.
Term
Duty of obedience
Definition
a common law doctrine requiring employees to act within the authority granted by the employer and to follow the employer’s reasonable and legal policies, procedures, and rules.
Term
Excelsior list
Definition
contains the names and addresses of all employees in a bargaining unit designated by the NLRB and must be provided by the employer to the union within seven days of the consent to or direction of an election.
Term
Express contract
Definition
a verbal or written agreement in which the parties state exactly what they agree to do.
Term
Glass ceiling
Definition
describes the limitations faced by women and minorities when it comes to advancing into the senior ranks of corporate management.
Term
Hard bargaining or positional bargaining
Definition
a negotiating position in which for one side to gain something, the other side must lose something.
Term
Hostile work environment
Definition
as defined by the EEOC, it exists when an individual(s) are subjected to unwelcome verbal or physical conduct, thereby interfering with work performance, or creating an intimidating work environment.
Term
Implied contract
Definition
can be created by an employer’s conduct and need not be explicitly stated or written.
Term
Informational (publicity) picketing
Definition
is done to truthfully advise the public that an employer is a union-free workplace.
Term
Injunction
Definition
a court order that either requires or forbids an action by one party against another.
Term
Integrative bargaining
Definition
a form of principled bargaining in which the parties look at all the issues on the table and make mutually agreeable trade-offs among those issues.
Term
Interest-based bargaining or integrative bargaining
Definition
a form of principled bargaining based on the concept that both sides in a negotiation have harmonious interests.
Term
Lockout
Definition
when management shuts down operations to prevent employees from working.
Term
Maintenance of membership
Definition
this clause in a union contract allows employees to choose whether or not to join the union, but once they join, it requires them to remain members until the contract expires. Employees must notify the union that they wish to discontinue membership within 30 days of the contract’s expiration date.
Term
Multi-employer bargaining
Definition
takes place when the union negotiates with more than one employer in an industry or region at a time.
Term
Multi-unit bargaining
Definition
also known as coordinated bargaining, this occurs when several unions represent different bargaining units in the company and the employer negotiates with several of them at the same time.
Term
National Labor relations board (NLRB)
Definition
Established by the National Labor Relations Act to conduct elections and to prevent and remedy ULP’s. It does not instigate actions on its own, but responds to requests for election and/or charges of ULP’s.
Term
Non-binding arbitration
Definition
takes place when either party may reject an arbitrator’s decision and continue the dispute by filing a lawsuit.
Term
Ombudsman
Definition
an impartial person not involved in a dispute who can speak with the parties and suggest alternative solutions.
Term
Org. climate
Definition
the org. culture, behaviors, leadership, management style, and level of bureaucracy within an org. create the org. climate.
Term
Org. culture
Definition
the org. culture includes the atmosphere, values and beliefs shared at all levels and reflected in the behavior of individuals throughout the org.
Term
Org. picketing
Definition
occurs when the union wants to attract employees to become members and authorize the union to represent them to the employer.
Term
Parallel bargaining
Definition
also known as pattern bargaining, whipsawing, or leapfrogging, this occurs when the union negotiates with one of the employers in an industry at a time. Once a contract has been reached with the first employer, the union uses the gains made as a base for negotiating with the next employer.
Term
Peer review panel
Definition
a form of alternative dispute resolution in which groups of employees and managers, with the proper training, hear disputes and make decisions that can be final and binding to both parties, if they agree to it.
Term
Permanent arbitrator
Definition
a person who is viewed by the parties to an agreement as fair and impartial and able to resolve any disputes that may arise between them.
Term
Picketing
Definition
occurs when a group of employees demonstrate at the entrance of a business to inform customers and the public about disputes, or to prevent deliveries to a business that the union is trying to influence is some way.
Term
Positional bargaining
Definition
distributive or hard bargaining; for one side to gain something, the other side must lose something.
Term
Principled bargaining
Definition
a negotiating strategy where two parties are more interested in solving a problem than they are in winning a position.
Term
Prior-petition bar
Definition
when a union withdraws an election petition before the election takes place, this bar prevents NLRB approval of another election for six months.
Term
Quid pro quo
Definition
asking for favors in return for a favorable employment action. Generally involves a supervisor and a subordinate employee.
Term
Recognitional picketing
Definition
occurs when a union wants an employer to recognize it as the employees’ rep. for CBA purposes. The NLRA places a limit of 30 days on recognitional picketing, then a petition for an election must be filed.
Term
Respondeat superior
Definition
a common law concept that means employers can be held liable for the actions of their employees that are performed in the course of their employment and within the scope of their assigned duties.
Term
Salting
Definition
a union organizing practice used to influence employees in an org. The union hires a person to apply for job with the employer, and once hired, directs them to try to organize the employees.
Term
Sit down strike
Definition
an unlawful strike in which employees stop working and stay at the worksite.
Term
Skip-level interview
Definition
in this process, employees are interviewed by their manager’s manager to provide insight into employees’ goals and job satisfaction, as well as an op. for career counseling.
Term
Statutory bar
Definition
this bar to union rep. elections prohibits a rep. election in a bargaining unit when one has been held during a prior 12-month period.
Term
Tangible employment action (TEA)
Definition
the supreme court defines this as “ a significant change in employment status, or a decision causing a major change in benefits.”
Term
TIPS
Definition
an acronym used to remind employers of actions to prevent charges of ULP’s during unionizing efforts. Employers may not: threaten, interrogate, promise, or spy on employees.
Term
Tripartite arbitration panel
Definition
consists of three arbitrators who hear the issues and reach a joint decision around disputes.
Term
Unfair labor practice (ULP)
Definition
actions by an employer or a union that restrain or coerce employees from exercising their right to organize and bargain collectively or to refrain from doing so.
Term
Union shop
Definition
this clause requires all employees to join the union within a grace period specified by the contract but no fewer than 30 days, or in the construction industry, 7 days.
Term
Vicarious liability
Definition
a legal concept that holds an employer accountable for the harmful actions of its employees, whether or not the employer is aware of those actions.
Term
Voluntary arbitration
Definition
occurs when both parties to a disagreement agree to submit the conflict to an arbitrator for resolution.
Term
Voluntary-recognition bar
Definition
this bar to union rep. elections prevents an election for a reasonable period of time after an employer has voluntarily recognized a union as the rep. for a bargaining unit.
Term
Whipsawing
Definition
also known as pattern bargaining or whipsawing, this occurs when the union negotiates with one of the employers in an industry at a time. Once a contract has been reached with the first employer, the union uses the gains made as a base for negotiating with the next employer.
Term
Wildcat strike
Definition
occurs in violation of a contract clause prohibiting strikes during the term of the contract.
Term
Work rules
Definition
describe what employees may or may not do to comply with a company policy.
Term
Yellow dog contracts
Definition
were used by employers to prevent employees from joining unions. The employer required them to sign an agreement that the employee was not a member of a union and would not become one in the future and that joining a union would be sufficient grounds for termination. The Norris-Laguardia act did away with these.
Term
Zipper clause
Definition
also known as totality of agreement, it is an agreement between two parties to a CBA that the contract is the entire agreement between them, and that anything not in it is not part of the agreement. The purpose of this clause is to prevent the re-opening of negotiations during the term of the contract.
Term
Biological health hazards
Definition
a type of environmental health hazard that spreads infectious disease to people and can be caused by many factors, from unclean eating areas, to needle-sticks.
Term
Business continuity planning
Definition
a proactive strategy to protect an org. from emergencies; it results in a written doc describing possible disruptions to ops. and actions to be taken to minimize those disruptions and assigns responsibilities for executing the plan to certain employees.
Term
Caregiver discrimination
Definition
also known as family responsibility discrimination, occurs when employees who must care for elders or children suffer adverse tangible employment actions b/c of these responsibilities.
Term
Chemical health hazards
Definition
a type of environmental health hazard that can cause illness or injury.
Term
Childcare discrimination
Definition
also known as family responsibility discrimination, occurs when employees who must care for elders or children suffer adverse tangible employment actions b/c of these responsibilities.
Term
Closing conference
Definition
is held at the end of an OSHA inspection; the employer, inspector, and employee reps. discuss the observations that have been made and what corrective action must be taken.
Term
Continuity of operations plan
Definition
is created to move from disaster recovery (during which critical business functions are maintained but normal ops. may not be taking place) back to pre-emergency service operating levels.
Term
Cumulative trauma injuries
Definition
musculoskeletal disorders. The result of repeated stress to certain parts of the body as a result of how job duties must be performed.
Term
De-minimus
Definition
an OSHA violation that does not pose a direct or immediate threat to safety or health; the lowest violation level identified by OSHA.
Term
Disaster recovery plan (DRP)
Definition
describes activities that take place once the initial response to an emergency is over.
Term
Doctrine of contributory negligence
Definition
a common law doctrine that allowed a worker’s actions to mitigate an employer’s responsibility for on the job injuries.
Term
Emergency action plans
Definition
informs employees of appropriate procedures to follow during a fire, evacuation, or other emergency.
Term
Emergency response plan (ERP)
Definition
describes how an org. will react to different emergency situations if they occur.
Term
Environmental health hazards
Definition
these hazards come in many forms, including physical hazards (noise and extreme temps), chemical hazards, and biological hazards.
Term
Ergonomics
Definition
a science that addresses the way a physical environment is designed and how efficient and safe that environment is for those who work in it.
Term
Family responsibility discrimination
Definition
also known as caregiver discrimination, occurs when employees who must care for elders or children suffer adverse tangible employment actions b/c of these responsibilities.
Term
Fellow servant rule
Definition
a common law doctrine that absolves employers of responsibility for worker injuries if a co-worker’s actions caused the injury.
Term
General duty standard
Definition
OSHA standard that requires employers to provide jobs and a workplace that are free from safety and health hazards that could cause death or serious physical harm. Also requires employers to comply with all OSHA rules and regs.
Term
Health Hazard Evaluation
Definition
a NIOSH program that responds and investigates concerns about any workplace hazards.
Term
Intellectual property agreement
Definition
an agreement that identifies what a company considers to be confidential info and how its use is limited by the agreement. May tell how long the agreement remains in place after employees leave the org., or when the agreement expires.
Term
Internal controls
Definition
policies and procedures designed to protect financial assets from being mishandled.
Term
Materials safety data sheet (MSDS)
Definition
chemical manufacturers provide these to identify the ingredients in a substance, how it reacts with other substances, how it should be used, how it should be disposed of or treated in case of an accident, and what happens when it degrades.
Term
Mine safety & health admin. (MSHA)
Definition
established with the mine safety and health act of 1977 to monitor the safety of mining ops.
Term
Musculoskeletal disorders
Definition
The result of repeated stress to certain parts of the body as a result of how job duties must be performed.
Term
National Inst. Of Occupational Safety & Health
Definition
The OSH act created NIOSH as part of dept. of health and human services. Charged with researching and evaluating workplace hazards and recommending ways to reduce the effects of those hazards. Also supports education and training in the field of occupational safety and health.
Term
Nondisclosure agreement
Definition
a written agreement in which one party agrees to share proprietary info with another party, and the other party agrees not to disseminate the info to anyone else.
Term
OSHA
Definition
Established by the OSH act of 1970, OSHA has the responsibility of creating and enforcing safety standards.
Term
Occupation safety & health standards
Definition
Developed by OSHA. Includes noise and PPE standards, as well as many others.
Term
Opening conference
Definition
the first step in an OSHA inspection, in which the inspector explains why the site was selected, the purpose of the visit, and the scope of inspection and standards that apply to the worksite.
Term
OSHA alliance program
Definition
provides an avenue for small business owner associations to collaborate with the gov’t in promoting workplace health and safety issues. Open to almost all entities.
Term
Physical health hazards
Definition
can cause physical such as excessive noise, extreme temps, chemical explosions, or poor ergonomic design.
Term
Pre-employment testing
Definition
done prior to employment to assess a candidate’s ability to perform a job successfully.
Term
Privacy concern cases
Definition
allow the substitution of a case number for an employee’s name on the OSHA 300 log when reporting sensitive workplace injuries or illnesses. Employees may request that their name not be included on the log as well.
Term
Reasonable expectation of privacy
Definition
courts use this standard to evaluate cases involving workplace searches based on factors such as whether there was a privacy policy in place and how an employer has handled similar situations in the past.
Term
Reasonable suspicion drug testing
Definition
can be used at any time there has been an accident in the workplace or when a supervisor suspects, based on an employee’s behavior, that he/she may be under the influence of drugs or alcohol.
Term
Repetitive stress injuries
Definition
Musculoskeletal disorders, or cumulative trauma injuries; the result of repeated stress to certain parts of the body as a result of how job duties must be performed.
Term
Risk assessment
Definition
a process used to determine how likely it is that an emergency will occur, the cost of an emergency to the business should it occur, and the impact it would have on the ability of the business to continue ops.
Term
SHARP
Definition
safety and health achievement recognition program. This program recognizes small, high-hazard employers who have requested a comprehensive OSHA consultation, corrected any violations, and developed an ongoing safety management program.
Term
Scheduled drug testing
Definition
used for monitoring the rehabilitation of employees. Not useful in other instances.
Term
Section 404
Definition
of the SOX act requires orgs. to review and test their internal controls, including HR activities that result in financial transactions.
Term
Security
Definition
protects an org’s physical, intellectual, informational, human, financial, and other assets from threats of one kind or another.
Term
Strategic partnership program
Definition
provides the means for businesses and employees to participate in solving health and safety problems with OSHA.
Term
Stress
Definition
According to NIOSH, stress occurs when job requirements do not match the capabilities, resources, or needs of a worker, resulting in harmful physical or emotional results.
Term
Teratogens
Definition
chemicals that do not affect a pregnant woman but can harm an unborn child.
Term
Voluntary assumption of risk
Definition
a common law doctrine that assumed workers who were injured on the job knew the dangers of the job when they took it, and therefore assumed the associated risks. The level of worker pay for more dangerous jobs helped reflect this and absolve the employer of responsibility.
Term
Voluntary protection program
Definition
employers with tough, established safety programs who meet OSHA criteria for the VPP program are removed from routine scheduled inspection lists.
Term
Workplace investigations
Definition
a formal report or research into suspected illegal activity or serious violations of company policy taking place within an org.
Term
Payne v. Western & Atlantic Railroad Company
Definition
1884; defined employment at will
Term
Bureau of labor statistics
Definition
1869; established to study industrial accidents and maintain accident records
Term
Sherman Anti-trust act
Definition
1890; controlled business monopolies. Allowed court injunctions to prevent restraint of trade.
Term
Clayton Act
Definition
1914; Limited the use of injunctions to break strikes. Exempted unions from the Sherman act.
Term
Federal Employees Compensation Act
Definition
1916; Provided benefits similar to worker’s comp for federal employees injured on the job.
Term
Longshore and Harbor Workers Comp. Act
Definition
1927; Provided workers comp benefits for maritime workers injured in US waters or on piers, docks, and terminals.
Term
Railway Labor Act
Definition
1926; Protected unionization rights. Allowed for a 90 day cooling-off period to prevent strikes in national emergencies. Covers railroads and unions.
Term
Norris-LaGuardia Act
Definition
1932; Protected the right to organize. Outlawed yellow dog contracts.
Term
National Labor Relations Act (Wagner Act)
Definition
1935; Protected the right of workers to organize and bargain collectively. Identified unfair labor practices. Established the NLRB.
Term
Federal Insurance Contributions Act/SSA Act (FICA)
Definition
1935; required employers and employees to pay social security taxes.
Term
Federal Unemployment Tax Act (FUTA)
Definition
1936; Required employers to contribute a percentage of payroll to an unemployment insurance fund.
Term
Public Contracts Act (Walsh-Healey)
Definition
1936; Required contractors to pay prevailing wage rates.
Term
Fair Labor Standards Act (FLSA)
Definition
1938; Defined exempt and nonexempt employees; required and set the minimum wage to be paid to nonexempt workers; required time and a half to be paid for nonexempt overtime hours; limited hours and types of work for children; established record-keeping requirements.
Term
Labor Management Relations Act (Taft-Harley)
Definition
1947; Prohibited closed shops; restricted union shops; allowed states to pass “right to work” laws; allowed employers to permanently replace economic strikers; established the federal mediation and conciliation service; allowed an 80 day cooling off period for national emergency strikes.
Term
Portal to Portal Act
Definition
1947; Clarified definition of “hours worked” for the FLSA.
Term
Patent Act
Definition
1952; Established US Patent and Trademark Office.
Term
LMRDA (Landrum-Griffin)
Definition
1959; Controlled internal union ops.; provided bill of rights for union members; required majority vote of members to increase dues; allowed members to sue the union; set term limits for union leaders.
Term
Equal Pay Act
Definition
1963; Required that employees performing similar or identical work be paid the same wage or salary rate.
Term
Title VII of Equal Rights Act of 1964
Definition
Established the EEOC; prohibited employment discrimination on the basis race, color, religion, national origin, or sex.
Term
Executive Order 11246
Definition
1965; Prohibited employment discrimination on the basis of race, creed, color, or national origin; required affirmative steps for all terms and conditions of employment; required a written AAP for contractors with 50 employees.
Term
Immigration and Nationality Act
Definition
1965; Eliminated national origin, race, and ancestry as bars to immigration; set immigration goals for reunifying families and preference for specialized skills.
Term
Service Contract Act
Definition
1965; Required gov’t contractors to pay prevailing wages and benefits.
Term
Age Discrimination in Employment Act (ADEA)
Definition
1967; Prohibited discrimination against persons 40 years of age or older; established conditions for Bona Fide Occupational Qualification (BFOQ) exceptions.
Term
EO 11375
Definition
1967; Added sex to protected classes of EO 11246 of 1965.
Term
Consumer Credit Protection Act
Definition
1968; Limited garnishment amounts on employee wages; prohibited discharge of employees for a single garnishment order.
Term
EO 11478
Definition
1969; Included disabled persons and those 40 years of age or older in protected classes established by EO 11246.
Term
Occupational Safety and Health Act
Definition
1970; Required employers to provide a safe workplace and comply with safety and health standards. Established OSHA to enforce safety regulations; established NIOSH to research evaluate and recommend hazard reduction measures.
Term
Fair Credit Reporting Act
Definition
1970; Required employers to notify candidates that credit reports may be obtained; required written authorization by the candidate and that the employer provide a copy of the report to the candidate before taking an adverse action.
Term
Griggs v. Duke Power
Definition
1971; USSC: Required employers to show that job requirements are related to the job; established that lack of intention to discriminate is not a defense against claims of discrimination.
Term
Equal Employment Opportunity Act
Definition
1972; Established that complainants have the burden of proof for disparate impact; provided litigation authority for EEOC; extended the time to file complaints.
Term
Rehabilitation Act
Definition
1973; Expanded opps. For those with physical or mental disabilities and provided remedies for victims of discrimination.
Term
Privacy Act
Definition
1974; Prohibited federal agencies from sharing info collected on individuals.
Term
Vietnam Era Veterans Readjustment Assistance Act
Definition
1974; Provided equal opp. and affirmative action for Vietnam Vets.
Term
Employee Retirement Income Security Act (ERISA)
Definition
1974; Established reqs. For pension, retirement, and welfare benefit plans, including medical, hospital, AD&D, and unemployment benefits.
Term
Albemarle Paper v. Moody
Definition
1975; USSC: required that employment tests be validated; subjective supervisor rankings are not sufficient validation; criteria must be tied to job reqs.
Term
NLRB v. Weingarten, Inc.
Definition
1975; USSC: Established that union employees have the right to request union representation during any investigatory interview that could result in disciplinary action.
Term
Copyright Act
Definition
1976; Defined “fair use” of copyrighted work; set term of copyright effectiveness.
Term
Mine Safety and Health Act
Definition
1977; Established mandatory mine safety and health standards and created MSHA.
Term
Automobile Workers v. Johnson Controls
Definition
USSC: “Decisions about the welfare of the next generation must be left to the parents who conceive, bear, support, and raise them, rather than to the employers who hire those parents.”
Term
Uniform Guidelines on Employee selection procedures
Definition
1978; Established guidelines to ensure that selection procedures be both job related and valid predictors of job success.
Term
Pregnancy discrimination Act
Definition
1978; Required that pregnancy be treated the same as any other short-term disability.
Term
Civil Service reform Act
Definition
1978; Created the Office of Personnel Management and Federal Labor Relations Authority.
Term
Revenue Act
Definition
1978; Established section 125 plans and 401k plans for employees.
Term
EO 12138
Definition
1979; Created the National Women’s Business Enterprise Policy; required affirmative steps to promote and support women’s business enterprises.
Term
Guidelines on Sexual Harassment
Definition
1980; Assisted employers to develop anti-harassment policies, establish complaint procedures, and investigate complaints promptly and impartially.
Term
Retirement Equity Act
Definition
1984; lowered age limits on participation and vesting in pension benefits; required written spousal consent to not provide survivor benefits; restricted the conditions placed on survivor benefits.
Term
Consolidated Omnibus Budget Reconciliation Act (COBRA)
Definition
1986; Provided continuation of group health coverage upon a qualifying event.
Term
Tax reform Act
Definition
1986; reduced income tax rates and brackets.
Term
Immigration Reform and Control Act
Definition
1986; Prohibited employment of individuals who are not legally authorized to work in the US; required I-9 for all employees.
Term
Drug-free workplace Act
Definition
1988; Required federal contractors to develop and implement drug-free workplace policies.
Term
Employee Polygraph protection Act
Definition
1988; Prohibited the use of lie detector tests except under limited circumstances.
Term
Worker Adjustment and Retraining Notification Act (WARN)
Definition
1988; Required 60 days notice for mass layoffs or plant closings; defined mass layoffs and plant closings; identified exceptions to the reqs.
Term
Americans with Disabilities Act (ADA)
Definition
1990; Required reasonable accommodation for qualified persons with disabilities.
Term
Older worker benefit protection Act
Definition
1990; Amended ADEA to prevent discrimination in benefits for workers 40 years of age or older; added reqs. for waivers.
Term
Immigration Act of 1990
Definition
Required prevailing wage for holders of H1B visas; set H1B quotas.
Term
Civil Rights Act of 1991
Definition
Allowed compensatory and punitive damages; provided for jury trials; established defenses to disparate impact claims.
Term
Glass Ceiling Act
Definition
1991; Established a commission to identify barriers to women and minorities moving into Sr. management roles; as a result, the OFCCP conducts audits the representation of women and minorities at all corporate levels.
Term
Family and Medical Leave Act (FMLA)
Definition
1993; Required qualifying employers to provide 12 weeks of unpaid leave to eligible employees for the birth or adoption of a child, or to provide care for defined relatives with serious health conditions, or to employees unable to perform job duties due to a serious health condition.
Term
Taxman v. Board of Education of Piscataway
Definition
1993; found that in the absence of past discrimination or underrepresentation of protected classes, preference may not be given to protected classes in making layoff decisions.
Term
Harris v. Forklift Systems
Definition
1993; USSC: Defined actionable hostile work environment as that which falls between merely offensive, and that which results in tangible psychological injury.
Term
Omnibus Budget Reconciliation Act (OBRA)
Definition
1993; Revised rules for employee benefits; set maximum deduction for exec pay at 1 million dollars.
Term
Uniformed Services Employment and Re-employment Rights Act (USERRA)
Definition
1994; Protected the reemployment and benefit rights of reservists called to active duty.
Term
Congressional Accountability Act
Definition
1995; Required all federal employment legislation passed by congress to apply to congressional employees.
Term
Illegal Immigration Reform and Immigrant Responsibility Act
Definition
1996; reduced number and types of docs to prove identity.
Term
Mental Health Parity Act
Definition
1996; required insurers to provide the same limits for mental health benefits that are provided for other types of health benefits.
Term
Health Insurance Portability and Accountability Act (HIPAA)
Definition
1996; Prohibited discrimination based on health status; limited health insurance restrictions for pre-existing conditions.
Term
Personal Responsibility and Work Opportunity Reconciliation Act
Definition
1996; Required all employers to provide info about all new or rehired employees to state agencies to enforce child support orders.
Term
Small Business Job Protection Act
Definition
1996; Redefined highly compensated individuals; detailed minimum participation reqs.; simplified 401k tests; correct qualified plan and disclosure reqs.
Term
EO 13087
Definition
1998; Expanded coverage of protected classes in EO 11246 to include sexual orientation.
Term
Burlington Industries v. Ellerth
Definition
1998; USSC: Established that employers have vicarious liability for employees victimized by supervisors with immediate or higher authority over them who create an actionable hostile work environment.
Term
Faragher v. City of Boca Raton
Definition
1998; USSC: Established that employers are responsible for employee actions and have a responsibility to control them. A supervisor need not make an explicit threat of a TEA for the behavior to be harassment.
Term
Oncale v. Sundowner Offshore Services
Definition
1998; USSC: Extended the definition of sexual harassment to include same-sex harassment.
Term
NLRB: Epilepsy Foundation of Northeast Ohio
Definition
2000; NLRB extended Weingarten rights to non-union employees.
Term
NLRB: M.B. Sturgis, Inc
Definition
2000; established that temp employees may be included in the client company’s bargaining unit and that consent of the employer and the temp agency are not required to bargain jointly.
Term
EO 13152
Definition
2000; added parental status to protect classes in EO 11246.
Term
Circuit City Stores v. Adams
Definition
2001; USSC: Arbitration clauses in employment agreements are enforceable for employers engaged in interstate commerce, except for transportation workers.
Term
EO 13201
Definition
2001; the Beck Notice – employers are required to post notice advising employees of their legal right to withhold any part of their union dues that does not relate to collective bargaining, contract admin., or grievance adjustment. Applies to federal contractors and sub-contractors.
Term
Sarbanes-Oxley Act (SOX)
Definition
2002; to establish internal controls structures and reporting reqs.; to improve quality and transparency in financial reporting.
Term
Pharakhone v. Nissan North America
Definition
2003; Established that employees who violate company rules while on FMLA leave may be terminated.
Term
NLRB: IBM Corp
Definition
2004; NLRB reversed its 2000 decision on Weingarten rights, taking them away from non-union employees.
Term
Jesperson v. Harrah’s Operating Co
Definition
2004; Dress code requiring women to wear makeup does not constitute unlawful sex discrimination under title VII.
Term
Smith v. City of Jackson, MI
Definition
2005; USSC: ADEA permits disparate impact claims for age discrimination comparable to those permitted for discrimination based on sex and race.
Term
Pension Protection Act of 2006
Definition
Amends ERISA financial obligations for multi-employer pension plans; changes plan administration for deferred contribution plans.
Term
Burlington Northern Santa Fe Railway Co. v. White
Definition
2006; USSC: All retaliation against employees who file discrimination claims is unlawful under title VII, even if no economic damage results.
Term
Sista v. Ixis North America, Inc
Definition
2006; an employee on FMLA may be legally terminated for legitimate, non-discriminatory reasons, including violations of company policy if the reason is unrelated to the exercise of FMLA rights.
Term
Bates v. UPS
Definition
2006; when employers apply an unlawful standard that bars employees protected by the ADA from an application process, the employees do not need to prove they were otherwise qualified to perform essential job functions. The employer must prove the standard is necessary to business operations.
Term
Taylor v. Progress Energy, Inc
Definition
2007; the waiver of FMLA rights in a severance agreement is invalid; FMLA clearly states that “employees cannot waive, nor may employers induce them to waive, any rights under the FMLA.”
Term
Repa v. Roadway Express, Inc
Definition
2007; when an employee on FMLA leave is receiving employer-provided disability payments, they may not be required to use accrued sick or vacation leave during the FMLA absence.
Term
Phason v. Meridian Rail Corp
Definition
2007; When an employer is close to closing a deal to sell a company, WARN act notice reqs. are triggered by the number of employees actually employees and the number laid off on the date of the layoff.
Term
Davis v. O’Melveny & Myers
Definition
2007; Arbitration clauses in employment agreements will not be enforced if they are significantly favorable to the employer and the employee does not have a meaningful opportunity to reject the agreement.
Term
Velazquez-Garcia v. Horizon Lines of Puerto Rico, Inc
Definition
2007; the burden of proof that a termination was not related to military service is on an employer when an employee protected by USERRA is laid off.
Term
Genetic Information Non-discrimination Act
Definition
2008; Prohibits employment discrimination on the basis of genetic info. Prohibits employers from requesting, requiring or purchasing genetic info and describes exceptions.
Term
Predictive validity
Definition
a type of criterion validity that predicts whether a test measurement accurately predicts behavior. Here, a test is given and the behavior is measured at a later time.
Term
Forced ranking
Definition
a comparison method of performance appraisal that asks managers to rank employees according to the bell curve, with the majority of employees receiving average ratings, and fewer receiving either high or low ratings.
Term
Commissions
Definition
commissions allot a percentage of the sales price to employees for the products and services they sell to a customer. They can serve as the entire cash compensation package or work in combination with a base salary.
Term
Profit-sharing plans
Definition
also known as discretionary contributions, they allow employers to contribute deferred comp based on a percentage of company earnings each year.
Term
Washington v. Davis
Definition
1976; USSC: Established that employment selection tools that adversely impact protected classes are lawful if they have been validated to show future success on the job.
Term
Contract Bar
Definition
One of the bars to union rep. elections; prevents an election when a valid CBA is already in place.
Term
7 steps of Needs Analysis Process
Definition
1. Describe the objective 2. Define the current situation 3. Conduct a gap analysis 4. Set priorities 5. Investigate options 6. Evaluate options and budget impact 7. Recommend solutions
Term
Steps in documenting performance issues
Definition
1. Verbal warning 2. first written warning 3. Final written warning 4. decision-making day (optional) 5. Suspension 6. Termination
Term
Malcolm Knowles 5 characteristics of andragogy
Definition
1. Self-concept 2. Experience 3. Readiness to learn 4. Orientation to learning 5. Motivation to learn
Term
Maslow's Hierarchy of Needs
Definition
1. Physiological 2. Safety 3. Social 4. Esteem 5. Self-actualization
Term
Steps in Clayton Alderfer's ERG Theory
Definition
1. Existence 2. Relatedness 3. Growth
Term
3 premises of Davis McClleland's Acquired Needs Theory
Definition
1. Acheivement 2. Affiliation 3. Power
Term
3 Steps in Victor Vroom's Expectancy Theory
Definition
1. Expectancy 2. Instrumentality 3. Valence
Term
Skinner's 4 intervention strategies for Operant Conditioning
Definition
1. Positive Reinforcement 2. Negative Reinforcement 3. Punishment 4. Extinction
Term
Stages of Project Management life-cycle
Definition
1. Initiation 2. Planning 3. Executing 4. Controlling 5. Closing
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