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Definition
| a written, itemized listing of a specific job's basic responsibilities and reporting relationships |
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| the knowledge or skills required to perform the responsibilities and tasks listed in a job description |
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| Bona Fide Occupational Qualification (BFOQ) |
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Definition
| A job qualification, established in good faith and fairness that is necessary in order to safely or adequately perform the job |
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Definition
| failure on the part of an employer to exercise reasonable care in the selection of employees |
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| false statements that cause someone to be held in contempt, lowered in the estimation of the community, or to lose employment status or earnings or otherwise suffer damaged reputation |
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| commercial trading or the transportation of person's or property between or among states |
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Definition
| a federally mandated requirement that employers who meet certain criteria must actively seek to fairly employ recognized classes of workers (some state and local legislatures have also enacted ____ requirements) |
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| Civil Rights Act of 1964, Title VII |
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Definition
outlawed major forms of discrimination against African Americans and women, including racial segregation
prohibits discrimination by covered employers on the basis of race, color, religion, sex or national origin
also prohibits discrimination against an individual because of his or her association with another individual of a particular race, color, religion, sex, or national origin. An employer cannot discriminate against a person because of his interracial association with another, such as by an interracial marriage |
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| Americans with Disabilities Act |
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Definition
three different individuals covered:
physical or mental impairment that substantially limits a major life activity
record of disability
regarded as having a disability |
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Term
| Age Discrimination in Employment Act |
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Definition
forbids employment discrimination against anyone at least 40 years of age in the United States
Discrimination in hiring, promotions, wages, or termination of employment and layoffs.
Statements or specifications in job notices or advertisements of age preference and limitations.
Denial of benefits to older employees. An employer may reduce benefits based on age only if the cost of providing the reduced benefits to older workers is the same as the cost of providing full benefits to younger workers.
Since 1978 it has prohibited mandatory retirement in most sectors, with phased elimination of mandatory retirement for tenured workers, such as college professors, in 1993.
Mandatory retirement based on age is permitted for:
Executives over age 65 in high policy-making positions who are entitled to a pension over a minimum yearly amount. |
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Term
| Immigration Reform and Control Act (IRCA) |
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Definition
required employers to attest to their employees' immigration status.
made it illegal to knowingly hire or recruit unauthorized immigrants.
granted amnesty to certain seasonal agricultural illegal immigrants.
granted amnesty to illegal immigrants who entered the United States before January 1, 1982 and had resided there continuously |
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| Fair Labor Standards Act of 1938 (FLSA) |
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Definition
| established a national minimum wage, guaranteed 'time-and-a-half' for overtime in certain jobs, and prohibited most employment of minors in "oppressive child labor," a term that is defined in the statute. It applies to employees engaged in interstate commerce or employed by an enterprise engaged in commerce or in the production of goods for commerce, unless the employer can claim an exemption from coverage. |
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Term
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Definition
| an individual or entity that pays wages or a salary in exchange for a worker's services |
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Term
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| an individual who is hired to provide services to an employer in exchange for wages or a salary |
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Term
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Definition
| an employment relationship where employers have a right to hire any employee, whenever they choose, and to dismiss an employee for or without cause, at any time; the employee also has the right to work for the employer or not, or to terminate the relationship at any time |
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Term
| collective bargaining agreement (CBA) |
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Definition
| a formal contract between an employer and a group of employees that establishes the rights and responsibilities of both parties in their employment relationship |
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Definition
| a contract between an employer and employee that specifies the rights and obligations of each party to the agreement |
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| a document written to detail the policies, benefits, and employment practices of an employer |
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| Latin term for "giving one thing in return or exchange for another" |
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Definition
| a party's responsibility for the acts of another which result in an injury, harm or damage |
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Term
| Family and Medical Leave Act |
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Definition
a covered employer must grant an eligible employee up to a total of 12 workweeks of unpaid leave for:
the birth of a child
adoption of a child
care for an employee's spouse, child, or parent w/ serious health condition
a serious health condition
any qualifying exigency arising out of the fact that the employee's spouse, son, daughter, or parent is covered military member on "covered active duty" |
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Definition
| the least amount of wages an employee covered by the FLSA or state law may be paid by their employer |
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Definition
| a gratuity given for a service performed |
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Term
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Definition
| the amount an employer is allowed to consider as a supplement to employer paid wages in meeting the requirements of applicable minimum wage laws |
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Definition
| an amount added to a guest's bill in exchange for services provided |
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Definition
| an arrangement whereby service providers share their tips with each other on a pre-determined basis |
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Term
| Federal Insurance Contribution Act (FICA) |
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Definition
often called social security taxes
fund he social security program and Medicare
both employers and employees are required to contribute
___ taxes must be paid on the employee's wages, which include cash wages and cash value of all remuneration paid in any medium other than cash
the size of the __ tax and the amount of an employee's wages subject to it are adjusted on a regular basis b the Federal govt |
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Term
| Federal Unemployment Tax Act (FUTA) |
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Definition
| requires employers, but not employees, to contribute a tax based on the size of the employer's total payroll |
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Term
| Earned Income Credit (EIC) |
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Definition
refundable tax credit for workers whose incomes fall below established levels
credit increases for families with 2 or more children, a child under 1, and that pay for health insurance for their children
most workers entitled choose to claim the credit when they file their federal income taxes
employees who elect to submit a W5have the option of getting the money in advance by receiving part of the credit in each paycheck
employers are required to include the ___ in the paycheck of any employee who submits a W5, but are not required to verify the worker's eligibility for the credit |
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Term
| Work Opportunity Tax Credit (WOTC) |
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Definition
enacted in 1996 to replace the expired Targeted Jobs Tax Credit
gives employers a tax credit of up to $2100 for hiring certain disadvantaged workers including certain disabled persons, recipients of Aid to Dependent Children, qualified veterans, qualified ex-felons, youths living in urban empowerment zones, some summer workers and food-stamp recipients |
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Term
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Definition
| a review of an employee's performance, including strengths and shortcomings; typically completed by the employee's direct supervisor |
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Definition
| a violation, by the employer, of the employment relationship resulting in the unlawful firing of the employee |
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Term
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Definition
| an employee development process that provides increasingly severe consequences for continued violation of workplace rules |
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| in-house dispute resolution |
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Definition
| a program, funded by employers, that encourages the equitable settlement of an employee's clam of unfair treatment prior to or without resorting to litigation |
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Term
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Definition
| a company official, appointed to investigate and resolve worker complaints |
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Definition
| a program funded by employers that provides temporary money benefits for employees who have lost their jobs |
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Definition
| a petition, submitted by an unemployed worker to their state unemployment agency, that asserts the worker is eligible to receive unemployment benefits |
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Definition
| a legal obligation to protect against harm |
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Term
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Definition
| the industry-recognized, reasonably accepted level of care used in fulfilling a Duty of Care |
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Definition
| the degree of care that a reasonably prudent person would use in a similar situation |
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Definition
| an act or failure to act (not involving a breach of contract) that results in injury, loss or damage to another (i.e. negligence is an unintentional tort; whereas battery, physically touching someone is usually an intentional ___) |
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Definition
| the failure to use reasonable care |
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Definition
| the event or activity that directly contributes to (causes), the injury or harm |
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Definition
| the reckless or willful failure of an individual or an organization to use even the slightest amount of reasonable care |
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Definition
| negligent conduct by the complaining party (plaintiff) that contributes to the cause of his or her injuries |
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Definition
| shared responsibility for the harm that results from negligence. The comparison of negligence by the defendant with the contributory negligence of the defendant (also known as comparative fault) |
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Definition
| responsibility arising from the nature of a dangerous activity rather that negligence or an intentional act (also known as absolute liability or liability without fault) |
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Definition
| a willful action undertaken with or without full understanding of its consequences |
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Definition
| when a rule is violated by the operator; such violation of a rule is considered to be far outside the scope of reasonable behavior that the violator is assumed to be negligent |
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Definition
| are awarded to restore the injured party to the position they were in prior to the injury (i.e. medical expenses, lost wages, etc.) |
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| a monetary amount used as punishment and to deter the same wrongful act in the future by the defendant and others |
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| damage or harm inflicted upon the body, mind or emotions |
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Definition
| official notification, typically delivered to a defendant via registered or certified mail, that details the plaintiff's case for impending litigation |
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Definition
a method of paying for a civil attorney's services where the attorney receives a percentage of any money awarded as a settlement in the case
typically these fees range from 20-40% of he total amount awarded |
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Term
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Definition
| questions which require written answers, given under oath, asked during the discovery phase of a lawsuit |
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Term
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Definition
oral answers given under oath, to questions asked during the discovery phase of a lawsuit
___ are recorded by a certified court reporter an/or by videotape |
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Definition
| a court-authorized order to appear in person at a designated time and place, or to produce evidence demanded by the court |
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Definition
| a written request to a higher court to modify or reverse the decision of a lower level court |
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Definition
| a customer who lawfully utilizes a facility's food, beverage, lodging or entertainment services |
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Term
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Definition
| a customer who rents real property for a relatively short period of time (ex: small number of days with no intent of establishing a permanent residency) |
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Term
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Definition
| anyone, including a corporation, who rents real property for an extended period of time with the intent of establishing a permanent occupation of residency |
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Definition
| a facility that provides entertainment, rooms, space or seating for the use and benefit of the general public |
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Definition
| to separate a group or individual on any basis, but especially by race, color, religion or national origin |
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Definition
an individual who is on a property at the expressed or implied consent of the owner
employees, managers, contractors, vendors and individuals such as those entering to ask directions, use a telephone, or make a purchase |
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Definition
| legally managers do not have the same duty of care to an individual who is unauthorized to be on a property as they do to one who is authorized |
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Definition
removal of a tenant from rental property by a law enforcement officer
the result of a landlord filling and winning a special lawsuit known as an unlawful detainer |
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Definition
a court designed especially to hear lawsuits entailing relatively small sums of money
can provide a speedy method of making a claim without the necessity of hiring a lawyer and engaging in a formal trial |
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Definition
| a guest who refuses to vacate his or her room when he or she has exceeded the number of nights originally agreed to at check-in |
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Definition
the delivery of an item of property, for some purpose, with the expressed or implied understanding that the person receiving it shall return it in the same or similar condition in which it was received, when the purpose has been completed
ex: coat checks, valet parking, safety deposit boxes, laundry, luggage storage and delivery |
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Definition
| a person or entity who gives property to another in a bailment arrangement |
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| a person or entity who receives and holds property in a bailment arrangement |
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Definition
| bailment in which there is no payment (consideration) in exchange for the promise to hold the property |
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| a latin term meaning "within the hotel" |
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Definition
| personal property held by a bailee until lawful payment is made by the bailor |
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Definition
| personal property that has been put aside on purpose, but then has been forgotten by the rightful owner |
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Definition
| personal property that has been inadvertently put aside, then forgotten by the rightful owner |
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Definition
| personal property that has been deliberately put aside by the rightful owner with no intention of ever returning for it |
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