Term
|
Definition
David McClellan’s theory states that people are motivated by experiences acquired throughout their lives. Human seek achievement, affiliation, or power. |
|
|
Term
|
Definition
Tell people what to do. Can be effective in emergencies when pure productivity is the goal. |
|
|
Term
|
Definition
| provides a snapshot of an org’s financial condition on a specific day. |
|
|
Term
|
Definition
| BF Skinner’s theory that revealed that behavior can be changed through four intervention strategies: positive reinforcement, negative reinforcement, punishment, and extinction. |
|
|
Term
|
Definition
| a broad term used to describe the strategies used by orgs to facilitate the acceptance of change by employees. |
|
|
Term
|
Definition
| established a plan for disseminating business info to an org. |
|
|
Term
|
Definition
| a quantitative measurement tool that compares two variables to see if there is any relationship between them. |
|
|
Term
|
Definition
| stated as a number between -1.0 and 1.0. |
|
|
Term
|
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
|
Definition
| trends that repeat for a period of more than one year. |
|
|
Term
|
Definition
| qualitative analysis method where group members do not meet but submit and resubmit their ideas in writing. |
|
|
Term
|
Definition
| involves employees in the decision-making process. Most effective when relationships are an org’s primary concern. |
|
|
Term
|
Definition
| describes a multicultural, racial, and ethnic workforce. |
|
|
Term
|
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
|
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
|
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
|
Definition
| J. Stacy Adams’ theory states that people are constantly measuring what they put into work against what they get out of it. |
|
|
Term
|
Definition
| the duties and responsibilities that are the reason for having the job. |
|
|
Term
|
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
|
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
|
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
|
Definition
| Maslow’s theory that lower levels needs must be met before higher level needs can be attained. |
|
|
Term
|
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
|
Definition
| a manager who does not provide direction or guidance to subordinates; generally results ion lower productivity in a work group. |
|
|
Term
|
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
|
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
|
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
|
Definition
| identifies personality types with four-letter codes. |
|
|
Term
|
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
|
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
|
Definition
| coordinate activities btw business functions and facilitate the flow of info. 5 main ones: functional, product based, geographic, divisional, and matrix. |
|
|
Term
|
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
|
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
|
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
|
Definition
| based on subjective judgments |
|
|
Term
|
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
|
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
|
Definition
| taking preventative steps such as performing audits or safety inspections or reviewing policies for compliance. |
|
|
Term
|
Definition
| Managing risk by transferring it to another entity, usually an insurance company. |
|
|
Term
|
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
|
Definition
| horizontal networks connecting people and functions to enhance creativity and communication. |
|
|
Term
|
Definition
| based on info that has been collected or reported by others, such as books, articles, and/or reports. |
|
|
Term
|
Definition
| quantitative analysis tool used to measure the relationship btw one variable and another, used to project future needs. |
|
|
Term
|
Definition
| shows how much money flows through an org. |
|
|
Term
|
Definition
| through experience and education, qualified to ensure the maintenance and documentation of a discipline. |
|
|
Term
|
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
|
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
|
Definition
| managers believe that given the opportunity, employees will seek out challenging work and addt’l responsibility if the work is satisfying. |
|
|
Term
|
Definition
| some part of the transaction is provided by an entity other than those who have signed the contract. |
|
|
Term
|
Definition
| quantitative method of analysis that can be used to measure historic staffing levels and provide a basis for calculating future needs. |
|
|
Term
|
Definition
| an action that injures someone and can be grounds for a lawsuit. |
|
|
Term
|
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
|
Definition
| quantitative analysis method that compares the changes in a single variable over time. |
|
|
Term
|
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
|
Definition
| calculated for a specific period of time; assigns more weight to current data. |
|
|
Term
|
Definition
| analyzes costs from the ground up without relying on previous budgets. |
|
|
Term
|
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
|
Definition
| decision making authority is held at the senior levels or is concentrated at a corporate headquarters. |
|
|
Term
|
Definition
| decision making authority is held by the managers who are closest to the daily operating activities. |
|
|
Term
|
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
|
Definition
| people rely on nonverbal clues and relationship to discern meaning. |
|
|
Term
|
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
|
Definition
| member of an org’s board of directors with management responsibility, such as a CEO or CFO. |
|
|
Term
|
Definition
| designed to reduce inventory costs by the frequent purchase of small amounts of supplies. |
|
|
Term
|
Definition
| concerned with making decisions about operating needs, such as production or sales. |
|
|
Term
|
Definition
| designed to influence new laws or regulations. |
|
|
Term
|
Definition
| strategies/goals set for 3-5 years out. |
|
|
Term
|
Definition
| people rely on what is said to figure out what is meant. |
|
|
Term
|
Definition
| strategies/goals set for 1-3 years out |
|
|
Term
|
Definition
| a specific description of practical steps taken to achieve business goals. |
|
|
Term
|
Definition
| member of the board who is not employed by the a corp. or does not have operational duties. |
|
|
Term
|
Definition
| strategies/goals set for less than a year out. |
|
|
Term
|
Definition
| the number of employees that one manager can directly supervise. |
|
|
Term
|
Definition
| don’t make operating decisions, but do advise line managers. |
|
|
Term
|
Definition
| a way of setting the direction for an org. and developing strategies, tactics, and operational plans that ensure its success. |
|
|
Term
|
Definition
| a plan for generating revenue that describes how a business will use its strengths to obtain a competitive advantage in the marketplace. |
|
|
Term
|
Definition
| any negative result of an employment action. |
|
|
Term
|
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
|
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
|
Definition
| when the Supreme court agrees to review a case so that all lower courts know how to interpret the law. |
|
|
Term
|
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
|
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
|
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
|
Definition
| An interviewer compares candidates to each other or compares all candidates to another who may be either very weak or very strong. |
|
|
Term
|
Definition
| established when a test predicts or correlates an expected trait or work behavior. |
|
|
Term
|
Definition
| occurs when candidates answer interview questions based on what they think the interviewer wants to hear. |
|
|
Term
|
Definition
| In a global staffing strategy, expatriates fill all key management positions. |
|
|
Term
|
Definition
| presidential proclamations that become law 30 days after being published in the Federal Register. |
|
|
Term
|
Definition
| originate from the corporate home country and work in another country. |
|
|
Term
|
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
|
Definition
| a global staffing strategy that places the best qualified person in a position regardless of the country of origin. |
|
|
Term
|
Definition
| when an interviewer relies on intuition to decided if a candidate will be a good or bad fit for a position. |
|
|
Term
|
Definition
| when an interviewer bases a positive assessment on a single characteristic, allowing it to overshadow other negative characteristics. |
|
|
Term
|
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
|
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
|
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
|
Definition
| the process that allows employees to express interest in positions before they become available. |
|
|
Term
|
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
|
Definition
| when an interviewer tends to go easy on a candidate and give a higher score than is warranted. |
|
|
Term
|
Definition
| The ADA defines this as a general activity or a major bodily function. |
|
|
Term
|
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
|
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
|
Definition
| when an interviewer is influenced by body language or lack thereof. |
|
|
Term
|
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
|
Definition
| originates from the org’s home country; also called expatriates. |
|
|
Term
|
Definition
| allows an org. to refer individuals they want to hire to an agency. |
|
|
Term
|
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
|
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
|
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
|
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
|
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
|
Definition
| ADA requirements to adjust facilities to accommodate qualified persons with disabilities. |
|
|
Term
|
Definition
| occurs when an interviewer recalls the most recently interviewed candidate more clearly than earlier candidates. |
|
|
Term
|
Definition
| global staffing strategy that fills position within a trade region (the EU, for example) with nationals from countries within that region. |
|
|
Term
|
Definition
| measures whether a test or other measurement produces consistent results over time. |
|
|
Term
|
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
|
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
|
Definition
| A collection of info about an org’s workforce (qualifications and skills info). |
|
|
Term
|
Definition
| the gathering of names and contact info for potential candidates in the active and passive labor market. |
|
|
Term
|
Definition
| determines the numbers and types of jobs needed to achieve business goals successfully. It is the cornerstone of the workforce planning process. |
|
|
Term
|
Definition
| when an interviewer assumes a candidate has particular traits b/c he/she is a member of a specific group. |
|
|
Term
|
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
|
Definition
| identifies critical positions in an org. and how they will be filled if current incumbents leave. |
|
|
Term
|
Definition
| an employee from any country other than the home or host country. |
|
|
Term
|
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
|
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
|
Definition
| the assessment of whether a test is an accurate measure of the characteristics that it is supposed to measure. |
|
|
Term
|
Definition
| learning experiences focused on the learner, and include such methods as case studies, CBT, and programmed instruction. |
|
|
Term
|
Definition
| an acronym that describes five elements of the instructional design process: analysis, design, development, implementation, and evaluation. |
|
|
Term
|
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
|
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
|
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
|
Definition
| a quality management tool developed by Dr. Ishikawa that organizes info for use in brainstorming sessions. |
|
|
Term
|
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
|
Definition
| Kurt Lewin’s theory describes three stages for change: unfreeze, move, and refreeze. |
|
|
Term
|
Definition
| the simplest quality management tool, often used to gather data and count items. |
|
|
Term
|
Definition
| an informal group of people willing to share their experiences and expertise with co-workers. |
|
|
Term
|
Definition
| combines lecture or presentations with question and answer sessions involving participants. |
|
|
Term
|
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
|
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
|
Definition
| protects new, original and ornamental designs of manufactured items. Limited to 14 years. |
|
|
Term
|
Definition
| Allows simultaneous training to occur throughout geographically dispersed, multiple locations. |
|
|
Term
|
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
|
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
|
Definition
| a narrative method of performance appraisal conducted by someone other than the supervisor. |
|
|
Term
|
Definition
| a performance review cycle that evaluates all employees during the same period of time during the review period. |
|
|
Term
|
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
|
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
|
Definition
| a talent management tool used with valued employees that identifies development opportunities of interest to the employee. |
|
|
Term
|
Definition
| the use of multiple raters to reduce the possibility of rating errors due to bias. |
|
|
Term
|
Definition
| a method for designing jobs that adds addt’l tasks to those included in a JD. |
|
|
Term
|
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
|
Definition
| retain info best when they are able to have hands-on learning experience during training. |
|
|
Term
|
Definition
| the process of capturing, retaining, and distributing organizational knowledge. |
|
|
Term
|
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
|
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
|
Definition
| innovative environments in which knowledge is freely shared in response to environmental changes that affect the ability of the org. to compete. |
|
|
Term
|
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
|
Definition
| a program that seeks to upgrade a manager’s overall managerial skills. |
|
|
Term
|
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
|
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
|
Definition
| an action strategy to improve the way an org. utilizes technology, processes, structure, and Human resources to achieve results. |
|
|
Term
|
Definition
| a systematic method used to examine an org’s technology, processes, structure, and HR. |
|
|
Term
|
Definition
| Training that focuses on preparing for future needs. Can be a department, division, or the whole org. |
|
|
Term
|
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
|
Definition
| require learners to listen to and absorb info. Instructor focused and require little or no active participation from the learner. |
|
|
Term
|
Definition
| exclusive rights granted to inventors that provide the benefits of an invention for a defined period of time. |
|
|
Term
|
Definition
| also called an evaluation or review, the process of reviewing how well employees performed their job duties during a given time period. |
|
|
Term
|
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
|
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
|
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
|
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
|
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
|
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
|
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
|
Definition
| One of Juran’s three phases of the quality process, it ensures conformance to parameters established during quality planning. |
|
|
Term
|
Definition
| another of Juran’s three phases; used to continually improve operations and reduce waste. |
|
|
Term
|
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
|
Definition
| a young employee who helps older workers understand technology and the culture of the “younger generation.” |
|
|
Term
|
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
|
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
|
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
|
Definition
| a quality management tool that shows problems in priority order and identifies possible strategies for correcting them. |
|
|
Term
|
Definition
| includes training on topics related to interactions with employees, such as progressive discipline, performance appraisals, workplace safety, interviewing, and training. |
|
|
Term
|
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
|
Definition
| identifies employees whose KSA’s are aligned with what the org needs to achieve its key business initiatives (KBI’s). |
|
|
Term
|
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
|
Definition
| involves training processes performed in a single job category. |
|
|
Term
|
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
|
Definition
| TQM focuses all resources within an org on providing value for customers. |
|
|
Term
|
Definition
| occurs when learning that took place away from the regular work environment is applied to the real job situation. |
|
|
Term
|
Definition
| protect the invention of a machine, a new and useful process, or the manufacture or composition of matter. Limited to 20 years. |
|
|
Term
|
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
|
Definition
| retain knowledge best when they are able to see or read info. |
|
|
Term
|
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
|
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
|
Definition
| preset salary or hourly rate paid to employees for performing their jobs. |
|
|
Term
|
Definition
| jobs commonly found across orgs, regardless of size or industry. |
|
|
Term
|
Definition
| a comp strategy that pays employees addt’l comp to encourage desired behaviors or desired results achieved. |
|
|
Term
|
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
|
Definition
| comp paid to employees when they are called to work before or after their scheduled work time. |
|
|
Term
|
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
|
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
|
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
|
Definition
| substitutes paid time off from work for overtime pay when extra hours are worked. Only available to public employees. |
|
|
Term
|
Definition
| a concept that suggests that jobs requiring similar levels of KSA’s should be paid similarly. Also known as pay equity. |
|
|
Term
|
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
|
Definition
| used to evaluate jobs, are characteristics that define and distinguish different jobs from one another. |
|
|
Term
|
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
|
Definition
| occurs when an employee is absent from work for an extended period of time. |
|
|
Term
|
Definition
| the cost to employers of hiring and retaining employees. |
|
|
Term
|
Definition
| health plans, health-care providers, and clearinghouses identified by HIPAA privacy rules as being responsible for maintaining the confidentiality of patient info. |
|
|
Term
|
Definition
| a deferred compensation plan in which the employer provides a specific benefit upon retirement. The funds are not accounted for individually. |
|
|
Term
|
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
|
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
|
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
|
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
|
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
|
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
|
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
|
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
|
Definition
| an approach to compensation based on rewarding employee longevity. |
|
|
Term
|
Definition
| a method of reporting time worked in which only deviations from the regular work schedule are recorded |
|
|
Term
|
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
|
Definition
| insurance providers sometimes calculate future premiums based on costs incurred by a group during the current coverage period. |
|
|
Term
|
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
|
Definition
| a performance review cycle that evaluates all employees during the same period of time during the review period. |
|
|
Term
|
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
|
Definition
| a form of comp that ensures employee pay is competitive within local labor markets. |
|
|
Term
|
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
|
Definition
| refers to salaries that are below the minimum of the salary range. |
|
|
Term
|
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
|
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
|
Definition
| occurs fully as soon as employees meet the eligibility requirements of the vesting plan. |
|
|
Term
|
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
|
Definition
| any indirect compensation paid on behalf of employees. |
|
|
Term
|
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
|
Definition
| also known as variable compensation, it rewards employees for individual and org. results. |
|
|
Term
|
Definition
| can be offered only to employees; consultants and outside members of the board of directors are not eligible. |
|
|
Term
|
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
|
Definition
| the FLSA coverage category requiring companies whose employees’ daily work involves interstate commerce to comply with its requirements. |
|
|
Term
|
Definition
| occurs when an employees is absent from work for multiple periods of time due to a single illness or injury. |
|
|
Term
|
Definition
| the equitable ranking of one job relative to others within the org. |
|
|
Term
|
Definition
| a form of noncompensatory reward that encourages individual employees self-esteem, such as satisfaction from challenging work. |
|
|
Term
|
Definition
| identifies the tasks, processes, or functions that make up the responsibilities of a job. |
|
|
Term
|
Definition
| determines the appropriate rate of pay for a new position or one that has changed significantly. |
|
|
Term
|
Definition
| the source from which an org. recruits new employees. |
|
|
Term
|
Definition
| employees who know that their performance, good or bad, impacts their base of variable pay have line of sight. |
|
|
Term
|
Definition
| in addition to employees’ base pay and is earned by employee performance. |
|
|
Term
|
Definition
| the difference between the midpoints of consecutive salary grades; generally narrower for lower grades and wider for higher grades. |
|
|
Term
|
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
|
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
|
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
|
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
|
Definition
| addt’l compensation for work that is considered beyond the minimum requirements of the job |
|
|
Term
|
Definition
| also known as comparable worth, a concept that suggests that jobs requiring similar levels of KSA’s should be paid similarly. |
|
|
Term
|
Definition
| comp based on individual and org. results. (merit increases) |
|
|
Term
|
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
|
Definition
| addt’l benefits provided for Sr. management and execs. Often called “perks.” |
|
|
Term
|
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
|
Definition
| in deferred comp, the plan admin. is the person designated by the plan sponsor to manage the plan. |
|
|
Term
|
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
|
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
|
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
|
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
|
Definition
| Meets ERISA requirements and provides tax advantages for both employers and employees. |
|
|
Term
|
Definition
| a nonqualified deferred comp plan designed to provide retirement income for officers, directors, and highly compensated employees. |
|
|
Term
|
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
|
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
|
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
|
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
|
Definition
| a study of compensation and benefits that is collected by gov’t agencies or private firms to assess current market trends. |
|
|
Term
|
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
|
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
|
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
|
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
|
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
|
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
|
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
|
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
|
Definition
| the evening shift from 6 pm to 2 am |
|
|
Term
|
Definition
| a hybrid pension plan with similarities to both a defined benefit plan and a money purchase plan. |
|
|
Term
|
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
|
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
|
Definition
| used to determine the best way to use available resources in attracting, motivating, and retaining employees. |
|
|
Term
|
Definition
| incentive pay; it rewards employees for individual and org. results. |
|
|
Term
|
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
|
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
|
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
|
Definition
| a person selected to hear a single case between two parties in conflict. |
|
|
Term
|
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
|
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
|
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
|
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
|
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
|
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
|
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
|
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
|
Definition
| developed over centuries as a result of legal decisions made by judges in individual cases. |
|
|
Term
|
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
|
Definition
| mandated by legal statute to resolve disputes in the public sector where labor strikes are prohibited. |
|
|
Term
|
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
|
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
|
Definition
| an action performed to advise consumers that goods have been produced by a business whose workers are on strike. |
|
|
Term
|
Definition
| also known as multi-unit bargaining, this occurs when an employer negotiates with several unions representing different bargaining units in a company. |
|
|
Term
|
Definition
| the process employees use to remove a union security clause from the CBA. |
|
|
Term
|
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
|
Definition
| a communication that damages an individual’s reputation in the community, preventing them from obtaining employment or other benefits. |
|
|
Term
|
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
|
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
|
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
|
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
|
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
|
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
|
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
|
Definition
| a verbal or written agreement in which the parties state exactly what they agree to do. |
|
|
Term
|
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
|
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
|
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
|
Definition
| a court order that either requires or forbids an action by one party against another. |
|
|
Term
|
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
|
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
|
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
|
Definition
| takes place when either party may reject an arbitrator’s decision and continue the dispute by filing a lawsuit. |
|
|
Term
|
Definition
| an impartial person not involved in a dispute who can speak with the parties and suggest alternative solutions. |
|
|
Term
|
Definition
| the org. culture, behaviors, leadership, management style, and level of bureaucracy within an org. create the org. climate. |
|
|
Term
|
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
|
Definition
| occurs when the union wants to attract employees to become members and authorize the union to represent them to the employer. |
|
|
Term
|
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
|
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
|
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
|
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
|
Definition
| distributive or hard bargaining; for one side to gain something, the other side must lose something. |
|
|
Term
|
Definition
| a negotiating strategy where two parties are more interested in solving a problem than they are in winning a position. |
|
|
Term
|
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
|
Definition
| asking for favors in return for a favorable employment action. Generally involves a supervisor and a subordinate employee. |
|
|
Term
|
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
|
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
|
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
|
Definition
| an unlawful strike in which employees stop working and stay at the worksite. |
|
|
Term
|
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
|
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
|
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
|
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
|
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
|
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
|
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
|
Definition
| occurs in violation of a contract clause prohibiting strikes during the term of the contract. |
|
|
Term
|
Definition
| describe what employees may or may not do to comply with a company policy. |
|
|
Term
|
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
|
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
|
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
|
Definition
| a type of environmental health hazard that can cause illness or injury. |
|
|
Term
|
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
|
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
|
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
|
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
|
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
|
Definition
| a common law doctrine that absolves employers of responsibility for worker injuries if a co-worker’s actions caused the injury. |
|
|
Term
|
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
|
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
|
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
|
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
|
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
|
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
|
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
|
Definition
| can cause physical such as excessive noise, extreme temps, chemical explosions, or poor ergonomic design. |
|
|
Term
|
Definition
| done prior to employment to assess a candidate’s ability to perform a job successfully. |
|
|
Term
|
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
|
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
|
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
|
Definition
| used for monitoring the rehabilitation of employees. Not useful in other instances. |
|
|
Term
|
Definition
| of the SOX act requires orgs. to review and test their internal controls, including HR activities that result in financial transactions. |
|
|
Term
|
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
|
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
|
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
|
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
|
Definition
| 1890; controlled business monopolies. Allowed court injunctions to prevent restraint of trade. |
|
|
Term
|
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
|
Definition
| 1926; Protected unionization rights. Allowed for a 90 day cooling-off period to prevent strikes in national emergencies. Covers railroads and unions. |
|
|
Term
|
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
|
Definition
| 1947; Clarified definition of “hours worked” for the FLSA. |
|
|
Term
|
Definition
| 1952; Established US Patent and Trademark Office. |
|
|
Term
|
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
|
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
|
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
|
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
|
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
|
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
|
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
|
Definition
| 1973; Expanded opps. For those with physical or mental disabilities and provided remedies for victims of discrimination. |
|
|
Term
|
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
|
Definition
| 1975; USSC: required that employment tests be validated; subjective supervisor rankings are not sufficient validation; criteria must be tied to job reqs. |
|
|
Term
|
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
|
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
|
Definition
| 1978; Created the Office of Personnel Management and Federal Labor Relations Authority. |
|
|
Term
|
Definition
| 1978; Established section 125 plans and 401k plans for employees. |
|
|
Term
|
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
|
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
|
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
|
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
|
Definition
| Required prevailing wage for holders of H1B visas; set H1B quotas. |
|
|
Term
|
Definition
| Allowed compensatory and punitive damages; provided for jury trials; established defenses to disparate impact claims. |
|
|
Term
|
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
|
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
|
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
|
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
|
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
|
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
|
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
|
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
|
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
|
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
|
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
|
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
|
Definition
| also known as discretionary contributions, they allow employers to contribute deferred comp based on a percentage of company earnings each year. |
|
|
Term
|
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
|
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 |
|
|
