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Business Law 2 - Test 3
Goldey-Beacom Business Law 2 - Test 3
Terms in this set (159)
Compensation paid to workers and their families when workers are injured in connection with their jobs.
Occupational Safety and Health Act (OSHA)
A federal act enacted in 1970 that promotes safety in the workplace.
Specific duty standard
An OSHA standard that addresses a safety problem of a specific duty nature (e.g., requirement for a safety guard on a particular type of equipment).
General duty clause
A OSHA duty that an employer has to provide a work environment free from recognized hazards that are causing or are likely to cause death or serious physical harm to employees.
Fair Labor Standards Act (FLSA)
A federal act enacted in 1938 to protect workers. It prohibits child labor and spells out minimum wage and overtime pay requirements.
Family and Medical Leave Act (FMLA)
A federal act that guarantees workers up to 12 weeks of unpaid leave in a 12-month period to attend to family and medical emergencies and other specified situations.
Consolidated Omnibus Budget Reconciliation Act (COBRA)
A federal law that permits employees and their beneficiaries to continue their group health insurance after an employee's employment has ended.
Employee Retirement Income Security Act (ERISA)
A federal act designed to prevent fraud and other abuses associated with private pension funds.
National Labor Relations Board (NLRB)
A federal administrative agency that oversees union elections. prevents employers and unions from engaging in illegal and unfair labor practices, and enforces and interprets certain federal labor laws.
Section 7 (of the NLRA)
A law that gives employees the right to join together to form a union.
A rule that permits employees and union officials to engage in union solicitation on company property if the employees are beyond reach of reasonable union efforts to communicate with them.
Section 8(a) (of the NLRA)
A law that makes it an unfair labor practice for an employer to interfere with, coerce, or restrain employees from exercising their statutory right to form and join unions.
the act of negotiating contract terms between an employer and the members of a union.
Collective bargaining agreement
The contract that results from a collective bargaining procedure.
A workplace where an employee must join the union within a certain number of days after being hired.
A workplace where an employee does not have to join the union but must pay an agency fee to the union.
A cessation of work by union members in order to obtain economic benefits or correct an unfair labor practice.
A mandatory 60 days' notice before a strike can commence.
An act of an employer to prevent employees from entering the work premises when the employer reasonably anticipates a strike.
The action of strikers walking in front of an employer's premises, carrying signs announcing their strike.
Secondary boycott picketing
A type of picketing in which a union tries to bring pressure against an employer by picketing the employer's suppliers or customers. Note: this is illegal if it is directed against neutral employers instead of the struck employer's product.
Title I of the Landrum-Griffin Act (Labor management reporting and disclosure act)
Labor's " bill of rights" that gives each union member equal rights and privileges to nominate candidates for union office, vote in elections, and participate in membership meetings.
This is paid to workers who are temporarily unemployed.
A federal system that provides limited retirement and death benefits to covered employees and their dependents.
Equal opportunity in employment
The right of all employees and job applicants (1) to be treated without discrimination and (2) to be able to sue employers if they are discriminated against.
Equal Employment Opportunity Commission (EEOC)
The federal administrative agency that is responsible for enforcing most federal anti discrimination laws.
Right to sue letter
A letter that is issued by EEOC if it chooses not to bring an action against an employer that authorizes a complainant to sue the employer for employment discrimination.
Lilly Ledbetter Fair Play Act of 2009
A federal statute that permits a complainant to file an employment discrimination claim against an employer within 108 days of the most recent paycheck violation and to recover back pay for up to two years preceding the filing of the claim if similar violations had occurred during the two-year period.
Title 7 of the Civil Rights Act of 1964
a title of a federal statute enacted to eliminate job discrimination based on five protected classes: race, color, religion, sex, and national origin.
A form of discrimination that occurs when an employer discriminates against a specific individual because of his or her race, color, national origin, sex, or religion.
A form of discrimination that occurs when an employer discriminates against an entire protected class. an example would be discrimination in which a racially neutral employment practice or rule causes an adverse impact on a protected class.
Employment discrimination against a person because of his or her race, which include African Americans, Asians, Caucasians, Native Americans, and Pacific Islanders.
Employment discrimination against a person because of his or her color; for example, where a light skined person of a race discriminates against dark skined person of the same race.
National Origin discrimination
Employment discrimination against a person because of his or her heritage, culture characteristics, or country of the person's ancestors.
Civil Rights Act of 1866
A federal statute enacted after the Civil War that says all persons "have the same right... to make and enforce contracts... as is enjoyed by white persons." It prohibits racial and national origin employment discrimination.
Discrimination against a person because of his or her gender; also known as sex discrimination.
Pregnancy Discrimination Act
A federal statute that forbids employment discrimination because of pregnancy, childbirth, or related medical condition.
Lewd remarks, touching, intimidation, posting or indecent materials, and other verbal or physical conduct of a sexual nature that occurs on the job.
Discrimination against a person solely because of his or her religion or religious practices.
Reasonable accommodation for religion
Under Title 7, an employer is under a duty to reasonably accommodate the religious observances, practices, or beliefs of its employees if doing so does not cause an undue hardship on the employer.
Bona fide occupational qualification (BFOQ)
a true job qualification. Employment discrimination based on a protected class (other than race or color) is lawful if it is job related and a business necessity. This exception is narrowly interpreted by the courts.
Equal Pay Act
A federal statute that protects both sexes from pay discrimination based on sex. It extends to jobs that require equal skill, equal effort, equal responsibility, and similar working conditions.
Age Discrimination in Employment Act (ADEA) of 1967
A federal statute that prohibits age discrimination practices against employees who are 40 and older.
Older Workers Benefit Protection Act (OWBPA)
A federal statute that prohibits age discrimination regarding employee benefits.
Americans with Disabilities Act (ADA)
A federal statute that imposes obligations on employers and providers of public transportation, telecommunications, and public accommodations to accommodate individuals with disabilities.
Title I (of the ADA)
A title of a federal statue that prohibits employment discrimination against qualified individuals with disabilities in regard to job application procedures, hiring compensation, training, promotion, and termination.
Americans with disabilities Act Amendments Act of 2008
A federal act that amends the ADA by expanding the definition of disability, requiring that the definition of disability be broadly construed, and requiring common-sense assessments in applying certain provisions of the ADA
A physical or mental impairment that substantially limits a major life activity.
Qualified individual with a disability
a person who has a physical or mental impairment that substantially limits a major life activity who, with or without reasonable accommodation, can perform the essential functions of the job that person desires or holds.
Reasonable accommodation for a disability
Under Title I of the ADA, an employer is under a duty to reasonably accommodate an individual's disability if doing so does not cause an under hardship on the employer.
Information from witch it is possible to determine a person's propensity to be stricken by many diseases.
Genetic Information Nondiscrimination Act (GINA)
Title 2 of this act makes it illegal for an employer to discriminate against job applicants and employees based on genetic information.
A policy that provides that certain jobs preferences will be given to minority or other protected-class applicants when an employer makes an employment decision.
Discrimination against a group that is usually thought of as a majority.
Consumer protection laws
Federal and state statutes and regulations that promote product safety and prohibit abusive, unfair, and deceptive business practices.
Food, Drug, and Cosmetic Act (FDCA)
A federal statute that provides the basis for the regulation of much of the testing, manufacture, distribution, and sale of foods, drugs, cosmetics, and medicinal products.
Food and Drug Administration (FDA)
The federal administrative agency that administers and enforces the federal Food, Drug, and Cosmetic Act and other federal consumer protection laws.
Nutrition Labeling and Education Act
A federal statute that requires food manufacturers to place on food labels that disclose nutritional information about the food.
Consumer Product Safety Act (CPSA)
A federal statute that regulates potentially dangerous consumer products and that creates the Consumer Product Safety Commission.
Consumer Product Safety Commission (CPSC)
A federal administrative agency empowered to adopt rules and regulations to interpret and enforce the Consumer Product Safety Act.
Federal Trade Commission (FTC)
A federal administrative agency empowered to enforce the Federal Trade commission Act and other federal consumer protection statutes.
Section 5 (of the FTC Act)
A provision in the FTC Act that prohibits unfair and deceptive practices.
Dodd-Frank Wall Street Reform and Consumer Protection Act
A federal statute that regulates the financial industry and provides protection to consumers regarding financial products and services.
Environmental Protection Agency (EPA)
A federal administrative agency created by Congress to coordinate the implementation and enforcement of the federal environmental protection laws.
National Environmental Policy Act (NEPA)
A federal statute that mandates that the federal government consider the adverse impact a federal government action would have on the environment before the action is implemented.
Environmental impact statement (EIS)
A document that must be prepared for any proposed legislation or major federal action that significantly affects the quality of the human environment.
Pollution caused by factories, homes, vehicles, and the like that affects the air.
Clean Air Act
A federal statute that provides comprehensive regulation of air quality in the United States.
National ambient air quality standards (NAAQS)
Standards for certain pollutants set by the EPA that protect (1) human beings (primary level) and (2) vegetation, climate, visibility, and economic values (secondary level).
A geographical area that does not meet established air quality standards.
Pollution of lakes, rivers, oceans, and other bodies of water.
Clean Water Act
A federal statute that establishes water quality standards and regulates water pollution.
Heated water or material discharged into waterways that upsets the ecological balance and decreases the oxygen content.
Areas that are inundated or saturated by surface water or ground water that support vegetation typically adapted for life in such conditions.
Safe Drinking Water Act
A federal statute that authorizes the EPA to establish national primary drinking water standards.
Marine Protection, Research, and Sanctuaries Act
A federal statute that extends limited environmental protection to the oceans.
Oil Pollution Act
A federal statute that requires the oil industry to take measures to prevent oil spills and to readily respond to and clean up oil spills.
Chemicals used by agriculture, industry, business, mining, and households that cause injury to humans, birds, animals, fish, and vegetation.
Waste that may cause or significantly contribute to an increase in mortality or serious illness or pose a hazard to human health or the environment if improperly managed.
Toxic Substances Control Act
A federal statute that authorizes the EPA to regulate toxic substances.
Insecticide, Fungicide, and Rodenticide Act
A federal statute that requires pesticides, herbicides, fungicides, and rodenticides to be registered with the EPA; the EPA may deny, suspend, or cancel registration.
Pollution of the land that is generally cause by hazardous waste being disposed of in an improper manner.
Resource Conservation and Recovery Act (RCRA)
A federal statute that authorizes the EPA to regulate facilities that generate, treat, store, transport, and dispose of hazardous wastes.
Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund)
A federal statute that authorizes the federal government to deal with hazardous wastes. The act creates a monetary fund to fiance the cleanup of hazardous waste sites.
Emissions from radioactive wastes that can cause injury and death to humans and other life and can cause severe damage to the environment.
Nuclear Regulatory Commission (NRC)
A federal agency that licenses the construction and opening of commercial nuclear power plants.
The manufacture, distribution, or sale of adulterated food, drugs, or cosmetics and false and misleading labeling (mandating the affirmative disclosure of information on food labels). (Also, the FDA can remove unsubstantiated claims from cosmetics.)
What does the Food, Drug, and Cosmetic Act prohibit?
What is the modern trend in business?
(1) adopt rules regulations to interpret and enforce the CPSA, (2) conduct research on the safety of consumer products, and (3) collect data regarding injuries caused by consumer products.
The Consumer Product Safety Commission (CPSC) is an independent federal administrative agency empowered to do what?
Product safety standards
Because the CPSC regulates potentially dangerous consumer products, what does it issues for products that pose unreasonable risk of injury?
(1) It contains misinformation or omits important information that is likely to mislead a "reasonable consumer or (2) makes an unsubstantiated claim. (this product is 33% better than our competitor's.)
Under Section 5 of the FTC Act, advertising is false and deceptive if it meets these requirements.
False and deceptive advertising
Kentucky Fried Chicken's television commercial in which it claimed that its "fried chicken can, in fact, be part of a healthy diet." Is an example of what?
Bait and switch
This type of deceptive advertising under Section 5 of the FTC Act occurs when a seller advertises the availability of a low-cost discounted item to attract customers to its store. Once there, the customer is not shown the advertised merchandise and instead pressured to purchase a more expensive item.
Cooling off period
In door to door sales, the customer has 3 days to cancel the contract. This is called what?
The Federal Communications Commission (FCC) and the FTC created this registry for consumers to free them from most unsolicited commercial telephone calls.
This is a general rule that means "let the buyer beware."
(1) right to safety, (2) right to know, (3) right to truth, (4 right to prices?)
What are some consumer rights?
FDA, CPSC, FTC, USDA
What are the 4 agencies we need to know?
Can inspect and shut-sown businesses that don't meet requirements.
Part of the Consumer Credit Protection Act (CCPA), this act requires creditors to make certain disclosures to debtors in consumer transactions (retail installments sales, automobile loans) and real estate loans on the debtor's principal dwelling.
Creditors that regularly (1) extend credit for goods or services to consumers or (2) arrange such credit in the ordinary course of their business.
The Truth-in-Lending Act only covers what king of creditors?
Fair Credit Billing Act
This act requires that creditors promptly acknowledge in writing consumer billing complaints and investigate billing errors. The act prohibits creditors from taking actions that adversely affect the consumer's credit standing until the investigation is completed.
Fair Credit Reporting Act
This is title 6 of the TILA. This act protects a consumer who is the subject of a credit report by setting out guidelines for consumer reporting agencies (the credit bureaus that compiles and sell credit reports for a fee).
(1) The nature and substance of all the information in his or her credit file, (2) the sources of this information, and (3) the names of recipients of his or her credit report.
A consumer may request the following information at any time under the Fair Credit Billing Act:
Fair credit and charge card disclosure act
This act requires disclosure of credit terms on credit card and charge card solicitations and applications. The regulations adopted under the act require that any direct written solicitation to a consumer display the APR, membership fees, finance charges, transaction charges, and a statement that charges are due when the periodic statement is received by the debtor.
The Credit CARD Act (The credit card accountability responsibility and disclosure act of 2009)
This act requires disclosures to consumers, adds transparency to the creditor-debtor relationship, and eliminates many of the abusive practices of credit card issuers.
Dodd-Frank Wall Street Reform and Consumer Protection Act
A financial reform law that had the goal of regulating consumer credit and mortgage lending.
Consumer Financial Protection Act of 2010
This act (Title 10 of the Dodd-Frank Wall Street Reform and Consumer Protection Act) is designed to to require greater and clearer disclosure of credit terms and risks to consumers as will as regulate lenders.
Mortgage Reform and Anti-Predator Lending Act
This act (Title XIVof the Dodd-Frank Wall Street Reform and Consumer Protection Act) is designed to eliminate many abusive loan practices and mandate new duties and disclosure requirements on mortgage lenders.
Consumer Financial Protection Act of 2010
This act created the Bureau of Consumer Financial Protection (Bureau)
Environmental Impact statement (EIS)
The federal government would have to prepare this for the proposed construction of highways, bridges, waterways, nuclear power plants, and such.
(1) describe the affected environment, (2) describe the impact of the proposed federal action on the environment, (3) identify and discuss alternatives to the proposed action, (4) list the resources that will be committed to the action, and (5) contain a cost-benefit analysis of the proposed action and alternative actions.
Environmental Impact statement must do what 5 things?
Point sources of water pollution
Mines, manufacturing plants, paper mills and other industrial centers are examples of this.
The Clean Water act
This act forbids the filling or dredging of navigable waters and qualified wetlands unless a permit has been obtained from the army Corps of Engineers.
Safe Drinking Water Act
This act prohibits the dumping of wastes into wells used for drinking water.
Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund)
This act makes the companies and owners of the land that produce hazardous waste clean-up their waste.
Endangered Species Act
A federal statute that protects endangered and threatened species of wildlife.
The Environmental Protection Agency (EPA) (Through the Endangered Species Act)
This agency has the power to deal with endangered species.
One cannot receive workers' compensation and sue their employers in court for damages. This is called what?
Occupational Safety and health Administration
A federal administrative agency within the Department of Labor that is empowered to enforce the Occupational Safety and Health Act.
Specific duty standards
Setting maximum exposure levels for hazardous chemicals and regulating the location of machinery in the workplace are examples of this.
Fair labor standards act
First national minimum wage law which included child labor law.
What kind of law is workers' compensation?
Before this workers could only sue for negligence.
(1) Contributory negligence - employee is also at fault, (2) Fellow - servant rule - another employee is at fault, (3) Assumption of risk - signing a contract to agree to the risk.
What are the defenses of an employer if an employee is injured on the job? (3 things)
the employer has strict liability
What is the current rule regarding work place liability?
executive, administrative, professional, highly compensated, and certain computer related positions are not subject to minimum wage or overtime pay requirements. They are referred to as what?
Family and medical leave act
birth of and care for a child, the placement of a child with an employee for adoption or foster care, a serious heath condition that makes the employee unable to perform his or her duties, and care for a spouse, child or parent with a serious health problem. These are covered under what act?
National Labor relations act (NLRA)
The first comprehensive act which allowed: (1) The labor had to cooperate with unions, (2) Made some practices by the management "unfair labor practices," (3) Created the NLRB.
Provides retirement benefits at age 65.
National Labor Relations Act (NLRA)
This act (also known as the wagner act) was enacted in 1935. It established the right of employees to form and join labor organizations, to bargain collectively with employers, and to engage in concerted activity to promote these rights.
Note: if 51% of the employees vote for unionization, then the union is certified. It also bargains for all employees.
Collective bargaining for wages hours, and other terms and conditions of employment is called what?
discrimination and theses shops are Illegal subjects for collective bargaining.
Violent strikes, sit-down strikes, partial or intermittent strikes, and wildcat strikes are examples of this.
members of a union who choose not to strike or return to work after joining the strike for at time are referred to as these.
Immigration Reform and Control Act of 1986 and the Immigration Act of 1990
Employers are required to inspect documents of prospective employees and determine that they are either U.S. citizens or otherwise qualified to work in the the country. Which acts require this?
Note: Unemployment compensation:
Generally six months,
can't quit the job,
can't be fired with cause,
must be layed off,
also can't turn down employment elsewhere
An employee must file a document with the EEOC to provide them with the opportunity to sue the employer on the employee's behalf. What is the document called?
Labor management relations act of 1947 (taft-hurtley act)
This act limited the unfair actions by unions. "Unfair labor practices"
(1) management can't interfere if the workers try to organize (ex. fire employees), (2) Trying to dominate or assist certain unions (ex. favoring one union to the benefit of management), (3) Discriminating against employees because of their union activities, (4) "yellow-dog contracts" (A contract that says the employee can't join a union), (5) firing or laying off employees, and (6) refusing to talk to unions.
List some Unfair labor practices that management can engage in: (6 points)
(1) forcing workers to join, (2) Discrimination against non-union employees, (3) closed shop agreements (made illegal by federal law) (cannot receive a job unless you join a union)
List some Unfair labor practices that unions can engage in: (3 points)
Forcing employers to hire more people than necessary. It's an unfair labor practice.
De Jure discrimination
This kind of discrimination occurred before laws were enacted.
There is a person of protect class who is fully qualified and doesn't receive the job. This could be an example of what?
(1) segregation, (2) less pay, (3) hostile work environment
What constitutes discrimination? (3 points)
Bona fide occupational qualification (BFOQ)
What is an acceptable defense against a claim of discrimination?
Quotas (through affirmative action)
What is sometimes needed to balance out past injustices?
these can sometimes have a discriminatory impact.
(1) quantity and quality of work, (2) seniority (in good faith), (3) salaries are different for different shifts (night vs. day), (4) merit
What are the exceptions to the equal pay act? (4 points)
If a person who is retired because he is old is replaced with a younger person, what might this be?
Remedy for violations of title 7
A successful plaintiff in an action against discriminating employer can recover back pay, compensatory, and punitive damages. (also reinstatement, fictional seniority, and injunctions.)
Quid pro quo sex discrimination
A form of sex discrimination where sexual favors are requested in order to obtain a job or be promoted.
Hostile work environment
Sexual harassment that creates this kind of environment violates Title 7.
hostile work environment
Same-sex harassment that creates this kind of work environment violates Title 7.
An employer is not required to make any accommodations that would cause this (in the case of accommodating an employee's religious beliefs).
(1) Merit, (2) seniority (in good faith), (3) Bona fide occupational qualification (BFOQ)
What are defenses to title 7 discrimination?
To be lawful, an affirmative action plan must be this to achieve some compelling interest.
Federal antidiscrimination laws prohibit employers from engaging in this action against the employee for filing a charge of discrimination or participating in a discrimination proceeding.
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