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LEG AND SOC FINAL
Terms in this set (147)
Someone who works for a corporation, is paid by the business, sells their labor, gets a W2, gets benefits
Why is it necessary to determine if someone is an employee?
Liability reasons- if you are an employee, then the employer is responsible for your actions
What is the test for an employee called?
Respondeat Superior Test (what 4 things are necessary)
Need all 4
EE is subject to ER supervision
EE is motivated to help the business
The problem happened during work hours
The problem was an act the EE was hired to do
Which is more important, the action or the explanation?
Types of EE Negligence on the part of the employer
Negligent supervision and training
T/F: ER has a duty to society to not be negligent
What are some protections for EE?
Fair Labor Standards Act
What 4 things does the FLSA require?
Min wage for a modest standard of living
Flexible ceiling of hours (usually 40) and overtime is paid if more worked
Child labor protections
Equal pay for equal work
T/F: The flexible ceiling of hours applies to salary workers
Can you be employed if you are under 14?
Unless it's agriculture or a family business
When can you work if you are aged 14-16?
Outside of school hours
What can you work if you are 16-18?
Non hazardous jobs
What are some exceptions to equal pay for equal work?
Drug testing is _ at any time if it is fair
Fair reasons for drug testing
Treatment for EEs who have substance abuse issues/mental health issues
EE Assistance Program
What happens to most people who test positive on a drug test?
Are drug tests 100% reliable? What type is most precise?
Can ERs monitor your behavior?
What kinds of questions can ERs not ask on personality tests?
Driving record (unless job requires)
Plans to have a family
Can they ask about qualifications?
2 types of sexual harrassment
Quid Pro Quo
Hostile Work Environment
What is Quid Pro Quo?
Something for something
"I'll give you a promotion if you sleep w me"
What is hostile work environment?
Improper behavior that permeates
Either type of sexual harassment must be _
QPQ must be done by a _
Do you have to be a certain gender to be sexually harassed?
Everyone is protected
What country is best at addressing sexual harassment?
In some cultures it's expected esp. for women
Forbids discrimination in contracts by the gov, employment, workplace
Civil Rights Act
Exemptions to Civil Rights Act
What agency enforces the Civil Rights Act?
You must file complaints with the _
The EEOC keeps track of businesses that...
Come up often in complaints
What does it mean to exhaust your administrative remedies?
The EEOC is so busy that they will only give you a letter to go to court once you've done all you can
Pattern and practice
If the EEOC finds this, they take the case
If not, you get a right to sue letter
The EEOC also enforces the _ Act
The Equal Pay Act outlaws discrimination in _ and _
Exceptions to the equal pay act
What are the 2 types of employment discrimination
Intentional discrimination when making a hiring/promotion decision
If the EEOC agrees with you, then it is the ER's job to prove it was non-discriminatory, not yours
If they can, then it's your burden again
Necessities for disparate treatment
You applied, were qualified, and were denied
Necessities for disparate impact
The specific policy
Remedies for employment discrimination
Court costs and attorney fees paid
Idea was the right our forefather's wrongs by giving POC jobs they were qualified for but not considered for previously
AA can be _ if there is a pattern and practice
AA can be based on _ or _
AA is aka _ or _
The gov can also require you show an AA _ in order to do business w them
The ADA requires reasonable _ on things like public transportation, communication, hotels, and public services
Physical or mental impairment which substantially impacts major life activities
Union membership has _ to about 20% recently
American Federation of Labor (first modern)
Knights of Labor (first ever)
The first unions negotiated _ , _ , and _ just like modern day unions
Wages, hours, benefits
Are strikes legal?
Exceptions to the first amendment right to strike
No damage or injury
2 Types of Picketing
Directly picketing your ER
Picketing suppliers, subsidiaries, etc
Grandparent of all consumer protection laws
Pure Food and Drug Act
The _ was developed as an agency to enforce the PFDA
The FTC came about bc of _
Who was Ralph Nader?
Big advocate for protections
Presidential candidate in the 1960s-70s
Ralph Nader helped bring about _ packets and _ to hold companies accountable
The _ lowers the risk associated with consumer products
Consumer Product Safety Commission
The CPSC collects _ to see if certain products are inherently dangerous and then make sure it is no longer _
The FTC also deals with unfair _ and _ ads
The Fair CR Reporting Act makes sure each person is entitled to a _ each year and you can _ if someone is wrong
Fair Debt Collection Practices Act forbids these things that those in the business of collecting debt
Can't call at inconvenient hours
Can't call repeatedly
Can't use obscene language
Can't make threats
Can only contact 3rd parties to try to find your location only
The Truth in Lending Act requires what things on the contract?
Truth in Lending Act requires what things for a CR card?
Minimum payment and number of months to pay off
If someone steals your CR card or check, the CR Card Protection Acts says you are only responsible for the first _
Discharging or reorganizing your debt
Ch. 7 Bankruptcy
Get rid of all debt, most assets, and start over
Ch. 11 Bankruptcy
Reorganization for corporations
A court approved time out
Ch. 13 Bankruptcy
Same thing as Ch. 11 but for individuals
How long does bankruptcy stay on your CR report?
Contingent/independent contractors don't get _
Advantages of hiring contingent workers
Not required to comply w standards
Not liable for discrimination
No tax obligations
Legal problems w hiring
Inappropriate interview questions
Restrictive covenants and intrustion
Artribration to settle arguments
References and defamation
A criminal charge can only be sued to screen an EE if...
It's relevant to the job
problems w/ CR checks
Discrimination (non whites usually have lower)
What is the problem w using arbitration to settle arguments?
Usually more in favor of corp
Defamation suit requires 4 things
Published to a 3rd party
ER is responsible
Defense to defamation
Qualified privilege- sheild
What can OSHA do to enforce a sage workplace environment?
In general, ERs can lawfully monitor worker's _ , _ , _ , bur uncertainty remains
Use of the internet
OSHA has adopted an EE _ to protect them, eg. the right to know
Hazard communication standard
Must label all chemicals and educate EEs
Businesses must maintain _ listing and summarizing work-related injuries, illnesses, and deaths
The Drug-Free Workplace Act applies to ER who receive aid from the _ and requires them to develop an antidrug policy for EEs
A recent study found that white applicants w/ criminal records were _ likely to be hired than black applicants
_ of the Civil Rights Act is the core of EEO laws in the US
Are US citizens working abroad in US owned companies protected?
What amendment protects from discrimination?
Usually, the EEOC will first refer the charging party and the ER to its free _ program
If mediation does not solve the problem, the EEOC will _
If the EEOC investigates and finds reasonable cause, it will invite the parties to engage in _
If conciliation fails, the EEOC either files a _ or gives a _ letter, which removes them from the issue
Right to sue
Title VII affords what exemptions/defenses to discrimination for ERs?
Bona fide occupational qualification
Reasons for speak English only rules
Necessary when dealing with customers
Encourage congenial worker relations
T/F: EEOC guidelines prohibit ERs from imposing a blanket ban on EEs speaking their primary language in the workplace
But sometimes it can be justified
The USCCR recommended that the EEOC advise ERs that English-only rules are _ unless intended to harass, embarrass, or exclude
Bona fide occupational qual rests on what question?
Is being a certain gender necessary to perform the essence of the job?
The Pregnancy Discrimination Act requires that pregnant EEs be treated as _ , which means the ER can't ask about it and the EE doesn't have to reveal, and can't be forced to take time off or quit
Other EEs with disabilities
How to prove sexual harassment
Bc of sex
Resulted in tangible action or was severe enough to alter the conditions of employment and create a hostile work environment
Can the victim sue the wrongdoer directly?
Must sue compnay
If the wrongdoer is a coworker, the victim can bring a _ claim
How can an ER defend themselves?
They exercised reasonable care and the EE failed to take advantage of those opportunities
Plaintiffs in same-sex harassment cases must show that the behavior was motivated by _ , general _ to a gender, or the victim's failure to conform to _
What if the harasser does it to both genders?
doesn't count then
What is the foreign law defense?
Against sexual harassment claims
The ER doesn't have to comply w Title VII if doing so would violate the host country's law
A prima facia case of retailiation requires participation in a _ (eg. bringing claims), an employment action _ the plantiff, and a casual _ between the protected activity and adverse employment action
Affirmative action can be _ after finding wrongful discrimination, _ adopted by an ER, required by some _, or in order to do business with the _
AA must be part of _, must be designed to _ employment, must be _, and must not unnecessarily harm the rights of _ EEs
Title VII's protections against religious discrimination include the ER's duty to _ _ EE's religious beliefs and practices, unless it would cause _
T/F: Alcoholism, drug addiction, and AIDS are disabilities under the ADA, however current illegal drug users are excluded
T/F: Taking medication or using a prosthetic excludes you from the ADA
T/F: An individual who does not have a disability but the ER assumes to have one is also protected under the ADA
A qualified person is one who can perform the essential _ w reasonable _
The Genetic Information Nondiscrimination Act prohibits ERs from discriminating based on _
The Age Discrim. in Employment Act protects those aged _ and older from employment discrimination based on their age
The ER may defend against an age discrimination claim by showing that the termination was based on a _, _ reason
Does the federal law currently offer protection against discrimination on the basis of sexual orientation?
But many state laws do
Employment Non Discrimination Act
Prohibits discrimination based on sexual orientation
What about gender identity?
Treated as sex discrimination claims
In 2013, over _ of Americans had a positive view of unions
When Samuel Gompers formed the AFL, what change did he make?
Organized members according to their craft
Congress of Industrial Organizations
Ordinary labor union
Not skilled workers like AFL
If, after negotiation, the parties cannot resolve their dispute, the collective-bargaining agreement ordinarily provides for final and binding _
The Supreme Court holds that a dispute between a union and employer over the ratification date of a collective-bargaining agreement containing an arbitration clause should be resolved by a _
A union may collectively bargain for an agreement providing that individual member's employment discrim. claims must be submitted to _
Strikes that are instituted by workers in response to the ER's commission of an unfair labor practice. They can be temporarily but not permanently replaced
Unfair labor practice strikes
Strikes used purely as economic weapons to persuade ERs to provide more favorable benefits or better working conditions. Cannot be fired but can be permanently replaced
When management takes the initiative in labor disputes by locking its doors to some or all of its EEs
The union is given statutory authority to be the exclusive _ agent for the EEs in the designated bargaining unit
The Bill of Rights of Labor Org Members was designed to ensure equal _ , the right to _ the union, and rights of free _ and _
Are union security agreements, such as requiring them to be members after a certain period of employment (union shop) or requiring dues and fees (agency shop) lawful?
Nonunion members can be compelled to pay union dues and fees only for core _ activities
Must be reduced to this
Public sector union membership is _ than private sector union membership
In identifying fraud, the law distinguishes between statements of _ and _, making sales puffing legal unless it comes from an expert
Innocent misrepresentation vs fraud
An unconscionable contract in which the bargaining power of the parties was so unequal that the agreement was not freely entered
An unconscionable contract in which the contract in question was so one sided
Does foolishness/want of knowledge count as grounds for unconscionability?
The Equal Credit Opportunity Act is designed to combat _ in lending
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