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Business Law Final
Terms in this set (32)
National Labor Relations Act
adopted during FDR's New Deal in 1935, it changed the relationship between employers and employees. it consists of three major federal laws
in 1935, it created the National Labor Relations Board. this law gives employees the right to form unions and creates a process for the selection or rejection of a union by employees. it also protects "collective action" by employees and prohibits "unfair labor practices" by employers.
an act passed in 1947 to curb union abuses after world war two. it makes it unlawful for unions to engage in coercive actions
this act, passed in 1959, requires the financial accountability of unions to the federal government and union members. it attempts to enhance democratic practices in unions by providing increased member rights.
a workplace where a company is required by the union agreement to hire union members
a workplace where all workers must join the union after they are hired. permissible under the NLRA and state laws in most states
workers are not required to join the NLRA-certified union for that workplace. this law is in effect in 28 states
unless an employment contract provides otherwise, an employer can terminate an employee at any time for any lawful reason, or for no reason. also, this type of employee can quit a job at any time and for any reason or for no reason
Exceptions to the At-Will Rule
refusal of employee to act illegally, public duty, exercising public right, and contract
Occupational Health and Safety Administration
created by the occupational health and safety administration; it adopts and enforces "standards" for workplace health and safety, can fine businesses and/or close workplaces for violations
Fair Labor Standards Act
created in 1938, it imposes a federal minimum hourly wage for many employees. it requires payment of time-and-a-half of a minimum wage for each hour worked over forty if covered by the law.
Title VII of the 1964 Civil Rights Act
focuses on discrimination in employment and applies to private employers with more than 15 employees
Classes Protected from Discrimination
race, color, religion, sex, and national origin
Age Discrimination in Employment Act
created in 1967, it prohibits discrimination in employment of persons 40 years old and older and applies to employers with 20 or more employees only
Americans with Disabilities Act
in 1990, it was intended to prevent discrimination against persons with disabilities in employment and in public accommodations. this applies to employers with 15 or more employees. they must show that they are disabled, they are otherwise qualified for the job, and they were discriminated against because of the disability
a defense to title vii that claims its sometimes permitted if the employer's practice is necessary to effective job performance
Bona Fide Occupational Qualification
rare instances where sex, religion, age, or national origin intentional discrimination may be "necessary" to job
an intentional effort by an employer to remedy past discrimination by giving hiring, promotion, or layoff preferences based on sex or race
scheduling a vote for an election requires support from 30% of the relevant workers. when that is reached, he NLRB approves the holding of a formal election.
Rights of Companies in Campaigns
companies can argue that a union will be too expensive and that jobs will be lost. also, they can close a plant to move to a cheaper location after losing an election. they can also exclude union organizers from company property during the election
Rights of Unions in Campaigns
unions can make arguments that unions will benefit the economic position of the workers more than the policies of management
a denial of employment initiated by the management of a company during a labor dispute.
times when workers refuse to work until owners improve conditions
insurance paid by the employers for an employee injury. to qualify, the employee's injury must be accidental and must arise out of and be in the course of employment.
Remedies for Violations of Title VII
reinstatement to the job, back pay, punitive damages, and attorney's fees
intimidating, hostile, or offensive work environment
Quid Pro Quo
sexual favors a required for a reward or to avoid punishment in the workplace
behaviors of a sexual nature in the workplace or other professional or social situation.
An adjustment to the work environment that does not have high costs that will enable an employee to do his or her job despite having a disability
National Labor Relations Board
consists of 5 members appointed by the president for 5-year terms. they hear complaints about violations of the NLRA. complaints can be made by labor or management. it also has the power to order reinstatement of employees, require back wages and issue orders to bargain for violations
regulated by the fair labor standards act of 1938, it states that children under 14 years cannot work extensive hours, 16yo cannot work in hazardous occupations and 18yo cannot work in hazardous occupations.
Equal Employment Opportunity Commission
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