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Study sets matching "employment law"

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Study sets matching "employment law"

32 terms
Employment Law
Family Medical Leave Act
Occupational Safety and Health Act
Electronic Communications Privacy Act…
Fair Labor Standards Act of 1938
-Guarantees employees up to 12wks UNPAID leave each year for…
-employers must comply with health and safety standards... -Empl…
permits employers to monitor workers telephone calls and emai…
-regulates wage and limits child labor to agriculture and ent…
Family Medical Leave Act
-Guarantees employees up to 12wks UNPAID leave each year for…
Occupational Safety and Health Act
-employers must comply with health and safety standards... -Empl…
Employment law
employment law
formation
employment contract
settlement of disputes
трудовое право
образовáние
трудовой контракт
решение споров
employment law
трудовое право
formation
образовáние
97 terms
Employment Law
Title VII of the Civil Rights Act... 1964
Title VII: Sexual Harassment
Types of sexual harassment
Quid pro quo sexual harassment
Employers cannot discriminate based on race, color, religion,…
Defined sexual harassment as harassment on the basis of sex t…
Quid pro quo... Hostile work environment by supervisors... Hostile…
"This for that"... Ex. a supervisor might request sexual favors…
Title VII of the Civil Rights Act... 1964
Employers cannot discriminate based on race, color, religion,…
Title VII: Sexual Harassment
Defined sexual harassment as harassment on the basis of sex t…
32 terms
Employment Law
Family Medical Leave Act
Occupational Safety and Health Act
Electronic Communications Privacy Act…
Fair Labor Standards Act of 1938
-Guarantees employees up to 12wks UNPAID leave each year for…
-employers must comply with health and safety standards... -Empl…
permits employers to monitor workers telephone calls and emai…
-regulates wage and limits child labor to agriculture and ent…
Family Medical Leave Act
-Guarantees employees up to 12wks UNPAID leave each year for…
Occupational Safety and Health Act
-employers must comply with health and safety standards... -Empl…
15 terms
Employment Law
NLRA
FMLA
OSHA
ECPA
National Labor Relations Act of 1935/Wagner Act... -created Nati…
Family Medical Leave Act... -Guarantees employees up to 12wks UN…
Occupational Safety and Health Act... -employers must comply wit…
Electronic Communications Privacy Act of 1986 permits employe…
NLRA
National Labor Relations Act of 1935/Wagner Act... -created Nati…
FMLA
Family Medical Leave Act... -Guarantees employees up to 12wks UN…
48 terms
Employment Law
At-Will Employee
NLRA
FMLA
COBRA
fired for any reason at all
National Labor Relations Act of 1935/Wagner Act... -created Nati…
Family Medical Leave Act... -Guarantees employees up to 12wks UN…
Consolidated Omnibus Budget Reconciliation Act... -must be allow…
At-Will Employee
fired for any reason at all
NLRA
National Labor Relations Act of 1935/Wagner Act... -created Nati…
17 terms
Employment Law
appeal
shed
entitlement
fired
ricorrere in appello... (The ____________ against his conviction…
cambiare la pelle... (The snake _____ its skin)
diritto... (Every person accused of a crime has an _________to l…
licenziato... (He was __________ after several warnings about hi…
appeal
ricorrere in appello... (The ____________ against his conviction…
shed
cambiare la pelle... (The snake _____ its skin)
16 terms
Employment Law
Americans with Disabilities Act of 1990
Collective Bargaining
Counteroffers
Employee Retirement Income Security Ac…
makes it unlawful to discriminate employees based on a disabi…
when employers and employees negotiate their salary and work…
when the original offer of a contrast is not accepted and a n…
requieres that employees and the laor department receive a de…
Americans with Disabilities Act of 1990
makes it unlawful to discriminate employees based on a disabi…
Collective Bargaining
when employers and employees negotiate their salary and work…
40 terms
Employment Law
National Labor Relations Act
Family and Medical Leave Act FMLA
Consolidated Omnibus Budget Reconcilia…
Wrongful Discharge
Created the National Labor Relations Board to enforce labor l…
This guarantees both men and women up to 12 weeks of unpaid l…
This statute provides that former employees must be allowed t…
This prohibits an employer from firing a worker for a bad rea…
National Labor Relations Act
Created the National Labor Relations Board to enforce labor l…
Family and Medical Leave Act FMLA
This guarantees both men and women up to 12 weeks of unpaid l…
6 terms
Employment Law
Equal Pay Act 1970
Sex Discrimination Act 1975
Race Relations Act 1976
Disability Discrimination Act 1995
...
...
...
...
Equal Pay Act 1970
...
Sex Discrimination Act 1975
...
13 terms
Employment Law
Wagner Act
Family and medical leave act
The patient protection and affordable…
cobra
to enforce labor relations
guarantees both men and women up to 12 weeks unpaid
employers who have more than 50 full-time employees must pay…
consolidated omnibus budget reconcilation act... provides that f…
Wagner Act
to enforce labor relations
Family and medical leave act
guarantees both men and women up to 12 weeks unpaid
31 terms
Employment Laws
Age Discrimination in Employment
Americans with Disabilities
Consolidated Omnibus Budget Reconcilia…
Davis-Bacon Act
prohibits employment discrimination on the basis of age again…
Prohibits private employers from discriminating against perso…
Prohibits the elimination of a worker's medical, optical, or…
Requires payment of "prevailing wages" to employees of contra…
Age Discrimination in Employment
prohibits employment discrimination on the basis of age again…
Americans with Disabilities
Prohibits private employers from discriminating against perso…
28 terms
Employment Law
Positive Law
Natural Law
Legal Realism
Sources of Law
The law is what the sovereign says it is (conventional law)
An unjust law is no law at all. Because humans instinctively…
Judges are human beings with biases, prejudices, backgrounds,…
1. US Constitution... 2. Due Process... 3. Statutes... 4. Ordinances... 5…
Positive Law
The law is what the sovereign says it is (conventional law)
Natural Law
An unjust law is no law at all. Because humans instinctively…
17 terms
Employment Law???
employment at will
Title VII of the Civil Rights Act
Equal Employment Opportunity Commission
disparate-impact discrimination
a legal doctrine that holds that the employment relationship…
federal law that prohibits discrimination in employment matte…
a governmental agency that monitors compliance laws relevant…
type of discrimination that is unintentional, where the perce…
employment at will
a legal doctrine that holds that the employment relationship…
Title VII of the Civil Rights Act
federal law that prohibits discrimination in employment matte…
10 terms
Employment Law
EI
WorkSafeBC
BC Human Rights Code
Workers Compensation
Employment Insurance. The government program that provides co…
Government program that provides safety inspections at work s…
This law protects people from discrimination in the workplace…
An employee who was badly injured on the job receives money a…
EI
Employment Insurance. The government program that provides co…
WorkSafeBC
Government program that provides safety inspections at work s…
16 terms
Employment Law
employment at-will
social security
discrimination
equal pay rule
Employer or employee can end employment at any time for any r…
government program that provides income workers because of re…
unfair treatment of people on the basis of race, nationality,…
employers must pay women the same rate as men for doing the s…
employment at-will
Employer or employee can end employment at any time for any r…
social security
government program that provides income workers because of re…
18 terms
Employment Law
employment at-will
social security
discrimination
equal pay rule
Employer or employee can end employment at any time for any r…
government program that provides income workers because of re…
unfair treatment of people on the basis of race, nationality,…
employers must pay women the same rate as men for doing the s…
employment at-will
Employer or employee can end employment at any time for any r…
social security
government program that provides income workers because of re…
31 terms
Employment Law
Employment at Will
Exception to employment at will
Define "Right to Work"
Title VII of the Civil Rights Act proh…
Absent a contract or collective bargaining agreement (CBA) em…
Termination may not be based on a person's status as a member…
the right of a person to decline membership in a trade union…
1. Race... 2. Color (due to LA "paper bag" color rule)... 3. Religi…
Employment at Will
Absent a contract or collective bargaining agreement (CBA) em…
Exception to employment at will
Termination may not be based on a person's status as a member…
11 terms
Employment Law
bona fide occupational qualification (…
business necessity
constructive discharge
disparate-impact discrimination
Identifiable characteristics reasonably necessary to the norm…
A defense to allegations of employment discrimination in whic…
A termination of employment brought about by making the emplo…
A form of employment discrimination that results from certain…
bona fide occupational qualification (…
Identifiable characteristics reasonably necessary to the norm…
business necessity
A defense to allegations of employment discrimination in whic…
23 terms
Employment Law
unfair discrimination
affirmative action
protected classes
affirmative action plan
when employment decisions and actions are not job-related, ob…
proactive efforts to eliminate discrimination andits past eff…
groups underrepresented in employment
describes in detail the actions to be taken, procedures to be…
unfair discrimination
when employment decisions and actions are not job-related, ob…
affirmative action
proactive efforts to eliminate discrimination andits past eff…
19 terms
Employment law
Flsa
1964 title 7
Workers compensation
Unemployment compensation
FAIR labor standards act... Wages and hours
Race color nationality origin religion gender... You can not sue…
...
...
Flsa
FAIR labor standards act... Wages and hours
1964 title 7
Race color nationality origin religion gender... You can not sue…
390 terms
Employment Law
Employer goals and interests
Employee goals and interests
What are the three models of employment?
What are the three possible durations…
1) Keep the cost of labor low, 2) Prevent unilateral resignat…
1) Maximize wages and benefits, 2) Preserve unilateral right…
Individual contract model, Collective contract model, and Pub…
1) To continue indefinitely, terminable at will of either par…
Employer goals and interests
1) Keep the cost of labor low, 2) Prevent unilateral resignat…
Employee goals and interests
1) Maximize wages and benefits, 2) Preserve unilateral right…
42 terms
Employment Law
Which act regulates the way the govern…
Who does the Ontario Human Rights code…
How many grounds of discrimination are…
What is the Meiorin Test/ Bona Fide Oc…
Canadian Charter of Rights and Freedom
individuals, private companies or organizations
16
Determine whether an employer set of rule or job qualificatio…
Which act regulates the way the govern…
Canadian Charter of Rights and Freedom
Who does the Ontario Human Rights code…
individuals, private companies or organizations
88 terms
Employment Law
Bammert v. Don's Super Valu Inc.
Master-Servant
Employer-Employee
Lemmerman v. A.T. Williams Oil Co.
A state's public policy regarding DUI and promoting the insti…
a. Contemporary relevance of master-servant law is almost exc…
There is always a K b/w ER and EE, regardless of written or o…
i. The court lacks subject matter jurisdiction where a statut…
Bammert v. Don's Super Valu Inc.
A state's public policy regarding DUI and promoting the insti…
Master-Servant
a. Contemporary relevance of master-servant law is almost exc…
21 terms
Employment Law
Negligent Supervision, Training and Re…
Assault and Battery
Intentional Interference with the Empl…
Defamation
Negligence towards employees resulting in harm
Unwanted, nonconsensual contact, or the fear of such contact.
One who intentionally and improperly interfers with the perfo…
Unprivileged publication of false information that injures a…
Negligent Supervision, Training and Re…
Negligence towards employees resulting in harm
Assault and Battery
Unwanted, nonconsensual contact, or the fear of such contact.
27 terms
Employment Law
3 Types of Employment Relationships
Principal-Agent Relationship
Principal
Agent
Principal-Agent... Employer-Employee... Employer-Independent Contra…
where one party directs another to act on his behalf and subj…
Party for whom the action is taken
Party who acts for an on behalf of the principal
3 Types of Employment Relationships
Principal-Agent... Employer-Employee... Employer-Independent Contra…
Principal-Agent Relationship
where one party directs another to act on his behalf and subj…
98 terms
Employment Law
EMPLOYMENT LAW
What category of worker do "employment…
Control Test-->
Factors of "control test"
...
Only cover employees NOT those doing work as independent cont…
used to determine employee vs independent contractor status
control questions, financial questions & type of relationship
EMPLOYMENT LAW
...
What category of worker do "employment…
Only cover employees NOT those doing work as independent cont…
17 terms
Employment Law
Labor dispute
Unfair labor practice
Unfair union practice
Unfair employer practice
any controversy concerning terms or conditions of employment…
conduct in which an employer or union is prohibited from enga…
conduct in which a union is prohibited from engaging
conduct in which an employer is prohibited from engaging
Labor dispute
any controversy concerning terms or conditions of employment…
Unfair labor practice
conduct in which an employer or union is prohibited from enga…
21 terms
Employment Law
Duty of Loyalty
Duty to Act in Good Faith
Discrimination in Promotion
Residency Tests
Based on trust and confidence, an employee has a duty to info…
an employee or independent contractor has an obligation to pe…
reason for certain groups promoted less frequently is due in…
cities, towns, counties, and municipalities may require that…
Duty of Loyalty
Based on trust and confidence, an employee has a duty to info…
Duty to Act in Good Faith
an employee or independent contractor has an obligation to pe…
Employment law
Ready mixed concrete v Minister of pen…
Carmichael v National Powers
Autoclenz Ltd v Belcher
Carmichael v National Powers
Multiple factor test
If you could choose not to work from times to times this coul…
Relative bargain power - doesn't matter if it says "worker" o…
Workers who are not part of the permanent workforce, but who…
Ready mixed concrete v Minister of pen…
Multiple factor test
Carmichael v National Powers
If you could choose not to work from times to times this coul…
27 terms
Employment Law
What are various ways to intervene/ ba…
@-will GR
Can public policy exception to @-will…
When can an @-will EE bring an action…
1. Free market/ individual bargaining power ... (doesn't do a lo…
@-will EEs are terminable @-will, for any reason, without cau…
H: no (Bammert)
"when the discharge is contrary to a fundamental and well-def…
What are various ways to intervene/ ba…
1. Free market/ individual bargaining power ... (doesn't do a lo…
@-will GR
@-will EEs are terminable @-will, for any reason, without cau…
11 terms
Employment Law
principal-agent relationship
Independent Contractors
Responsibility of employer over indepe…
types of employer liability
relationship between employer (principal) and employee (agent)
individuals that are employed by a company but are not "emplo…
They are not protected by the company (i.e. companies are not…
respondent superior, negligence in hiring and supervising
principal-agent relationship
relationship between employer (principal) and employee (agent)
Independent Contractors
individuals that are employed by a company but are not "emplo…
13 terms
Employment Law
Employment-at-Will
Union
Collective Bargaining Agreement
Grievance Procedure
The general rule governing employment in most states.
An organization of employees that is formed to promote the we…
A contract negotiated by the employer and representatives of…
Establishes a series of steps that an employee must follow to…
Employment-at-Will
The general rule governing employment in most states.
Union
An organization of employees that is formed to promote the we…
19 terms
Employment Law
American Competitiveness in the 21st C…
Antiterrorism and Effective Death Pena…
Employee Retirement Income Security Ac…
Equal Pay Act of 1963
Federal law that increased the number of highly skilled immig…
One of several post 9/11/2001 federal statutes passed to incr…
Congressional act establishing requirements for disclosure an…
Act prohibiting wage discrimination on the basis of age, race…
American Competitiveness in the 21st C…
Federal law that increased the number of highly skilled immig…
Antiterrorism and Effective Death Pena…
One of several post 9/11/2001 federal statutes passed to incr…
31 terms
Employment Law
Employment-at-will
Collective Bargaining Agreement
Grievance Procedure
Wrongful Discharge
Which states that an employer can dismiss an employee at any…
A contract negotiated by the employer and the labor union tha…
Employees have the right to appeal any employer's decision th…
Gives employees legal grounds for a lawsuit against employers…
Employment-at-will
Which states that an employer can dismiss an employee at any…
Collective Bargaining Agreement
A contract negotiated by the employer and the labor union tha…
20 terms
Employment Law
Employment at Will Doctrine
Groups that are Exempt from At Will Do…
Wrongful Termination (rare lawsuits)
Pre-employment Process
you work at will and the employer can fire you for any reason…
1. Government Employees... 2. People with a written contract wit…
1. If employee is union... 2. If a government employee terminati…
1. Interview Process... 2. Recommendations... 3. Drug Testing
Employment at Will Doctrine
you work at will and the employer can fire you for any reason…
Groups that are Exempt from At Will Do…
1. Government Employees... 2. People with a written contract wit…
24 terms
Employment Law
Severance Compensation
Common Law
Statutory Law
Case Precedent
Some employers, either through employee handbooks or through…
One of the sources of law in the American legal system is com…
Law that is created by elected officials through the legislat…
State and federal court judges use previously-decided cases t…
Severance Compensation
Some employers, either through employee handbooks or through…
Common Law
One of the sources of law in the American legal system is com…
24 terms
Employment law
The employer is
An employee is
Contract of Service
American International Assurance Co Lt…
Section 2(1), Employment Act 1955 or Industrial Relations Act…
Section 2(1) & First Schedule, Employment... Act 1955 or Industr…
To prove a person is an employee it must be... established that…
- The control test;... - The organisation test; and... - Multiple t…
The employer is
Section 2(1), Employment Act 1955 or Industrial Relations Act…
An employee is
Section 2(1) & First Schedule, Employment... Act 1955 or Industr…
26 terms
Law-EMployment
Fair Labor Standards Act (FLSA)
Family and Medical Leave Act (FMLA
Unemployment compensation
Workers' compensation laws
covers all employers engaged in interstate com- merce or the…
Federal act requiring that certain employers establish a poli…
State system, created by the Federal Unemployment Tax Act (FU…
State laws that provide for financial compensation to employe…
Fair Labor Standards Act (FLSA)
covers all employers engaged in interstate com- merce or the…
Family and Medical Leave Act (FMLA
Federal act requiring that certain employers establish a poli…
8 terms
Employment Law
Employee
Employer
Employment
Employment at Will
Party who works under the supervision of another for pay
party who engages another to work for pay
contractual relationship in which on party engages another to…
Employer may discharge employee at any time because to agreem…
Employee
Party who works under the supervision of another for pay
Employer
party who engages another to work for pay
20 terms
Employment Law
Zero Tolerance Policy
Sex Discrimination
OSHA
Genetic Information Nondiscrimination…
An employer policy that prohibits inappropiate conduct, regar…
Treating a person differently, or less favorably, because of…
Federal government agency that regulates health & safety stan…
Federal law that protects individuals from being discriminate…
Zero Tolerance Policy
An employer policy that prohibits inappropiate conduct, regar…
Sex Discrimination
Treating a person differently, or less favorably, because of…
14 terms
Employment Law
employment at will doctrine
Dipsparate treatment
Title VII of Civil Right Act of 1964
The Age Discrimination in Employment A…
unless you have a contract of employment guaranteeing you emp…
the job applicant or employee claims that he or she was treat…
prohibits employment discrimination based on race or color, s…
created a protected class for individuals 40 years of age or…
employment at will doctrine
unless you have a contract of employment guaranteeing you emp…
Dipsparate treatment
the job applicant or employee claims that he or she was treat…
37 terms
Employment Law
Boycott
Collective Bargaining
Consolidated Omnibus Reconciliation Ac…
Electronic Communications Privacy Act…
A refusal to deal with, purchase goods from, or work for a bu…
the process whereby workers organize collectively and bargain…
Federal law which ensures that when employees lose their jobs…
Federal law that extends employees' privacy rights to electro…
Boycott
A refusal to deal with, purchase goods from, or work for a bu…
Collective Bargaining
the process whereby workers organize collectively and bargain…
17 terms
Employment Law
What is an employee?
Tests for employee?
Control Test is...
Econ Reality Test is...
An indiviual who has entered into or works under a contract o…
Control... Econ Reality... Integration
Does employer have control over employee?
How dependent on employer for pay?
What is an employee?
An indiviual who has entered into or works under a contract o…
Tests for employee?
Control... Econ Reality... Integration
21 terms
employment law
At-Will Employee
consolidated budget reconciliation act
defined benefit
defined contributions plan
an employment situation in which employee is not under contra…
requires employers with 20+ employees to permit departing emp…
a pension sponsored by a company that provides specified mont…
employer will match contribution made by an employee and the…
At-Will Employee
an employment situation in which employee is not under contra…
consolidated budget reconciliation act
requires employers with 20+ employees to permit departing emp…
37 terms
Employment Law
Three Phases of Labor Law
Railway Labor Act
Norris-La Guardia Act
National Labor Relations Act
1. Employees at disposal of employers, illegal to unionize... 2.…
Permits employees to form labor unions w/o employer interfere…
- Permits employees to form labor unions w/o employer interfe…
"Wagner-Act"... - Federally protected right of employees to unio…
Three Phases of Labor Law
1. Employees at disposal of employers, illegal to unionize... 2.…
Railway Labor Act
Permits employees to form labor unions w/o employer interfere…
14 terms
Employment Law
employment at will
collective bargaining agreement
grievance procedure
severance pay
employer permitted to discharge an employee at anytime for an…
contract negotiated by the employer and representatives of th…
a series of steps than an employee must follow to appeal the…
a set amount of money to compensate employees for being disch…
employment at will
employer permitted to discharge an employee at anytime for an…
collective bargaining agreement
contract negotiated by the employer and representatives of th…
22 terms
Employment Law
employment at will doctrine
what are the exceptions to the employm…
workers compensation statutes
employers defenses to a workers compen…
an employment agreement can be discharged at any time for any…
-anti discrimination laws... -contract theories: there may be a…
allows employees to receive compensation for injuries that oc…
-employee is independent contractor... -injury is not employment…
employment at will doctrine
an employment agreement can be discharged at any time for any…
what are the exceptions to the employm…
-anti discrimination laws... -contract theories: there may be a…
15 terms
Employment Law - Employment Status
s.230(1) Employment Rights Act 1996
s.230(2) ERA 1996
Ready Mixed Concrete v Minister of Pen…
Agreement
An employee "works under contract of employment".
Contract of employment is a contract of service whether expre…
The control test: In order for a contract of service to exist…
The individual must provide his own work and exercise skill i…
s.230(1) Employment Rights Act 1996
An employee "works under contract of employment".
s.230(2) ERA 1996
Contract of employment is a contract of service whether expre…
16 terms
Employment Law
Title Vll of the Civil Rights Act
Protected Classes
Equal Employment Opportunity Commission
Bona fide
protects people from discriminating, hiring, paying, promotin…
age, gender, race, ethnicity, disabilities, pregnant ladies,…
you should call this when you are being discriminated against
genuine, real
Title Vll of the Civil Rights Act
protects people from discriminating, hiring, paying, promotin…
Protected Classes
age, gender, race, ethnicity, disabilities, pregnant ladies,…
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