Employment and Labor Law Flashcards
(23 cards)
What is Shirking?
Shirking is when an employee intentionally avoids/reduces their work simpily by doing less that what is expected.
What is a Libel?
A Libel is a written false statement that harms and employees reputation.
What is Civil Law?
Give an example
Civil Law is the type of law that regulates non-criminal rights.
Divorce
What is Common Law?
Give an example.
Common Law is a body of unwritten laws based on precedings from past legal cases.
Roe v Wade, Brown vs Board of Education
What is the Common Law Agency Test?
The Common Law Agency Test is a legal standard used to determine if a worker is an employee or an Independent Contractor.
What is the central element of the Common Law Agency Test?
The central element is the Level of Control retained.
What does the Dual Purpose Doctrine state?
What is an example?
The Dual Purpose Doctrine states that an employer can be held liable for an employees injury that occurs while the employee is engaged in a personal & work related activity.
Traveling for business and getting injured while walking to meeting.
What is the Economic Realitites Test?
What are some examples?
The Economic Realitites Test classifies a worker as an employee if the employee is economically dependent on the employer.
Harold working for the cubans.
What is an Integrated Enterprise?
An Integrated Enterprise is a business environment where the operations of two-or-more employees are so intertwined that they can be considered a single employer.
What does the Doctrine of Constructive Discharge state?
Give an example.
The Doctrine of Constructive Discharge states that when conditions of unfairness or mistreatment exist at work to such a degree that no reasonable employee would feel they had any other option but to quit.
Alexa working at Schluters
What is the Four-Fifths Rule?
The 4/5ths rule is a guideline used to determine if an employment practice has an adverse impact on a protected group.
What is Diparate Treatment?
Disparate Treatment is when an employer intentionally treats one employee different than others because of a protected characteristic.
What is Disparate Impact?
Disparate Impact is when an employer implements a policy that appears to be neutral, but has negative effects on a particular group.
What is the National Labor Relations Board (NLRB)?
The NLRB is an independent agency that proctects the rights of private sector employees to join together to imporve their wages or working conditions. With or without unions.
What did the Labor-Management Reporting and Disclosure Act do?
It regulates internal affairs of labor untions.
What is Concerted Activity?
When 2 or more employees act together to improve the terms and conditions of their employment.
What is a Wildcat Strike?
A Wildcat Stike is an unauthorized work stoppage by employees that violate collevtive bargining agreements.
What is Arbitration?
Where disputes between an employee and employer are resolved by a nuetral third party. Not in court.
What is Meditation?
Meditation is a voluntary, confidential process that helps resolve employment and labor law disputes. Meditator doens’t decide who is right or wrong.
What is the WARN Act?
The WARN Act offeres protection to workers, their families, and the community by requiring companies to provide 60 day notice of plant closings or mass layoffs
What is the Omnibus Transportation Testing Act?
It requires DOT agencies to implement drug and alcohol testing of safety-sensitive transportation employees.
What is the General Duty Clause?
A clause stating that all employers provide a work environment free from recogonized hazards that are likely to cause deaths or serious physical harm.
What is the Compliance Requirement Clause?
A clause that states that all parties must adhere to applicable laws & regulations.
