US Employment Law Voca

Question 1

Appropriation of Image of Likeness

Answer 1

A type of tort in which an employer uses the name, image, or likeness of an employee for commercial purposes in a way that is not described in the job description.

Question 2

Bargaining Unit

Answer 2

A group of workers represented by a union in collective bargaining.

Question 3

Bona Fide Occupational Qualification

Answer 3

A reasonable employment qualification that an employer is allowed to consider when making decisions about hiring and retaining employees.

Question 4

Closed Shop

Answer 4

An illegal requirement that an employee is a union member.

Question 5

Duty to bargain in good faith

Answer 5

A concept that requires a mutual obligation of both parties to participate actively in negotiations by demonstrating intent to resolve a dispute.

Question 6

Employer

Answer 6

One who employs the services of others in exchange for wages.

Question 6

Employer

Answer 6

One who employs the services of others in exchange for wages.

Question 7

E-Verify

Answer 7

An online tool administered through the U.S. Citizenship and Immigration Services (USCIS) and used by employers to verify the validity of documents presented by new hires.

Question 8

Exempt Employees

Answer 8

Fully/partially free from FLSA provisions

Question 9

Fellow servant rule

Answer 9

Employer defense themself that another employees that that case workplace injury

Question 10

Fiduciary

Answer 10

An entity that act as a caretaker

Question 11

Fiduciary Duty

Answer 11

A person who hold legal or ethical relationship of trust with one or more other parties.

Question 12

Free ride with regards to bargaining unit

Answer 12

Employee is not part of the union, but benefit from union representation.

Question 13

Frolic and detour

Answer 13

A person departure from the job to pursue their own interest.

Question 14

Gender plus discrimination

Answer 14

Discrimination when employer classifies employees on the basic of gender.

Question 15

General Duty clause under OSHA

Answer 15

require employer to provide employee training to prevent workplace hazard.

Question 16

Going and coming rule

Answer 16

Legal principal to remove employer liability from employee action going to and from their place of work

Question 17

Illegal bargaining subject

Answer 17

A subject that cannot legally be implemented into the collective bargaining agreement.

Question 18

Impasse

Answer 18

When two bargaining parties cannot be resolved

Question 19

Integrated enterprise

Answer 19

Business in which operations of two or more employer are so intertwined that they can be considered as a single employer for purposes of federal statutory coverage and liability.

Question 20

intrusion upon seclusion

Answer 20

A wrongdoing in which an employers intrudes upon an employees private information

Question 21

Lockout

Answer 21

Employer temporary work stoppage due to labor dispute

Question 22

Major Life Activity defined by ADA

Answer 22

A daily activity that an average person can perform with little or no difficulty.

Question 23

Mandatory bargaining subjects

Answer 23

A required bargaining subject that involves wages, benefits, hours, and layoff procedures.

Question 24

Mass Layoff under WARN Act

Answer 24

A workforce reduction at a single employment site during a 30-day period which is not caused by a plant closing.

Question 25

Negligent Hiring

Answer 25

A claim in which the employer knew or should have known about an employee’s history of violence or untrustworthiness.

Question 26

Negligent retention

Answer 26

A claim that arises when an employer fails to terminate an employee when it is apparent that he or she poses a danger to others.

Question 27

NLRB

Answer 27

A federal administrative agency that administers the provisions of the NLRA.

Question 28

Non-exempt Employee

Answer 28

Workers who are entitled to earn the federal minimum wage and qualify for overtime pay, which is calculated as one-and-a-half times their hourly rate, for every hour they work, above and beyond a standard 40-hour workweek.

Question 29

Permissive bargaining subjects

Answer 29

A bargaining subject that either party may bring to the table, but over which the other party is not required to bargain.

Question 30

Placement in a False Light

Answer 30

The privacy laws in the United States include a non-public person’s right to protection from publicity which puts the person in a false light to the public.

Question 31

Plant Closing under WARN Act

Answer 31

A single site of employment that is permanently or temporarily shut down for 6 months, or with a 50% reduction in hours over a 6-month period, and impacts 50 or more full-time employees for a 30-day period.

Question 32

Precedent

Answer 32

A controlling rule, example, or guide established by a judge that provides a framework for other judges to follow in later cases.

Question 33

Progressive Discipline

Answer 33

Performance management tool designed to modify employee behavior by using a set of increasingly severe discipline steps, with consequences, that hold the employee

Question 34

Public Disclosure of Private Facts

Answer 34

A type of tort in which an employer negligently or intentionally discloses an employee’s private information.