Workplace notecards directly from SHRM Flashcards by Renee Shaffer

U.S. act that defines what is included as hours worked and is therefore compensable and a factor in calculating overtime

Portal-to-portal act

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Portal-to-portal act

In particular, the Portal-to-Portal Act provides that employers are not required to pay for the time employees spend on activities occurring before or after (“preliminary or postliminary”) they perform the principal activities for which they are employed. For example, compensable working time generally does not include time spent:
Traveling to or from work.
Engaged in incidental activities before or after work.

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The Portal-to-Portal Act also amended the FLSA by establishing:
A two-year statute of limitations for violations of the FLSA and a three-year limitations period for willful violations.
A good faith defense.

Portal-to-portal act

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U.S. court ruling that distinguished between supervisor harassment that results in tangible employment action and supervisor harassment that does not.

Burlington Industries, INC. V. Ellerth

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U.S. act that provides employees with up to 12 weeks of unpaid leave to care for family members or because of a serious health condition of the employee

Family and Medical leave act (FMLA)

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U.S. act that frees employers who use third parties to conduct workplace investigations from the consent and disclosure requirements of the Fair Credit Reporting Act in certain cases

Fair and Accurate Credit Transactions Act (FACT ACT)

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Characteristic of an organization with a strong global image but an equally strong local identity

Gloalization

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U.S. act that establishes minimum wage, overtime pay, youth employment, and record-keeping standards affecting full-time and part-time workers in the private sector and in federal, state, and local governments

Fair Labor Standards Act (FLSA)

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System of rules and processes set up by an organization to ensure its compliance with local and international laws, accounting rules, ethical norms, internal codes of conduct, and other standards.

Governance

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Type of liability insurance covering an organization against claims by employees, former employees, and employment candidates alleging that their legal rights in the employment relationship have been violated

Employment Practices liability insurance (EPLI)

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Sexual, romantic, or emotional/spiritual attraction that one feels for persons of the opposite sex or gender, the same sex or gender, or both sexes and more than one gender

sexual orientation

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A proposal presented to a legislative body for possible enactment as a statute

Bill

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Extent to which each person in an organization feels welcomed, respected, supported, and valued as a team member

Inclusion

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Principle that organizations should take all steps that are reasonably possible to ensure the health, safety, and well-being of employees and protect them from foreseeable injury

Duty of care

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Organization that owns or controls production or services facilities in one or more countries other than the home country

Multinational Enterprise (MNE)

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Metrics that provide an early signal of increasing risk exposures for an enterprise

Key risk indicators (KRIS)

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Individuals who exchange work for wages or salary; in the U.S., workers who are covered by Fair Labor Act regulations as determined by the IRS

Employees

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System for identifying, evaluating, and controlling actual and potential risks to an organization, and which typically incorporate mitigation and/or response strategies, including the use of insurance

Risk Management

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Refers to the socially constructed system that associates masculinity or femininity with certain roles, behaviors, activities, and attributes

Gender

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Modification of the U.S. Constitution or a U.S. law

Amendment

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U.S. act that amended Title VII and gave the Equal Employment Opportunity Commission authority to implement its administrative findings and conduct its own enforcement litigation

Equal Employment Opportunity Act

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U.S. acts that expanded FMLA leave for employees with family members who are covered members of the military

National Defense Authorization Acts (NDAA)

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An organization’s desired gain or acceptable loss in value

Risk Position

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Expected monetary loss for an asset due to a risk over a one-year period; calculated by multiplying single loss expectancy by annualized rate of occurence

Annualized Loss Expectancy (ALE)

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Relocation of business processes or production to a lower-cost location inside the same country as the business

Onshoring

Refers to the country (including those that no longer exist) of one's birth or of one's ancestors' birth

National Origin

Method by which an organization relocates its processes or production to an international location through subsidiaries or third-party affiliates

Offshoring

U.S. Supreme Court Ruling that Patient Protection and Affordable Care Act requirement that individuals purchase health insurance was constitutional but requirements that states expand medicaid was not.

National Federation of Independent Business V. Sebelius

Process by which employees returning from international assignments reintegrate into their home country's culture, conditions, and employment

Repatriation

U.S. act that requires that all publicly held companies establish internal controls and procedures for financial reporting to reduce the possibility of corporate fraud

Sarbanes-Oxley Act (SOX)

Type of discrimination that results when a neutral policy has a discriminatory effect; also known as disparate impact.

Adverse impact

Type of discrimination that results when a neutral policy has a discriminatory effect; also known as adverse impact.

Disparate impact

Concept that a corporation has an impact on the lives of its stakeholders and the environment, encompassing such areas as corporate governance, philanthropy, sustainability, employee rights, social change, volunteerism, corporate-sponsored community programs, and workplace safety.

Corporate Social Responsibility (CSR)

Process by which a retirement benefit becomes nonforfeitable

Vesting

Employees who work outside their home countries

Assignees

U.S. act that prohibits discrimination against a qualified individual with a disability because of his/her disability

Americans with Disabilities Act (ADA)

Extent to which underlying operations such as IT, finance, or HR integrate across locations

Process Alignment

Practice of contracting a part of business processes or production to an external company in a country that is relatively close (e.g., within the same own region)

Near-Shoring

Differences in people's characteristics (Such as socioeconomic status, beliefs, personality, thought processes, work style, race, age, ethnicity, gender, religion, education, job function, etc.)

Diversity

U.S. act that prohibits discrimination against job applicants on the basis of national origin or citizenship and establishes penalties for hiring undocumented workers

Immigration Reform and Control Act (IRCA)

First Comprehensive U.S. law making it unlawful to discriminate on the basis of race, color, religion, sex, or national origin

Civil Rights Act of 1964

Innovations created for or by emerging-economy markets and then imported to developed-economy markets

Reverse Innovation

U.S. act that prohibits discrimination in the workplace on the basis of age

Age Discrimination in Employment Act (ADEA)

Union employees right in the U.S. to have a union representative or coworker present during an investigatory.

Weingarten Rights

Refers to one's internal, personal sense of being a man or a woman (or boy or girl), which may or may not be the same as one's sexual assignment at birth.

Gender Identity

Statement in U.S. Occupational Safety and Health Act that requires employers subject to OSHA to provide employees with a safe and healthy work environment

General Duty Clause

Practice of purchasing and using resources wisely by balancing economic, social, and environmental concerns, with the goal of securing the interests of present and future generations

Sustainability

U.S. act that expands the possible damage awards available to victims of intentional discrimination to include compensatory and punitive damages; gives plaintiffs in cases of alleged discrimination the right to a jury trial.

Civil Rights Act of 1991

Situation in which one party engages in risky behavior knowing that it is protected against the risk because another party will incur any resulting loss.

Moral Hazard

Employees who are excluded from U.S. Fair Labor Standards Act minimum wage and overtime pay requirements

Exempt

Medical condition or disorder, other than one resulting from an occupational injury, caused by exposure to environmental factors associated with employment

Occupational Illness

Action of rejecting a bill or statue

Veto

Time allowed for the public to express its views and concerns regarding an action of an administrative agency

Public Comment Period

Required for nonexempt workers under U.S. Fair Labor Standards Act at 1.5 times the regular rate of pay for hours over 40 in a workweek.

Overtime Pay

Potential harm, often associated with a condition or activity that, if left uncontrolled, can result in injury or damage to persons or property

hazard

Rule or order issued by an administrative agency of government, which usually has the force of law.

Regulation

Situation in which an agent (E.g., an employee) makes decisions for a principal (E.v., an employer) potentially on the basis of personal incentives that may not be aligned with the principal's incentives.

Principal-Agent Problem

Employees covered under U.S. Fair Labor Standards Act regulations, including minimum wage and overtime pay requirements

Nonexempt employees

U.S. act that imposed regulations on internal union affairs and the relationship between union officials and union members

Labor-Management Reporting and Disclosure Act (LMRDA)

An action taken to manage a risk

Risk Control

Amendments to U.S. Americans with Disabilities Act covering the definition of individuals regarded as having a disability, mitigating measures, and other rules of construction to guide the analysis of what constitutes a disability

ADA Amendments Act (ADAAA)

People who are covered under a particular federal or state antidiscrimination law

Protected class

Type of sexual harassment that occurs when an employee is forced to choose between giving in to a superior's sexual demands and forfeiting an economic benefit such as a pay increase, a promotion, or continued employment

Quid Pro Quo Harassment

2007 case in which the U.S. Supreme Court ruled that claims of sex discrimination in pay under Title VII were not timely because discrimination charges were not filed with the EEOC within the required 180-day time frame

Ledbetter v. goodyear tire & rubber co.

U.S. court ruling that distinguished between supervisor harassment that results in tangible employment action and supervisor harassment that does not.

Faragher v. city of boca raton

State of being in accordance with all national, federal, regional, and/or local laws, regulations, and/or other government authorities and requirements applicable to the places in which an organization operates

Compliance

U.S. act that prohibits discrimination on the basis of pregnancy, childbirth, or related medical conditions

Pregnancy Discrimination Act

U.S. act that imposed several restrictions and requirements on unions

Labor-Management Relations Act (LMRA)

Expected monetary loss every time a risk occurs; calculated by multiplying asset value by exposure factor.

Single Loss Expectancy (SLE)

Concept that jobs filled primarily by women that require skills, effort, responsibility, and working conditions comparable to similar jobs filled primarily by men should have the same classifications and salaries

Comparable Worth

Voluntary group for employees who share a particular diversity dimension (race, religion, ethnicity, sexual orientation, etc.); also known as affinity group or network group

Employee Resource Group (ERG)

Amount of uncertainty an organization is willing to pursue or to accept to attain its risk management goals.

Risk Tolerance

Classification of people as male or female

Sex

U.S. act that prohibits wage discrimination by requiring equal pay for equal or "substantially equal" work

Equal Pay Act (EPA)

U.S. act that established the first national policy for safety and health and continues to deliver standards that employers must meet to guarantee the health and safety of their employees

Occupational Safety and Health (OSH) Act

2010 U.S. law that requires virtually all citizens and legal residents to have minimum health coverage and requires employers with more than 50 full-time employees to provide health coverage that meets minimum benefit specifications or pay a penalty.

Patient Protection and Affordable care act (PPACA)

1992 case in which the U.S. Supreme Court ruled that an employer cannot be compelled to allow nonemployee organizers onto the business property.

Lechmere, INC. V. NLRB

Set of behavioral guidelines that an organization expects all of its directors, managers, and employees to follow, in order to ensure appropriate moral and ethical business standards.

Ethics

U.S. case that set the standard for determining whether discrimination based on disparate impact exists

Griggs V. Duke Power

Landmark 1975 U.S. labor relations case that dealt with the right of a unionized employee to have another person present during certain investigatory interviews

NLRB v. weingarten

U.S. act that amended the Age Discrimination in Employment Act to include all employee benefits; also provided standards that an employee's waiver of the right to sue for age discrimination must meet in order to be upheld by court

Older Worker Act

U.S. act that protects the employment, reemployment, and retention rights of persons who serve or have served in the uniformed services

Uniformed Services Employment and Reemployment Rights Act (USERRA)

U.S. act that prohibits discrimination against individuals on the basis of their genetic information in both employment and health insurance

Genetic Information Nondiscrimination Act (GINA)

U.S. law that requires federal contractors with contracts of $100,000 or more as well as recipients of grants from federal government to certify they are maintaining a drug-free workplace.

Drug-Free Workplace Act

Injury that results from a work-related accident or exposure involving a single incident in the work environment

Occupational Injury

Principles of conduct within an organization that guide decision making and behavior; also known as code of ethics

Code of conduct

Process by which an organization moves an employee out of an international assignment; can involve moving back to the home country, moving to a different global location, or moving to a new location or position in the current host country.

Redeployment

U.S. act that protects and encourages the growth of the union movement; established workers' rights to organize and bargain collectively with employers

National Labor Relations Act (NLRA)

Amount of uncertainty an organization is willing to pursue or to accept to attain its risk management goals

Risk Appetite

Legal doctrine under which a party can be held liable for the wrongful actions of another party.

Vicarious Liability

Task force created to define a diversity and inclusion initiative and guide the development and implementation process

Diversity Council

Occurs when sexual or other discriminatory conduct is so severe and pervasive that it interferes with an individual's performance; creates an intimidating, threatening, or humiliating work environment; or perpetuates a situation that affects the employee's psychological well-being

Hostile environment harassment

U.S. act that provides individuals and dependents who may lose health-care coverage with opportunity to pay to continue coverage

Consolidated Omnibus Budget Reconciliation Act (COBRA)

Extent to which diversity is embraced in management of people, products/services, and branding

Identity Alignment

Monies sent back home by migrants working in foreign countries

Global Remittances

States that a fiduciary of a plan covered by the U.S. Employee Retirement Income Security Act has legal and financial obligations not to take more risks when investing employees benefit program funds than a reasonably knowledgeable, prudent investor would under similar circumstances

Prudent Person Rule

U.S. act that creates a rolling time frame for filing wage discrimination claims and expands plaintiff field beyond employee who was discriminated against

Lilly Ledbetter Fair Pay Act

Protocol that an organization implements when an identified risk event occurs

Contingency Plan

Procedural document designed to assist employers in complying with federal regulations prohibiting discrimination

Uniform Guidelines on employee selection procedures

U.S. act that prevents private employers from requiring applicants or employees to take a polygraph test for preemployment screening or during the course of employment, with certain exemptions

Employee polygraph Protection Act (EPPA)

Globalization strategy that emphasizes consistency of approach, standardization of processes, and a common corporate culture across global operations.

Global Integration (GI) Strategy

Physical or mental impairment that substantially limits one's major life activities

Disability

U.S. act that requires some employers to give a minimum of 60 days' notice if a plant is to close or if mass layoffs will occur

Worker Adjustment and Retraining Notification (WARN) Act

Globalization strategy that emphasizes adapting to the needs of local markets and allows subsidiaries to develop unique products, structures, and systems

Local Responsiveness (LR) Strategy

1971 U.S. case that stated that an employer may not, in the absence of business necessity, refuse to hire women with preschool-aged children while hiring men with such children

Phillips V. Martin Marietta Corporation

Amount of uncertainty that remains after all risk management efforts have been exhausted

Residual Risk

Type of discrimination that occurs when an applicant or employee is treated differently because of his or her membership in a protected class

Disparate Treatment

Uncertainty that has an effect on an objective, where effect outcomes may include opportunities, losses, and threats

Risk

Economic, social, and environmental impact metrics used to determine an organization's success

Triple Bottom LIne

U.S. act tat established uniform minimum standards to ensure that employee benefit an pension plans are set up and maintained in a fair and financially sound manner.

Employee Retirement Income Security Act (ERISA)

Tool used to gather individual assessments of various characteristics of risk (frequency of occurrence; degree of impact, loss, or gain for the organization; degree of efficacy of current controls).

Risk Scorecard

U.S. act that protects privacy of background information and ensures that information supplied is accurate

Fair Credit Reporting Act (FCRA)

Status of growing interconnectedness and interdependency among countries, people, markets, and organizations worldwide

Globalization

Workplace notecards directly from SHRM Flashcards

(113 cards)