C233 Study Guide Students- 11-2021
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Western Governors University *
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Course
C233
Subject
Law
Date
Jan 9, 2024
Type
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Uploaded by DeanFlamingoMaster704
Welcome to C233: Employment Law!
Following are some guidelines that will help you as you progress through this guide:
1)
Each tab is color coded according to the course's core competencies and align with the "topics" in the coach
2)
3)
4)
Each tab is separated by concept and references the section of the textbook that will help you with the conc
5)
Other tips for success in this course:
1)
Attend the live events (register through the Cohort tool on the course's homepage)
2)
If you can't attend the live events, watch the videos available through the Resource Index (See Course Tips)
3)
Complete the practice quizzes available through the Resource Index (See Course Tips)
Last, but not least
4)
Meet with your Course Instructor to discuss any concepts with which you are struggling or for which you wo
We are happy to have you with us and have provided you with a wealth of resources to help you be successful. This study gu
resources that will help you narrow your focus of study.
The Quick Reference Guide has been provided for you, but you still need to study it
. It contains each of the for knowing about in this course and what specifically you need to know about each law. You may decide to
and fold it in accordion fashion to use it as you would flashcards. Also, know the acronyms for the laws wher
pseudonyms (or a.k.a.). This tab has frozen panes to show column and row headings as you scroll.
The vocabulary tab contains all the essential need to know words for the course. In some cases, they will be cases, they provide fundamental understanding to study more complex concepts. Know these words!
They arranged by the order they can be found in the book. You will also notice we have cross referenced the secti
you to the definition. Complete this tab first.
The activity tabs were specially designed to not only encompass concepts we know will be a part of the OA, struggle points of students and for application of the laws on the Quick Reference Guide. Do not skip these OA Competency Breakdown by Percentage of Concentration
Legal Issues in Employment Relationships
19%
Strategies for the Workplace
35%
Employment Laws on Employment Relations
4%
Workplace Regulations and Compliance
27%
Labor Relations
15%
Legal Issues in Employment Relationships
Strategies for the Workplace
Employment Laws on Employment Relations
Workplace Regulations and Compliance
Labor Relations
19%
35%
4%
27%
15%
hing report.
cept.
ould like more information
uide is among the laws that you are responsible o print that tab of the workbook re noted and laws that have the concept tested, in other are alphabetical but can also be tion of the book that will guide but also to include common activities!
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C233: Federal Employment Laws--Quick Referen
LAW
Scope/Main provisions; e.g. what the law protects/prohibits
ALL
>=15 employees
1)
2) Created EEOC
3) Allows for BFOQ
4) Establishes criteria for Disparate Impact/Disparate Treatment
5) Whistleblower provision/prohibits retaliation
ALL
>=15 employees
1) Amended Title VII
2)
3)
4)
5)
6) Whistleblower provision/prohibits retaliation
Equal Pay Act (EPA)
ALL
ALL
Women
1)
2) Covers all aspects of compensation (includes benefits)
3)
Coverage--Types of employers (public, private, or all)
Coverage--Size of employer required for coverage
Coverage--Who the law protects
Title VII of the Civil Rights Act of 1964
Protected classes based on race, color, sex, religion, and national origin
Illegal to discriminate in all employment related decisions on basis of race, color, religion, sex, or national origin.
Pregnancy Discrimination Act (PDA)
Those employees or candidates for employment who are pregnant or may become pregnant
Prohibits employment discrimination on basis of pregnancy, childbirth, or pregnancy related medial conditions
Treat pregnancy as disability (employees on leave for pregnancy related issues still accrue seniority, vacation time, pay increases and benefits).
Health insurance must include pregnancy related conditions at same cost as other medical conditions (excludes abortions)
Pregnancy health coverage must be independent of marital status
Pay men and women equal for equal work (work, effort, skills, responsibility, and working conditions)
Pay differentials allowed for seniority (as long as the seniority system wasn't based on discriminatory practices), merit pay systems, productivity-based systems, and any other "factor other than sex"
LAW
Scope/Main provisions; e.g. what the law protects/prohibits
Coverage--Types of employers (public, private, or all)
Coverage--Size of employer required for coverage
Coverage--Who the law protects
4) Whistleblower provision/prohibits retaliation
LAW
Scope/Main provisions; e.g. what the law protects/prohibits
Coverage--Types of employers (public, private, or all)
Coverage--Size of employer required for coverage
Coverage--Who the law protects
ALL
>=20 employees
1)
2)
3) Differentiation may be established on "factor other than age"
4)
5) Whistleblower provision/prohibits retaliation
ALL
>=20 employees
1)
2)
3)
Age Discrimination in Employment Act (ADEA)
Employees/applicants 40+ years of age
Prohibits discrimination in all employment decisions on the basis of age
Prohibits mandatory retirement (except for firefighters and police officers and some executives who will make >$44k/yr. in pension benefits)
Complaint must be filed with EEOC within 180 days of alleged violation
Older Workers Benefit Protection Act (OWBPA)
Employees receiving special benefits upon early retirement
Waiver of claims if the waiver is knowing and voluntary AND employees receive additional compensation for the waiver, over and above that for which they are already entitled
Waiver must meet following conditions: Refer to employee's rights under the ADEA, contain an exchange of value, advice to consult an attorney, allow employees 21 days to consider, and provide 7 days to rescind
If part of termination program offered to group/class of employees then it must also meet the following conditions: allow 45 days for consideration, list the class eligible for early retirement, explain the factors used to determine eligibility, define time limits for deciding upon early retirement, and explain any adverse action should the employee decide to decline or accept early retirement
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LAW
Scope/Main provisions; e.g. what the law protects/prohibits
Coverage--Types of employers (public, private, or all)
Coverage--Size of employer required for coverage
Coverage--Who the law protects
Fair Labor Standards Act (FLSA)
Most
1)
2)
3)
4)
5)
6)
7) Whistleblower provision/prohibits retaliation
ALL
>=4 employees
1) Prohibits the hiring of illegal aliens
2) Illegal to hire and or retain an undocumented worker
3) Within 3 days employer must verify eligibility to work U.S.
4) Established the I-9 form
5)
6)
7)
ALL--Some small employers may be exempt, but are most likely covered by state law
Most--except children working for parents and some agricultural workers
Provides for a federal minimum wage (exceptions include those under 20 years old for the first 90 days of employment)
Provides for overtime at 1.5x hourly rate for all hours worked within a work week over 40 for non-exempt employees
Protects from abuse of child labor (retail jobs allowed with restrictions for 14 year olds, 16 year olds can work if no interference with health, education, or well-being--standards set by state law)
Tipped workers, piece rate, and per assignment (e.g., referees) must earn at least minimum wage when wages are averaged for the work week
Children working for parents, children working as performers, and most farm workers exempt
Applies to undocumented workers (cannot knowingly hire illegals and break the law because they are illegal)
Immigration Reform and Control Act
Employers, citizens, and non-citizens
Does not require investigation, just reasonable assurance the documents are valid
Also prohibits discrimination in employment on basis of national origin or citizenship
Two BFOQs established under IRCA: a) citizenship for specific jobs and public policy functions and b) English proficiency when necessary to carry out essential functions
LAW
Scope/Main provisions; e.g. what the law protects/prohibits
Coverage--Types of employers (public, private, or all)
Coverage--Size of employer required for coverage
Coverage--Who the law protects
ALL
>=15 employees
1) Prohibits discrimination based on a disability
(ADA)
2)
3) Includes those covered to include "record of such impairment"
4)
5)
6)
7) Whistleblower protection/prohibits retaliation
Rehabilitation Act
ALL
1) Prohibits discrimination based on a disability
2)
3)
4) Reasonable accommodation unless undue hardship happens
5)
WARN Act
Private
>=100 employees
1) 60 days advance notice for plant closings and mass layoffs
Americans with Disability Act (ADA)
Those employees and candidates for employment who are able to perform essential duties of the job with reasonable accommodation
Defines disability as physical or mental impairment that substantially limits one or more major life activities
Also includes those covered to include perceived as having such an impairment
If person's condition poses direct threat to safety of others, then he/she is considered not qualified for the job
Prohibits pre-employment medical testing; permissible after job offer (can be contingent) if testing appropriately assesses physical or mental standards required for job
Federal or those receiving federal assistance
Employees and candidates for employment who are able to perform essential duties of the job with reasonable accommodation
Disability defined as physical or mental impairment that substantially inhibits one or more major life activities
Federal government and federal government contracts with contracts over $10,000 take affirmative action with regards to disabled
Provides for technology accessibility (visual presentations must also have a auditory accompaniment)
Those employees affected by a plant
LAW
Scope/Main provisions; e.g. what the law protects/prohibits
Coverage--Types of employers (public, private, or all)
Coverage--Size of employer required for coverage
Coverage--Who the law protects
2)
3)
ALL
ALL
ALL
1)
2)
3)
4) Whistleblower provision/prohibits retaliation
1)
2)
3)
4)
affected by a plant closing or mass layoff
Requires multiple notices if reduction in workforces is done in a series of layoffs within a 90-day period; i.e., can't avoid notice by performing multiple smaller-scale layoffs
Doesn't apply for a) natural disaster, b) severe and unforeseen loss of capital, and c) company is failing and giving notice would prevent obtaining capital that would allow it to continue operations
Occupational Safety and Health Act (OSHA)
All employers must comply with all DOL safety and health requirements (compliance requirement)
Employers must provide a workplace free of recognized hazards likely to cause death or serious harm (general duty clause)
Allows for spot workplace inspections, imposes fines for rules violations, and ensures that continual training is taking place
Family Medical Leave Act (FMLA)
Private Sector Public Sector
>=50* ALL
ALL employees (except "key" employees)
12 weeks unpaid leave if 1250 hours worked in the 12 months preceding leave for birth, adoption, or placement of new foster child AND/OR serious health condition of the employee, employee's spouse, son, daughter or parent
*If multiple work sites, more than 50 within a 75 mile radius also covered
Amended to allow 26 weeks for qualifying family members of a veteran seriously injured in line of duty
Employer allowed to create policy for requesting FMLA and follow with proper disciplinary procedure if not followed
Upon return from leave, employee entitled to same or substantially the same position held prior to leave
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LAW
Scope/Main provisions; e.g. what the law protects/prohibits
Coverage--Types of employers (public, private, or all)
Coverage--Size of employer required for coverage
Coverage--Who the law protects
5)
Does not cover bereavement or protect against layoffs or termination for cause
LAW
Scope/Main provisions; e.g. what the law protects/prohibits
Coverage--Types of employers (public, private, or all)
Coverage--Size of employer required for coverage
Coverage--Who the law protects
N/A
1)
2) Summary Plan Document within 90 days of employment
3)
ALL
>=20 employees
1)
2)
3)
4) Exiting employee has 60 days to exercise COBRA rights
ALL
ALL
1)
2)
3)
Employee Retirement Income Security Act (ERISA)
Private sector employers that offer plans--does not apply: tax-
exempt churches, workers' compensation plans, or foreign plans for non-
resident aliens
All workers with a pension plan or retirement savings account Employers must provide correct information about benefits, deliver promised benefits, provide a review for disputes, manage employee funds with light level of care, abstain from interference of employee benefit rights, specify premiums and copays, and identify the administrator and any factors that may impact benefits=Summary Plan Document
Establishes minimum standards and requirements that the pension plan must meet
The Consolidated Omnibus Budget Reconciliation Act (COBRA)
ALL with health insurance options
Benefit coverage extends 18 months after qualifying event--an event that causes an employee to lose group health coverage; e.g., termination, reduction in hours (special causes can increase coverage period)
Employee/former employee is responsible for premium plus a small administration fee (up to 2% of the premium)
Employers must notify existing employees of their rights under COBRA
The Health Insurance Portability and Accountability Act (HIPAA)
ALL entities that process medical information or deliver health care services or benefit plans
Cannot release private medical data without the permission of the individual covered
Companies may develop organization-wide privacy policies and procedures and inform all employees of them
Electronic, physical, and other methods must be implement to protect the security of health records
LAW
Scope/Main provisions; e.g. what the law protects/prohibits
Coverage--Types of employers (public, private, or all)
Coverage--Size of employer required for coverage
Coverage--Who the law protects
Whistleblower Protection Act
Public-Federal
ALL
ALL
1)
2) Protects whistleblower from retaliation
ALL
ALL
1) Protects against discrimination based on military service
2)
Military employees can leave jobs to perform military service
3)
4)
Public
ALL
ALL
1)
2)
3)
Privacy Act of 1974
Public-Federal
ALL
Federal Employees
1) Governs release of private information about public employees
2)
3) Duty on employer to ensure privacy and accuracy
Drug Free Workplace Act
contracts > $100k
ALL
1) Maintain drug-free workplaces
Employee must provide written explanation of how wrongdoing involved the mismanagement, waste, or abuse of public funds, or posed a danger to safety and health of public
Uniformed Services Employment and Re-
Employment Rights Act (USERRA)
Employee Reservists and National Guard--non-
career service military
Service employees entitled to reinstatement and employment benefits if they a) gave employer notice of service, b) absence is less than five years, and c) submitted application for re-
employment within designated time period
Employers not required to reinstate if a) employer's circumstances have changed and re-employment would be unreasonable, b) re-employment would cause undue hardship, and/or c) initial employment was brief or nonrecurring
Fourth Amendment to the Constitution of the United States
Prohibits unreasonable governmental searches into the private affairs of employees
Often at issue is the definition of personal space and what would be a reasonable expectation
Drug testing--considered a governmental search so employer must have reasonable suspicion employee is engaged in illegal drug use
Employees have access to personnel files, a method to correct erroneous information in the file, and power to prevent release of information in the file
Federal Contractors
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LAW
Scope/Main provisions; e.g. what the law protects/prohibits
Coverage--Types of employers (public, private, or all)
Coverage--Size of employer required for coverage
Coverage--Who the law protects
2) Provide education and enforcement of drug-free policies
3) No provision for drug-testing
ALL
ALL
1)
2)
3)
Fair Credit Reporting Act (FCA)
ALL
ALL
ALL
1)
2)
3)
4) Employee/applicant has chance to correct any erroneous info
The Norris-LaGuardia Act
ALL
ALL
1) Established legitimacy of unions and organizing efforts
2) Relevance of employment to worker > worker to firm
3)
4)
Contractors
Employee Polygraph Protection Act
Private (some national defense, security contractors, FBI, private security firms, and pharmaceutical firms may be exempt)
Prevents employers from using polygraph tests for employment recruiting and retention purposes
Allowed if employee is suspected to be involved in a situation that caused the business harm or money
Can't use to investigate drug use, for theft among co-workers, accidents, or routine shortages in inventory or cash drawers
Relates to medical records or payments, residential or tenant history, check writing history, employment history, and insurance claims
Must have written consent from applicant or employee; if applicant refuses, employer does not have to hire him/her
If info leads to adverse decision, employer must furnish the employee/applicant with negative information and rights under the law
Employees who belong to a union or wish to belong to a union
Collective bargaining was the only way workers could affect meaningful change in the conditions of their employment
Curtailed the use of federal courts to intervene or issue injunctions in labor disputes
LAW
Scope/Main provisions; e.g. what the law protects/prohibits
Coverage--Types of employers (public, private, or all)
Coverage--Size of employer required for coverage
Coverage--Who the law protects
5)
Private
ALL
1) Allowed workers to form unions
aka Wagner Act
2) Permitted collective bargaining
3) Allowed workers to strike
1) Sought to correct union over-reaching
2)
aka Taft-Hartley Act
3) Outlined unfair labor practices for unions
4)
5)
Labor Management Reporting
Private
ALL
1) Sought to empower union members and reduce corruption and Disclosure Act (LMRDA)
2) Created a union member "bill of rights"
aka Landrum-Griffin Act
>Right to attend meetings
>Right to vote in elections and on union business
>Right to vote for candidates in secret elections
3) Restraints on union practices
>Elections for officers every three years
>Candidates for office allowed access to voter rolls
>Process to address election irregularities
>Annual financial reports to DOL
Yellow dog contracts against public policy and made them unenforceable
National Labor Relations Act (NLRA) Employees who belong to a union or which to belong to a union
Labor Management Relations Act (LMRA)
Amended NLRA to protect a worker's right not to engage in concerted activity
Prohibited wildcat strikes, solidarity or political strikes, secondary boycotts, secondary and mass picketing, monetary donations by unions to federal political campaigns, and closed shops
Allowed executive branch of federal government to "strike break" if the strike interfered with national health or safety
Workers and unions covered by the NLRA and Railway Labor Act
>After union grievance process was exhausted, members could bring union to court and provide for due process
LAW
Scope/Main provisions; e.g. what the law protects/prohibits
Coverage--Types of employers (public, private, or all)
Coverage--Size of employer required for coverage
Coverage--Who the law protects
>Compelled to union democratic processes
>Standards for dues
>Fiduciary duty for officers, disclose conflicts of interest, and may be convicted with felony charges (federal crime to embezzle)
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nce Guide
Enforcement
2.1
EEOC
2.2
2.3
2.4, 2.5, 2.6
2.7
3.3
Same as Title VII
EEOC
3.4
EEOC
Textbook Reference
Remedies Available/Punishment for Violations
Up to 2 years of back pay for lost earnings, compensatory awards, punitive damages, return to job (or front pay if not realistic); employers may have to initiate an affirmative action plan
Unpaid back wages and may receive amount equal to back wages as liquidated damages (but technically no punitive damages)
Enforcement
Textbook Reference
Remedies Available/Punishment for Violations
4.1
EEOC
4.6
4.3
4.6
Same as those under ADEA
EEOC
Back wages and legal fees; liquidated damages if the employer acted willfully
Enforcement
Textbook Reference
Remedies Available/Punishment for Violations
10.3
9.1
Back wages owed and liquidated damages equal to wages owed, injunctions, willful violations may be instituted by Department of Justice, reinstatement, and recovery of legal fees
Department of Labor
Fines and/or criminal charges for employer
Immigration and Customs Enforcement (ICE) other agencies may get involved if there are other issues--FBI (terrorism), DEA (drug smuggling), DOL and Dept. of State (visas)
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Enforcement
Textbook Reference
Remedies Available/Punishment for Violations
7.3
Same as Title VII
EEOC
7.2
9.6
No specific
Injunctions, reinstatement with or without back pay and interest, attorney fees, and expert witness fees
Agency's EEO counselor, but employee can also see final judicial review or final decision by EEOC
Up to 60 days' pay for affected employees, fines
Enforcement
Textbook Reference
Remedies Available/Punishment for Violations
10.1
10.4
employees, fines
Fine, correction of hazard, and/or criminal penalties (imprisonment)
Occupational Safety and Health Administration
Back pay, reinstatement, front pay, accumulation of benefits, other monetary damages, liquidated damages, attorneys' fees, cost and interest
Department of Labor
Enforcement
Textbook Reference
Remedies Available/Punishment for Violations
10.5
10.6
DOL & IRS jointly
10.7
Money that should have been paid plus interest, clarification of future benefits
IRS, DOL, and Pension Benefit Guarantee Corporation (PBGC) jointly
Fines, fees, and payment of medical bills that would have been covered
Criminal and civil penalties for organizations and individuals who act willfully when sharing private medical information could face civil liability and criminal sanctions--
including prison time
Office of Civil Rights in the Health and Human Services Agency
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Enforcement
Textbook Reference
Remedies Available/Punishment for Violations
10.8
10.9
11.2
Federal Courts
may be omitted from evidence
11.2
Civil and criminal penalties
Federal Courts
11.4
Federal Courts
Whistleblower may receive 15-25% of proceeds/charge
Office of Special Counsel
Order of compliance, compensation for lost wages and benefits, and recovery of legal fees
Federal Secretary of Labor
Compensatory and punitive damages; any evidence obtained
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Enforcement
Textbook Reference
Remedies Available/Punishment for Violations
11.4
Fines
Federal Courts
11.7
Civil penalties, individuals can sue
12.2
See link: https://www.consu
mer.ftc.gov/articles
/pdf-0096-fair-
credit-reporting-
act.pdf
Injunctions, compliance, remedies related to loss
Arbitration, federal courts
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Enforcement
Textbook Reference
Remedies Available/Punishment for Violations
12.3
NLRB
12.4
NLRB
12.5
NLRB, DOL
"Make whole" or Informational requirements--NLRB does not assess penalties
"Make whole" or Informational requirements--NLRB does not assess penalties
Injunctions, compliance, remedies related to loss
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C233: Vocabulary Exercise
Term
General Overview
Example
"Disability" defined by ADA
"Key Employee" defined by FMLA
Agency
Appropriation of Image of Likeness
Assumption of Risk
Authorization cards
Bargaining unit
Bona Fide Occupational Qualification (BFOQ)
Breach of Duty
Business Necessity
Closed shop
Collective bargaining
Compensatory Time under FLSA
Compliance Requirement under OSHA
Concerted Activity under NLRA
Contributory Negligence
Defamation
Defined Benefit Plan
Defined Contribution Plan
Dual purpose mission
Due Diligence
Due process
Duty to bargain in good faith
Employer
E-verify
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Exempt Employee
Fellow Servant Rule
Fiduciary
Fiduciary Duty
Free-riders with regards to bargaining units
Frolic and detour
Gender Plus Discrimination
General Duty Clause under OSHA
Going and coming rule
Illegal bargaining subjects
Impasse
Integrated enterprise
Intrusion Upon Seclusion
Lock out
Major Life Activity defined by ADA
Mandatory bargaining subjects
Mass Layoff under WARN Act
Negligent Hiring
Negligent Retention
NLRB
Non-exempt Employee
Permissive bargaining subjects
Placement in a False Light
Plant Closing under WARN Act
Precedent
Prima Facie Case
Progressive Discipline
Public Disclosure of Private Facts
Reasonable Accommodation
Respondeat Superior Doctrine
Retaliation
Reverse Discrimination
Right to work laws
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Scope of employment
Serious health condition under FMLA
Supremacy Clause
Tort
Undue Hardship
Unfair labor practice under NLRA
Vesting (in terms of pension plans)
Vicarious liability
Wildcat strike
Worker's Compensation
Workweek defined in FLSA
Yellow dog contract
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7.3
Google
1.2
11.3
10.1
12.8
12.3
2.3
9.5
9.6
12.4
12.6
10.3
10.1
12.3
10.1
9.5
10.5
10.5
1.2
9.4
12.5
12.6
1.4
9.2
Textbook Section
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10.3
10.1
10.5
10.5
12.4
1.2
3.2
10.1
1.2
12.6
12.8
1.4
11.3
12.8
7.3
12.6
9.6
9.4
9.4
12.3
10.3
12.6
11.3
9.6
1.1
Google
9.7
11.3
7.3
1.5
9.5
8.5
12.4
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1.2
10.4
1.1
1.2, 11.3
7.2
12.7
10.5
1.2
12.4
10.2
10.3
12.1
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Employment Law Governing the Employment Relationship
Section 1.5
Concept
Your Notes
Describe the three (3) exceptions to employment at will.
1)
2)
3)
Section 1.6
Concept
Your Notes
Describe constructive discharge.
What is an example of constructive discharge?
Describe how intentional interference with a contract may happen.
What is important for employers with regard to how they treat employees during termination?
How can an employer protect itself against a wrongful termination, termination based on discrimination, or retaliation claim?
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Employer Action
Violation of…
Feedback
Fires an employee just prior to that employee gaining "fully vested" statu
<--Select Response
Fires employee to avoid paying a large commission
<--Select Response
Fires an employee because he/she wouldn't "cook the books"
<--Select Response
Fires an employee for missing work due to jury duty
<--Select Response
<--Select Response
Fires an employee for filing a workers' compensation claim
<--Select Response
Fires employee for requesting FMLA
<--Select Response
<--Select Response
Fires an employee for participating in a sexual harassment investigation
<--Select Response
Manager ignores sexual harassment and employee quits because of it
<--Select Response
Order
Activity
Feedback
Employer responds to EEOC addressing employee's assertion of events
Please select response
Employee files compliant with EEOC
Please select response
Employee believes a discriminatory act occurred
Please select response
EEOC sends complaint to employer
Please select response
Please select response
EEOC examines employee's claim to determine whether a prima facie case exists
Please select response
Following are activities specifically related to the Labor Relations and Employment Law Competency. You will receive immediate feedback once you enter your answer.
Activity 1
: Match each act by an employer and the exception to employment-at-will that it may violate. Note: some are used more than once.
Fires an employee even though the discipline policy in the employee handbook wasn't followed
During a performance review, supervisor tells employee she is doing a great job and will have her job for a long time
Activity 2
: Order the steps of filing a discrimination complaint with the EEOC by numbering the activities below (use 1-6).
EEOC decides to pursue further with more investigation and pursuit of settlement or issuance of a "Right to Sue" letter, which gives employee the right to seek private counsel and sue the employer
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Labor Relations and Employment Law
Section 12.3
Concept
Your Notes
Section 12.7
Concept
Your Notes
List unfair labor practices perpetrated by an employer.
1)
2)
3)
4)
5)
List unfair labor practices perpetrated by unions.
1)
2)
3)
4)
5)
6)
Section 12.8
Concept
Your Notes
1)
2)
3)
4)
5)
What is the National Labor Relations Board (NLRB) and what are its main functions?
List and describe the steps of the union organization process.
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What are some strategies for resolving labor disputes?
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Step
Activity
Feedback
Election agreement between union and employer
Order the Steps
Majority vote of those voting determines certification
Order the Steps
NLRB investigates to ensure it has jurisdiction, union is qualified, and no existing labor contracts exist
Order the Steps
Workers gather 30% interest from current employees expressing desire to join union
Order the Steps
NLRB approves
Order the Steps
Petition indicating 30% interest is submitted to NLRB
Order the Steps
NLRB conducts election
Order the Steps
Bonus Questions
Select Your Answer
Feedback
1
<--Select Answer
2
<--Select Answer
3
<--Select Answer
Bargaining Subject
Select from List
Feedback
Wages
Select Answer from List
Union Procedure for Ratifying Contracts
Select Answer from List
Union Attempt to Negotiate a Closed Shop Agreement
Select Answer from List
Hours
Select Answer from List
Following are activities specifically related to the Labor Relations and Employment Law Competency. You will receive immediate feedback once you enter your answer.
Activity 1
: Order the steps of the union organization process by selecting the appropriate activity from the drop down arrow for each step. Check your answer once you have placed the steps in the correct order.
What happens if there is a competing union that has 30% interest as well?
What happens if the parties cannot agree on election specifics?
What happens if either the employer or union interfere with employees' freedom of choice?
Activity 2
: Indicate whether each item listed below is considered a mandatory, permissive, or prohibited bargaining subjects according to NLRA.
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Attempts to modify the union certification
Select Answer from List
Corporate Social or Charitable Activities
Select Answer from List
Discriminatory Employment Practices
Select Answer from List
Annual Bonuses
Select Answer from List
Shift Premiums
Select Answer from List
Specifying When Workers May Strike
Select Answer from List
Changes to NLRA Standards
Select Answer from List
Pension Plans
Select Answer from List
Strike Settlement Agreements
Select Answer from List
Employer Controlled Pricing in Vending Machines
Select Answer from List
Action
Type of Protest
Feedback
Select response from list
Select response from list
Select response from list
Select response from list
Select response from list
Select response from list
Activity 3
: Match the action with the "type" of strike or protest it best represents.
Workers from Local 54 at All Toys, Inc. decide to strike without getting approval of the union
The union decides to strike because it wants higher profit sharing for All Toys, Inc. workers
During the collective bargaining process, the union and management cannot agree to terms related to shift premiums
Management at All Toys, Inc. is frustrated with the union's demands and refusal to bargain; therefore, replacement employees for the striking workers are hired
Workers at All Toys, Inc. strike because they believe management is not bargaining in good faith
Consumers refuse to buy products from All Toys, Inc. because they do not agree with its business practices
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Legal Issues Employment Relationship--U.S. Legal Environment
Section 1.1
Concept
Your Notes
What is common law and how does it get created?
Section 1.3
Concept
1)
2)
3)
Describe how the U.S. Constitution affects employment law.
List and describe the three tests used to determine independent contractor status
Explain why it is important for an organization to correctly identify which workers are "employees" versus independent contractors?
When might a contingent employee (or temporary worker) hired from an employment agency be considered an employee?
What action(s) may require a volunteer to be classified as an employee?
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Section 1.4
Concept
Your Notes
1)
2)
3)
4)
Section 1.5
Concept
Your Notes
Define employment-at-will
Section 1.2, 1.5
Concept
Your Notes
Agency
Example:
Implied Contracts
Example:
Explicit Contracts
Example:
Union Contract
Which members of an organization's leadership are exempt from employee status?
List the factors used to determine whether two or more firms are considered an integrated enterprise
Describe and give examples of the following types of employment contracts:
How might the employee handbook affect the employment contract?
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Read each situation/question carefully, then select the concept that most closely identifies with it from the
Scenario
Your friend, Rashad, asks you to borrow $100 and states he will pay you back next week.
A person who works for an organization for a wage or salary.
Roe v. Wade was decided at the Supreme Court level and thus became "law."
No employment law can override this.
Following are activities specifically related to the Labor Relations and Employment Law Compete
your answer.
Your friend, Missy at Big Box, Inc. calls you to get knowledge on Bobby Boxer an applicant she is considering. You are hesitant to provide any information because you are worried about repercussions, but Missy explains to you that you are protected under the law as long as you keep your comments related to the work Bobby performed while he was employed at your organization.
You hire Miquel and during his offer interview, you state that the salary is $62,000 per year. After six months, Miquel's supervisor decides he is not right for the job or organization and fires him. Miquel believed he would be there for a year because of how his salary was quoted.
You are the HR Generalist for Little Manufacturing Co. A big project just came in and your boss has directed you to deny all FMLA leave requests. You explain that you can't do that because Little Manufacturing has 75 employees and is bound by law to offer FMLA to eligible employees with qualifying events. Your boss storms off in a huff. A week later, Saree, a full-time supervisor in the accounting department requests FMLA due to her impending labor and provides documentation from her doctor. You grant her the leave and then are subsequently fired.
This allows you to quit your job without repercussions and also allows the employer to fire you at any time for any legal reason; i.e., no notice is required by either side when terminating the employment relationship.
ABC Company and XYZ Corporation share a CEO and HR Director and both use the same employee manual.
The test that bases the determination of independent contractor status on whether the worker supplies his/her own protective equipment.
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e drop down list.
Applicable Concept
Feedback
Select answer from list
Select answer from list
Select answer from list
Select answer from list
Select answer from list
Select answer from list
Select answer from list
Select answer from list
Select answer from list
Select answer from list
ency. You will receive immediate feedback once you enter
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The U.S. Legal Environment & The Employment Relationship
Section 9.2
Concept
Your Notes
Section 10.4
Concept
Your Notes
What are qualifying events for FMLA leave?
Sections 11.2 & 11.3
Concept
Your Notes
What are potential limitations to employee privacy?
Section 11.4
Concept
Your Notes
Drug/Alcohol Testing
Medical Testing
Polygraph Testing
Explain employer's use of E-verify and how it ascertains worker eligibility
Summarize the employee's responsibility when requesting FMLA leave.
What limitations or requirements may an employer impose on employees requesting FMLA leave?
Describe regulations/employer concerns pertinent to the following types of employee testing:
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Following are activities specifically related to the Strategies for the Workplace to Limit Risk Competency. You will receive immediate feedb
Activity 1: For each of the scenarios listed below, select the type of testing from those listed that would be appropriate under the law.
Scenario
Testing Allowed
Activity 2: Fill in the blank using the word list at the right. The word will have to be spelled correctly (including spaces and special characters li
A jewelry store in the mall has noticed over time small amounts of jewelry have gone missing. The employer decides to conduct an investigation and wants to interview employees.
A transportation company is hiring for new drivers. The company already runs a driving record background check.
The job of the firefighter is very physically demanding and requires lifting, running, climbing, lifting, and long periods of strenuous activity.
Pollyanna Co. has an ethics code of which it is extremely proud. It wants to ensure any candidates who it interviews are also ethical and will identify with its ethics policy.
Before Hullabaloo Inc. decides on medical insurance premiums for its employees, it wants to assess the health of current employees to determine if they have pre-existing conditions or if they are likely to develop diseases in the future.
Phil, an employee at Ooopsie, LLC had an accident on the job. Ooopsie immediately decides to investigate. Which test would be most appropriate under the circumstances?
Big Box Super Store wants to inspect employee lockers that it provides including all of the contents.
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1)
Salaried employees are not necessarily ___________________________________ under the FLSA.
2)
Under FMLA, ______________________________ may be denied leave if that leave will impede business operations.
3)
Under the FLSA, employers define this 7-day consecutive period as the __________________________________. 4)
Kenya may not be entitled to any additional leave if her employer has fewer than ____________________________ employees.
5)
Under OSHA's _______________________________, employers are required to provide a workplace of known hazards.
6)
To check an employee's eligibility to work in the United States, employers often use __________________________.
7)
Juan, Kenya's husband, wants to take two weeks off when the baby comes home. He may be entitled to leave under _____________________.
8)
An employee who reports a wrong, is considered a ________________________ and is protected from retaliation under OSHA.
9)
Under FMLA, eligible employees are entitled to 12 weeks of __________________________ leave.
10)
If a worker files a claim under ___________________________, he/she gives up the right to sue the employer.
11)
This is a type of insurance, so employers often will investigate claims and try to deny claim to keep costs down:__________________________
12)
Because a tornado decimated Blah Blah Inc.'s plant and forced it to close, the _________________________ does not apply.
13)
14)
Under IRCA, employees must be eligible to work in the United States and requires employers to complete an ___________________________.
15)
16)
17)
18)
__________________________ defines dangerous occupations and regulates what types of jobs workers under 16 may have.
19)
Because of ___________________________, employers are permitted to investigate a prospective employee's credit history.
20)
___________________________________ may not be entitled to overtime under FLSA.
21)
What requires employers to perform due diligence in ensuring prospective employees are eligible to work in the United States?
The interest of Uncle Sam outweighs and individual's right or the protection of the greater good outweighs an individual's right are common phrases when we refer to _____________________________.
Kenya, an Administrative Assistant, just had a baby. She used all of her PTO time but wants to stay home a bit longer. She may be entitled to leave because of ________________________.
Megan has applied at Boo Corp. Boo Corp calls her previous employer and asks about her work habits and history. Her previous employer does not divulge her numerous accidents on the job or her three separate violent interactions with co-workers. Boo Corp, not hearing anything negative decides to hire Megan, who then assaults and injures her supervisor. In this example, Megan's previous employer could be liable based on __________________________________.
Blah Blah Inc. employs 140 employees in Michigan. On Wednesday, they all showed up to work to find the gates padlocked and a sign that said, "Blah Blah Inc. regrets that because of business conditions, we have been forced to relocate to Alabama. Visit our website to continue enjoying our quality products." Blah Blah Inc. has most likely violated the ___________________________.
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back once you enter your answer.
Feedback
<--Select Answer
<--Select Answer
<--Select Answer
<--Select Answer
<--Select Answer
<--Select Answer
<--Select Answer
ike apostrophes and hypens, but capitalization is not important).
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Your Answer
Feedback
WORD LIST
Type a word from the list
General Duty Clause
Type a word from the list
key employees
Type a word from the list
unpaid
Type a word from the list
FMLA
Type a word from the list
50
Type a word from the list
40
.
Type a word from the list
E-verify
Type a word from the list
Nothing
Type a word from the list
IRCA
Type a word from the list
Workers' Compensation
Type a word from the list
Whistleblower
Type a word from the list
Privacy
Type a word from the list
.
Type a word from the list
I-9 Form
Type a word from the list
Fair Credit Reporting Act
Type a word from the list
Type a word from the list
Type a word from the list
Type a word from the list
Type a word from the list
Type a word from the list
Negligent Reference Warn Act
NLRA
Exempt Employees workweek FLSA
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Strategies for the Workplace to Prevent Discrimination and Limit Employer Risk
Section 1.3
Concept
Your Notes
Sections 2.3 & 2.4
Concept
Your Notes
Section 2.5
Concept
Your Notes
Section 3.1
Concept
Your Notes
Sections 3.6 & 3.7
Concept
Your Notes
Describe the two types of sexual harassment
1)
2)
How would an HR professional determine whether an employment law is applicable to his/her employer?
Explain the difference between disparate impact (aka adverse impact) and disparate treatment (aka adverse treatment)
Explain how to measure unlawful disparate impact using the four-fifths (4/5) rule (aka the 80% rule).
How would an employee establish a prima facie case for gender discrimination?
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Sections 4.3, 4.4, 4.5 & 4.6
Concept
Your Notes
When are employers allowed to force retirement?
Section 5.3
Concept
Your Notes
Section7.3
Concept
Your Notes
1)
2)
3)
How would an employee establish a claim of age discrimination under the ADEA?
Describe what is meant by a "reasonable factor other than age"
What is used to determine whether an employment practice was based on a reasonable factor other than age?
What are some applicable employer defenses to age discrimination claims?
What is important for the employer to consider after an employee makes a request for accommodation because of religious reasons?
What is an employer's responsibility for accommodating shift changes for those requesting days off due to religious observance?
List the steps in making a reasonable accommodation under the ADA.
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4)
5)
6)
Sections 8.2, 8.3, & 8.4
Concept
Your Notes
Describe Affirmative Action
Who must practice Affirmative Action?
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"Passes" or Number of Applicants Who Were Successful
Group
# Applicants
Interview
Job Offers
Feedback
Caucasian Males
50
47
45
38
36
31
31
<-- Select Answer
Caucasian Females
48
46
45
40
39
37
37
<-- Select Answer
African-American Males
25
20
17
16
14
12
12
<-- Select Answer
African-American Females
23
20
16
15
14
10
10
<-- Select Answer
Asian-American Males
15
13
11
11
9
8
8
<-- Select Answer
Asian-American Females
9
8
7
6
5
5
5
<-- Select Answer
Mexican-American Males
23
18
16
14
12
9
9
<-- Select Answer
Mexican-American Females
19
16
14
10
9
7
7
<-- Select Answer
Arab-American Males
11
8
6
3
1
1
1
<-- Select Answer
Arab-American Females
5
1
1
1
1
1
1
<-- Select Answer
Would you like a hint?
Select Yes for a hint
Statement
Select Your Answer from the Drop Down
Feedback
Following are activities specifically related to the Strategies for the Workplace to Limit Risk Competency. You will receive immediate feedback once you enter your answer.
Activity 1:
No-Brainer Company uses a selection process that includes an application/resume review, a phone screen, an in-person interview, a per
test, and a credit review. The EEOC was recently notified by a candidate that No-Brainer may be discriminating against certain protected classes du
interview process. The EEOC then sent the complaint to No-Brainer and asked that the company provide data to address the complaint. No-Brainer
reviewed its hiring practices' data for the previous three years, which appears below. Calculate whether disparate impact exists given the following
using the pass rates based on number of applicants and success in the interview. Select "Yes" or "No" from the drop down.
Ap/Resume Review
Phone Screen
Personality Test
Credit Review
Might Disparate Exist?
Activity 2
: Match each statement with it's likely applicable law or corresponding vocab word.
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I can't believe they hired that kid out of college when James has 20 years experience.
Please select your I'm not going to hire any women.
Please select your If you would like a new chair because of back problems, please provide a doctor's note.
Please select your If you sleep with me, I'll let you choose your next assignment.
Please select your We have to do a credit check for anyone working in our plant.
Please select your Marquis got hurt and now cannot groom himself without assistance.
Please select your If I give Sasha every Saturday off because of religious reasons, Andre then has to work.
Please select your These lewd, bias jokes are inappopriate and happen too much!
Please select your We are going to "right" the "wrongs" of the past at Right Way, Inc.
Please select your You have to be a woman to be a ladies' washroom attendant at Fancy, Inc.
Please select your I'm a woman, was qualified, applied for that job, was denied, but they kept the posting up.
Please select your
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r
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rsonality uring the r then g data
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answer
answer
answer
answer
answer
answer
answer
answer
answer
answer
answer
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