C233 Study Guide Students- 11-2021

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Western Governors University *

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C233

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Law

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Jan 9, 2024

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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 r r r r r r r r r 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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