Employment Law, Employee Rights, and Global HR Flashcards

Comprehensive vocabulary flashcards covering employment-at-will, labor relations, compensation strategies, benefits, safety regulations, and global HR concepts.

Employment-at-Will (EAW)

A legal concept where employers can fire employees at any time for almost any reason, and employees can quit at any time.

Public policy exception

A limitation on Employment-at-Will where an employer cannot fire an employee for illegal reasons, such as refusing to break the law.

Implied contract

An exception to Employment-at-Will where unwritten promises or job security statements override the ability to fire at will.

Good faith and fair dealing

A legal requirement in some states that employers cannot act maliciously or avoid paying earned compensation when terminating an employee.

Just Cause

A standard used primarily in union environments to justify discipline or discharge through seven specific tests of fairness.

Notice (Just Cause Test 1)

Determines if the company gave the employee forewarning or foreknowledge of the possible disciplinary consequences of their conduct.

Reasonable rule (Just Cause Test 2)

Determines if a managerial order was related to the efficient and safe operation of the business and the performance expected of the employee.

Investigation (Just Cause Test 3)

The effort made by a company before administering discipline to discover if the employee did in fact violate a rule or order.

Fair investigation (Just Cause Test 4)

The requirement that a company's investigation be conducted objectively, utilizing facts and figures rather than emotional reactions.

Substantial evidence (Just Cause Test 5)

A large body of circumstantial information showing an individual probably committed an offense; it does not have to meet court standards of proof.

Equal treatment (Just Cause Test 6)

The requirement that a company applies its rules, orders, and penalties evenhandedly and without discrimination to all employees.

Appropriate discipline (Just Cause Test 7)

Ensuring the degree of discipline is reasonably related to the seriousness of the offense and the employee's service record.

Right to Life & Safety

The ethical and legal right of employees to have a safe workplace as protected by OSHA.

Right to Free Consent

The right of an individual to know and understand requested tasks and outcomes, performing them voluntarily without coercion.

Right to Privacy

The right that limits monitoring of personal information and provides protection for personal lockers or email, while acknowledging they can be searched if necessary.

Right to Free Speech

The limited right of employees to voice concerns related to work without fear, though it does not protect behavior that harms the organization on social media.

Right to Due Process

The right to fair procedures, including knowing what one is accused of and seeing the evidence before discipline is administered.

Right of Freedom of Conscience

The principle that employees should not be required to do something that violates their personal values and beliefs, provided those beliefs reflect societal norms.

Corrective Action Process

A four-step process to fix behavior consisting of: (1) Verbal warning, (2) Written warning, (3) Suspension, and (4) Termination.

Wrongful Discharge

An illegal termination of an employee's contract.

Constructive Discharge

A situation where workplace conditions are so poor that an employee feels forced to quit.

Whistleblower

An employee who reports illegal or unethical behavior within an organization and is protected by law.

Expectancy Theory

A motivation theory expressed by the formula: $\text{Motivation} = ext{Expectancy} imes ext{Instrumentality} imes ext{Valence}$.

Direct Compensation

Monetary payments made to employees, such as base salary and wages.

Indirect Compensation

Non-monetary pay provided to employees, such as health insurance and Paid Time Off (PTO).

Intrinsic Compensation

The personal satisfaction or internal reward one feels from performing work, rather than monetary gain.

Lag Pay Strategy

A strategy where a company chooses to pay its employees below the current market rate.

Match Pay Strategy

A strategy where a company pays employees a rate equal to the market average.

Lead Pay Strategy

A strategy where a company pays employees above the market rate.

CPI (Consumer Price Index)

A economic indicator used to measure inflation over time.

COLA (Cost of Living Adjustment)

A pay increase automatically provided based on changes in the Consumer Price Index (CPI).

External Equity

The fairness of pay levels in an organization relative to what other companies are paying for similar jobs.

Internal Equity

The fairness of pay within an organization, ensuring employees are paid fairly relative to one another.

Job Evaluation

The process of ranking or determining the value of different jobs within an organization.

Comparable Worth

The principle of providing equal pay for jobs of equal value, even if the specific roles are different.

Wage Compression

A situation where there is only a small difference in pay between new employees and those with significant experience.

Variable Pay

Compensation that is tied directly to performance, shifting some financial risk to the employee.

Incentive Pay Types

Performance-based rewards including Bonuses (one-time), Commission (% of sales), Profit sharing, and Gainsharing (team-based).

Social Loafing

A disadvantage of group incentives where some individuals reduce their effort because they are part of a team.

PPO (Preferred Provider Organization)

A flexible health insurance plan that is generally more expensive but offers a wider network of providers.

HMO (Health Maintenance Organization)

A healthcare plan with a restricted network and lower costs.

FMLA (Family and Medical Leave Act)

Law providing up to $12$ weeks of unpaid, job-protected leave for specific family or medical reasons.

Cafeteria Plan

A benefits arrangement that allows employees to choose from a variety of different benefit options.

Defined Contribution Plan

A retirement plan, such as a 401k, where the employee contributes a specific amount.

Defined Benefit Plan

A retirement plan that provides a guaranteed payout to the employee upon retirement.

Vesting

The process by which an employee earns full ownership of employer-provided benefits over a period of time.

COBRA

A federal law allowing employees to continue their health insurance after leaving a job, provided they pay the full cost.

EAPs (Employee Assistance Programs)

Services provided by employers to help employees with personal issues like stress or addiction.

Workers' Compensation

Insurance providing benefits to employees who suffer job-related injuries.

FLSA (Fair Labor Standards Act)

Federal law that establishes minimum wage and overtime rules.

Davis-Bacon Act

A law requiring the payment of prevailing wages on federal public works projects.

NLRA (Wagner Act)

Legislation that protects the rights of workers to form unions and engage in collective bargaining.

LMRA (Taft-Hartley Act)

Legislation that placed limits on the power of labor unions.

Collective Bargaining Agreement (CBA)

A formal contract between a union and an employer outlining pay, work rules, and other conditions.

WARN Act

The Worker Adjustment and Retraining Notification Act, which requires employers to provide notice before mass layoffs.

OSHA Log 300

A log used by employers to provide an annual summary of workplace injuries.

OSHA Form 301

A detailed injury report that must be completed within $7$ days of a workplace incident.

Cumulative Trauma Disorders

Repetitive motion injuries that cause physical strain on the body, such as carpal tunnel.

Ethnocentrism

A global HR perspective where the home country's practices and culture are viewed as superior.

Polycentrism

A perspective where a company adapts its HR operations to the culture of the host country.

Geocentrism

A global HR approach that seeks to implement the best practices from around the world regardless of origin.

Parochialism

A narrow view of the world that ignores cultural differences.

Parent-Country Nationals

Employees who are from the country where the organization's headquarters is located.

Host-Country Nationals

Employees who are natives of the local country where a subsidiary is located.

Third-Country Nationals

Employees who are from a country other than the headquarters country or the host country.

Balance Sheet Approach

A global pay strategy designed to equalize living standards across different countries.