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MGT 391 - JSU - Mayfield - Exam 1 - Chapters 1-5
Constitutions
The most basic course of law
Constitutions
Address the relationships between the different levels of government (ie: states and federal government) and between governments and their citizens.
speech rights, freedom of religion, protection from unreasonable search and seizure, equal protection under the law, and due process rights.
Constitutional protections available to government employees include what?
Constitutional protections available to government employees
Speech rights, freedom of religion, protection from unreasonable search and seizure, equal protection under the law, and due process rights describe what?
4th Amendment of the Constitution
What constitutional amendment protects against unreasonable search and seizure?
statutes
What are laws that are enacted by legislative bodies of governments called?
Title VII of the Civil Rights Act
the National Labor Relations Act
the Equal Pay Act
Americans with Disabilities Act
Family and Medical Leave Act
Employee Retirement Income Security Act
What are some of the most important statutes that have implications for human resources practice?
executive
The _____ branch of government has the power to issue executive orders that affect the employment practices of government agencies and those who have contracts to provide goods or services to the government.
federal, state, local
The employment law systems is a patchwork of ______, ______, and _______ laws.
The U.S. Constitution
Statutes enacted by legislature
Executive orders issues by Presidents and Governors
Regulations created by administrative agencies
Judicially authored common law
Legal rules governing the workplace are found in:
Executive orders
Orders that affect the employment practices of government agencies and companies that have contracts to provide goods and services to the government.
statutes
The laws enacted by legislatures.
Constitutions
The most basic source of law addressing the relationships between different levels of government (e.g., states and the federal government) and between governments and their citizens.
regulations
A principle, rule, or law created by administrative agencies that is put in place only after an elaborate set of requirements for public comment and review has been followed.
employers provide safe work places.
Congress mandated in the Occupational Safety and Health Act that:
Occupational Safety and Health Administration (OSHA)
Who is over giving content to the Occupational Safety and Health Act by creating safety standards governing particular workplace hazards?
regulations
A principle, rule, or law created by administrative agencies that is put in place only after an elaborate set of requirements for public comment and review has been followed.
Yes
Yes or No:
Are regulations generally upheld by the courts if challenged?
Executive orders
___________ can be overridden by the legislative branch of government.
Establishes affirmative action requirements for companies that do business with the federal government
Executive Order 11246 created??
Executive Order 11246
Establishes affirmative action requirements for companies that do business with the federal government
Regulations
Put in place only after an elaborate set of comments for public comment and review has been followed
By the decisions that are brought before them when a regulation is challenged on the interpretation or understanding of the law. These admin decisions are known as guidelines that set the grounds for how the laws are interpreted.
Guidelines/Administrative decisions are decided how?
OSHA safety standards
_________ are an example of regulations that provide and make admin decisions on how the laws are decided.
common law
What are claims that enforce private agreements and to remedy certain types of harm?
Common law
__________ is defined by state courts, but broad similarities exist across states.
tort claims
A type of claim that is aimed to compensate persons who have been harmed.
Negligence, defamation, invasion of privacy, infliction of emotional distress, and wrongful discharge in violation of public policy.
What are the tort claims relevant to employment law?
Tort claims relevant to employment law
Negligence, defamation, invasion of privacy, infliction of emotional distress, and wrongful discharge in violation of public policy all describe what?
employment at will
A doctrine that states in the absence of a contract, an employee can be severed at any time, for any reason that is not specifically prohibited by law
Title VII of the Civil Rights Act of 1964
The set of protections for employees against discrimination based on their race, sex, and other grounds
Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Equal Pay Act, and the Americans with Disabilities Act
What are examples of federal law that prohibit discrimination in employment and express societal value of equal employment opportunity
tax laws
What is the first important reason to ensure whether or not someone is an employee?
