LGS 200- Abigail Hammond- Exam 4

Employment at will

A common law doctrine under which either party may terminate an employment relationship at any time for any reason, unless a contract specifies otherwise

Implied Employment Contract

Any organizational guarantee or promise about job security. Includes: handbooks, manuals, or oral promises

Whistleblowing

An employee's disclosure to government authorities, upper-level managers, or the media that the employer is engaged in unsafe or illegal activites

Whistle Blower Protection Act

Created for whistleblowers to seek protection from retaliatory discharge under federal and state statutes

Wrongful Discharge

An employer's termination of an employee's employment in violation of the law or an employment contract

Davis-Bacon Act

Requires contractors and subcontractors working on federal government construction projects to pay "prevailing wages" to their employees

Walsh-healey Act

Requires that a minimum wage, as well as over time pay at 1.5 times regular pay rates, be paid to employees of manufacturers or suppliers entering into contracts with agencies of the federal government

Fair Labor Standards Act (FLSA)

Extended wage-hour requirements to cover all employers engaged in interstate commerce or in producing goods for interstate commerce

Worker Adjustment and Retraining Notification (WARN)

Requires employer with at least 100 full time employees to provide 60 days notice before implementing a mass layoff or closing a plant that employs more than 50 full time workers

Family and Medical Leave Act (FMLA)

Allows employees to take time off work for family or medical reasons or in certain situations that arise from military service

Occupational Safety and Health Act

Created to protect worker and health. Its main aim was to ensure that employers provide their workers with an environment free from dangers to their safety and health, such as exposure to toxic chemicals, excessive noise levels, mechanical dangers, heat or cold stress, or unsanitary conditions.

OSHA Inspections

- OHSA compliance officers may enter and inspect the facilities of any establishment covered by the OSHA

- Employees may also file complaints of violations

Workers' Compensation Law

A state statute establishing an administrative procedure for compensating workers for injuries that arise out of, or in the course of, their employment, regardless of fault

Pension Benefit Guaranty Corporation (PBGC)

Provides timely and uninterrupted payment of voluntary private pension benefits

Vesting

The creation of an absolute or unconditional right or power

Employment Discrimination

Unequal treatment of employees or job applicants on the basis of race, color, national origin, religion, gender, age, or disability; prohibited by federal statutes

Protected Class

A group of persons protected by specific laws because of the group's defining characteristics, including race, color, religion, national origin, gender, age, and disability

Disparate-treatment discrimination

A form of employment discrimination that results when an employer intentionally discriminates against employees who are members of protected classes

Prima Facie Case

A case in which the plaintiff has produced sufficient evidence of his or her claim that the case will be decided for the plaintiff unless the defendant produces evidence to rebut it

Disparate-Impact Discrimination

Discrimination that results from certain employer practices or procedure that, although not discriminatory on their face, have a discriminatory effect

Race

interpreted broadly to apply to the ancestry or ethnic characteristics of a group of persons ex. Native Americans

National Origin

Refers to a person's birth in another country or his/her ancestry or culture ex. Hispanic

Pregnancy Discrimination

Women affected by pregnancy, childbirth, or related medical conditions must be treated the same as other persons not so affected but similar in ability to work

Post-Pregnancy Discrimination

An employer must continue to reasonably accommodate an employee's medical conditions related to pregnancy and childbirth, even after the pregnancy has ended.

Constructive Discharge

A termination of employment brought about by making the employee's working conditions so intolerable that the employee reasonably feels compelled to leave

Sexual Harassment

The demanding of sexual favors in return for job promotions or other benefits, or language or conduct that is so sexually offensive that it creates a hostile working environment

Sexual Harassment: Quid Pro Quo

Occurs when sexual favors are demanded in return for job opportunities, promotions, salary increases, or other benefits

Sexual Harassment: Hostile Environment

Occurs when a pattern of sexually offensive conduct runs throughout the workplace and the employer has not taken steps to prevent or discourage it

Tangible Employment Action

A significant change in employment status or benefits, such as an employee is fired, refused a promotion, or reassigned to a lesser position

Business Necessity

A defense to an allegation of employment discrimination in which the employer demonstrates that an employment practice that discriminates against members of a protected class is related to job performance

Bona Fide Occupational Qualification (BFOQ)

An identifiable characteristic reasonably necessary to the normal operation of a particular business

Seniority System

A system in which those who have worked longest for an employer are first in line for promotions, salary increases, and other benefits, and are last to be laid off if the workforce must be reduced

Statutory law creation

Created by legislatures

Administrative law creation

Created by administrative agencies

Administrative Agency

A federal or state government agency created by the legislature to perform a specific function, such as to make and enforce rules pertaining to the environment

Enabling Legislation

A statute enacted by Congress that authorizes the creation of an administrative agency and specifies the name, composition, purpose, and powers of the agency

Types of Agencies: Executive Agencies

-Include the cabinet departments of th executive branch

- Assist the president in carrying out executive functions

- Assists the subagencies within the cabinet departments

- Usually have a single administrator, director, or secretary (appointed) by the president

Types of Agencies: Independent Regulatory Agencies

- Outside the federal executive departments

- Presidents power is less pronounced

Agencies' powers include functions associated with:

- The legislature (rule making)

- The executive branch (enforcement)

- The courts (adjudication)

Legislative Rule

An administrative agency rule that carries the same weight as a congressionally enacted statute

Interpretative Rule

A nonbinding rule or policy statement issued by an administrative agency that explains how it interprets and intends to apply the statutes it enforces

Delegation Doctrine

A doctrine based on Article I, Section 8, of the U.S. Constitution, which has been construed to allow congress to delegate some of its power to make and implement laws to administrative agencies

Bureaucracy

A large organization that is structured hierarchically to carry out specific functions

Exhaustion Doctrine

The principle that a complaining party normally must have exhausted all available administrative remedies before seeking judicial review

Administrative Process

The procedure used by administrative agencies in fulfilling their three basic functions: rule making, enforcement, and adjudication

Rulemaking

The process by which an administrative agency formally adopts a new regulation or amends an old one

Notice-and-Comment rulemaking

An administrative rulemaking procedure that involves the publication of a notice of a proposed rulemaking in the Federal Register, a coment period for interested parties to express their views on the proposed rule, and the publication of the agency's final rule in the Federal Register

Inspections and Tests

- Gathering information through on-site inspections

- At other times, its used in place of a formal hearing to show the need to correct or prevent an undesirable condition

Types of Subpoenas: Ad Testificandum

Is a writ, or order, compelling a witness to appear at an agency hearing

Types of Subpoenas: Duces Tecum

Compels an individual or organization to hand over books, papers, records, or documents to the agency

Warrantless Searches: Highly Regulated Industries

Firms that sell firearms or liquor

Warrantless Searches: Hazardous Operations

Coal mines

Warrantless Searches: Emergencies

A warrantless inspection in an emergency situation is normally considered reasonable

Adjudication

The process of resolving a dispute by presenting evidence and arguments before a neutral third-party decision maker in a court or an administrative law proceeding

Negotiated Settlements

May involve a simple conversation or a series of informal confrences

Formal Complaints

If a settlement cannot be reached, the agency may issue a formal complaint against the suspected violator

Administrative Law Judge (ALJ)

One who presides over an administrative agency hearing and has the power to administer oaths, take testimony, rule on questions of evidence, and make determinations of facts

Hearing Order

1. Complaint

2. Answer

3. Hearing before Administrative Law Judge

4. Order of Administrative Law judge

5. Appeal to governing board of agency

6. Final Agency Order

7. Court review of agency decision

8. Court Order

Initial Order

An agency's disposition in a matter other than rule making

Final Order

The final decision of an administrative agency on an issue

Consumer Law

The body of statutes, agency rules, and judicial decisions protecting consumers of goods and services from dangerous manufacturing techniques, mislabeling, unfair credit practices, deceptive advertising, and other such practices

Deceptive Advertising

Advertising that misleads consumers, either by making unjustified claims about a product's performance or by omitting a material fact concerning the product's composition or performance

Puffery

Vague generalities and obvious exaggerations

Claims That Appear To Be Based on Factual Evidence

Advertising that appears to be based on factual evidence but, in fact, is not reasonably supported by evidence will be deemed deceptive

Claims Based on Half-Truths

- Meaning that the presented information is true but incomplete and may therefore lead consumers to a false conclusion

- Advertising that contains an endorsement by a celebrity may be deemed deceptive if the celebrity does not actually use the product

Bait-and-Switch Advertising

Advertising a product at an attractive price and then telling the consumer that the advertised product is not available or is of poor quality and encouraging him/her to purchase a more expensive item

Cease-and-Desist Order

An administrative or judicial order prohibiting a person or business firm from conducting activities that and agency or court has deemed illegal

Counteradvertising

New advertising that is undertaken to correct earlier false claims that were make about a product

Multiple Product Order

An order requiring a firm that has engaged in deceptive advertising to cease and desist from false advertising in regard to all the firm's products

Telephone Consumer Protection Act (TCPA)

- Prohibits telephone solicitation using an automatic telephone dialing system or a prerecorded voice

- Illegal to transmit unsolicited ads without the sender having established business relationship with the recipient or first obtaining the recipient's permission

- Enforced by the FFC

- Gives consumers a right to sue for either $500 for each violation or for the actual monetary losses resulting from a violation

"Cooling-off" Laws

Laws that allow buyers of goods sold in certain transactions to cancel their contracts within three business days

Label and Packaging Laws

- Labels must be accurate

- Labels must use words that are easily understood by the ordinary consumer

- In some instances, labels must specify the raw materials used in the product

- In other instances, the product must carry a warning

Truth-in-Lending Act

- Is the name commonly given to Title I of the Consumer Credit Protection Act

- Is administered by the Federal reserve Board

- Requires sellers and lenders to disclose credit and loan terms so that individuals can shop around for the best financing arrangements

Truth-in-Lending Act: Application

- TILA requirements apply only to those who, in the ordinary course of business, lend funds, sell on credit, or arrange for the extension of credit

- The law protects only debtors who are natural persons

Regulation Z

A set of rules issued by the Federal Reserve Board of Governors to implement the provisions of the Truth-in-Lending Act

The Fair Credit Reporting Act (FCRA)

Protects consumers against inaccurate credit reporting

Validation Notice

An initial notice to a debtor from a collection agency informing the debtor that he or she has thirty days to challenge the debt and request verification

Fixture

An item of personal property that has become so closely associated with real property that it is legally regarded as part of that real property

Fee Simple Absolute

An ownership interest in land in which the owner has the greatest possible aggregation of right, privileges, and power

Life Estate

An interest in land that exists only for the duration of the life of a specified individual, usually the holder of the estate

Conveyance

The transfer of title to real property from oner person to another by deed or other document (creates a life estate)

Waste

The use of real property in a manner that damages or destroys its value

Concurrent Ownership

Joint ownership

Concurrent Ownership: Tenancy in Common

Joint ownership of property in which each party owns an undivided interest that passes to his/her heirs at death

Concurrent Ownership: Joint Tenancy

Joint ownership of property by two or more co-owners in which each co-owner owns an undivided portion of the property

Concurrent Ownership: Tenancy by the Entirety

Joint ownership of property by a married couple in which neither spouse can transfer his/her interest in the property without the consent of the other

Concurrent Ownership: Community Property

A form of concurrent property ownership in which each spouse owns an undivided one-half interest in property acquired during the marriage

Leasehold Estate

An interest in real property that gives a tenant a qualified right to possess and/or use the property for a limited time under a lease

Fixed-Term Tenancy

A type of tenancy under which property is leased for a specified period of time, such as a month, a year, or a period of years; also called a tenancy for years

Periodic Tenancy

A lease interest in land for an indefinite period involving payment of rent at fixed intervals, such as week to week, month to month, or year to year

Tenancy at Will

A type of tenancy that either the landlord or the tenant can terminate without notice

Tenancy at Sufferance

A tenancy that arises when a tenant wrongfully continues to occupy leased property after the lease has terminated

Nonpossessory Interest

An interest that involves the right to use land but not the right to posses it

Nonpossessory Interest: Easement

A nonpossessory right, established by express or implied agreement, to make limited use of another's property without removing anything from the property. Includes easements, profits, and licenses

Nonpossessory Interest: Profit

In the context of real property, the right to enter onto another's property and remove something of value from that property

Implication

A way of creating an easement or profit in real property when it is reasonable to imply its existence from the circumstances surrounding the division of the property

Necessity

A way of creating an easement when one party must have the easement in order to have access to his/her property

Prescription

A way of creating an easement or profit in real property by openly using the property, without the owner's consent, for the required period of time

License

A revocable right or privilege of a person to come on another person's land

Type of Interest: Ownership Interests

1. Fee Sample

2. Life Estate

3. Concurrent ownership

a. Tenancy in Common

b. Joint Tenancy

c. Tenancy by the Entirety

d. Community Property