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A set of flashcards covering key terms and concepts from Employment and Labor Law, focusing on foundational laws, legal principles, and the structure of U.S. government as it relates to labor rights.
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Employment at Will
The doctrine allowing either the employer or employee to terminate the employment relationship at any time, with or without notice or reason, as long as it is not discriminatory or illegal.
Legislative Branch
The branch of U.S. government responsible for making laws, consisting of Congress, which includes the Senate and the House of Representatives.
Judicial Branch
The branch of government that interprets laws, consisting of the Supreme Court and other federal and state courts.
NLRA
National Labor Relations Act, a 1935 law that protects the rights of employees and employers, encourages collective bargaining, and curtails certain private sector activities that can harm the general welfare.
OSHA
Occupational Safety and Health Administration, a division of the Department of Labor that ensures safe and healthy working conditions.
Whistleblower
An employee who informs the public or authorities about the employer's illegal or unethical practices.
Employment Contract
A formal agreement that outlines the terms of employment, including offer, acceptance, and consideration.
Injunction
A court order that prohibits a party from taking specific actions or commands corrective actions to prevent harm.
Antitrust Laws
Laws designed to promote fair competition and prevent monopolies; include the Sherman Antitrust Act.
Commonwealth v Hunt (1842)
A landmark case which established that union activities were not inherently illegal, and that unionized workers could only be prosecuted if their means or ends were illegal.
Discrimination Exceptions
Circumstances under which an employee is protected from termination if it is based on discriminatory practices (e.g., Title VII, ADEA, ADA).
Retaliation
When an employee suffers an adverse employment decision for engaging in a protected activity or opposing a prohibited practice.