Employment Law and Labor Relations

Comprehensive flashcards covering key vocabulary, federal acts, and legal principles of employment and labor law.

Employment At Will

A principle that employers and employees are parties to an implied contract whereby either may terminate the contract at any time for any reason, with or without notice to the other.

Whistleblowing

Protection provided for people who have knowledge of illegal activity and are encouraged to report it without fear of retribution or losing their jobs.

Fair Labor Standards Act (FLSA)

A federal law passed in $1938$ that nationalized standards for pay, record keeping, and child labor for businesses with $2$ or more employees engaged in Interstate commerce.

Oppressive child labor

Defined by the FLSA as a condition where children under $14$ cannot work unless it is for a family business, babysitting, newspaper delivery, entertainment, or agriculture.

FLSA Child Labor Age Regulations

Under FLSA, $14$- and $15$-year-old children may work limited hours in nonhazardous jobs after school, while $16$- and $17$-year-olds may work unlimited hours in nonhazardous jobs.

FLSA Overtime Exemptions

Specific employee categories not entitled to overtime pay, including Executive, Administrative, Professional, Outside sales, and Computer workers.

Department of Labor (DOL)

The federal agency responsible for enforcing the FLSA and other federal wage and hour laws.

Family Medical Leave Act (FMLA)

Federal law guaranteeing employees up to $12$ weeks of unpaid leave each year for childbirth, adoption, or a serious health condition of their own or an immediate family member.

FMLA Eligibility

Applies to businesses with at least $50$ workers; employees must have worked for the company for at least $1$ year to be eligible.

Serious health condition (FMLA)

A condition requiring continued treatment by a health provider that results in at least $3$ days of incapacitation.

Occupational Safety and Health Act (OSHA)

Law requiring employers to provide a workplace free from recognized hazards likely to cause death or serious physical harm.

Employee Retirement Income Security Act (ERISA)

A law requiring employers to disclose information regarding the funding and vesting of pension plans, as well as employer-sponsored medical and disability programs.

Workers' Compensation Laws

A no-fault insurance system in every state providing disability and medical benefits to workers for injuries incurred at work at a reasonable cost to employers.

Exclusive remedy

A rule in workers' compensation where an employee who makes a claim may not sue the employer for the injury, except in cases of intentional harm or product liability.

Unemployment Compensation

A state-provided insurance program funded by employer taxes that provides a percentage of past earnings to qualified employees who are capable of and looking for work.

National Labor Relations Act (NLRA)

Federal law providing workers the right to organize, collectively bargain, and strike, while prohibiting unfair labor practices by employers and unions.

Union

An organization formed to negotiate with employers on behalf of workers collectively regarding salary, benefits, hours, and working conditions.

Feather bedding

An unfair labor practice prohibited by the NLRA where a union requires an employer to hire more employees than necessary.

Secondary boycott

A prohibited action against a third party who deals with an employer but has no direct contact with the union.

Duty of fair representation

A legal requirement for unions to treat all members fairly, impartially, and in good faith.

Authorization cards

Cards signed by employees stating they want a union to represent them; at least $30\%$ of the workforce must sign to petition the NLRB for an election.

Union Election Threshold

The NLRB designates a union as the exclusive representative if more than $50\%$ of the employees vote for the union.

Collective Bargaining Agreement (CBA)

A new employment contract created through negotiations between an employer and a union that regulates employment conditions.

Bargaining unit

A group of employees authorized to engage in collective bargaining on behalf of all employees within a company or industry sector.

Concerted Activity

An action concerning wages or working conditions taken by union members to gain a bargaining advantage, such as striking.

Strike

An organized cessation or slowdown of work by employees to compel an employer to meet their demands.

Sit down strike

An illegal strike where employees stop working but physically block replacement workers from taking their places.

Partial strikes

Illegal strikes where employees strike intermittently to disrupt operations while preventing the hiring of replacement workers.

Picketing

A demonstration by one or more employees outside a business to protest activities and pressure the employer to meet demands.

Lockout

Occurs when an employer closes a business or prevents workers from entering to pressure the union to bargain less aggressively; most are legal.

Grievance

A formal employee complaint regarding a violation of workplace policy or the collective bargaining agreement.

Grievance Procedure

The rules and process for documenting, presenting, and resolving workplace disputes, which may result in arbitration before the NLRB or a private arbitrator.