Employment Laws and Fair Labor Practices Flashcards

Flashcards covering key employment laws, acts, regulations, and court cases from the lecture notes.

Affirmative Action Plans (AAPs)

Annual documents required for federal contractors and subcontractors with at least 50 employees to ensure equal employment opportunity and outreach.

Executive Order 11246 AAP

Covers women and minorities; required for establishments with 50 or more employees and a government contract of at least $50,000$.

Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) AAP

Covers protected veterans and is required for contractors with 50 or more employees and a contract of at least $150,000$.

Protected Veterans

Categories including disabled veterans, recently separated veterans (within a three-year period), active duty wartime or campaign badge veterans, or armed forces service medal veterans.

Section 503 of the Rehabilitation Act of 1973 AAP

Covers individuals with disabilities; required for contractors with 50 or more employees and a contract of at least $50,000$.

Job Group Analysis

Component of an AAP that places job titles with similar content, wages, and opportunities into groups for analysis.

Placement Goals

Objectives or targets established when the percentage of minorities or women in a job group is less than reasonably expected based on availability; they are not quotas.

Utilization Goal (Section 503)

A specific employment goal of $7\%$ for qualified individuals with disabilities within each job group of a contractor's workforce.

Age Discrimination in Employment Act (ADEA)

Prohibits individual discrimination against persons 40 years of age or older; applies to entities with 20 or more employees.

Older Worker Benefit Protection Act (OWBPA)

An amendment to the ADEA prohibiting discrimination in benefit plans and specifying conditions for legal waivers of rights in severance agreements.

Americans with Disabilities Act (ADA)

Protects qualified persons with disabilities and requires covered entities ($15$ or more employees) to provide reasonable accommodations unless they cause undue hardship.

Major Life Activity

Fundamental functions defined by the ADA and its 2008 amendments, categorized as general activities (e.g., walking, learning) and major bodily functions (e.g., immune system, cell growth).

Mitigating Measures

Devices or treatments (except for ordinary glasses or contact lenses) that may not be used to limit an individual's definition of disability under the ADA Amendments Act.

Disparate Treatment

An unlawful employment practice occurring when an employer treats some candidates or employees differently than others based on protected characteristics.

Disparate Impact

Employment practices that appear fair on the surface but result in an adverse impact on members of protected classes, even without discriminatory intent.

Title VII of the Civil Rights Act of 1964

Federal law prohibiting discrimination in employment based on race, color, religion, national origin, and sex.

Bona Fide Occupational Qualification (BFOQ)

A limited exception to Title VII and ADEA where characteristic-based hiring is reasonably necessary to the normal operation of a specific business.

Equal Employment Opportunity Act of 1972 (EEOA)

Gave the EEOC litigation authority to sue nongovernmental entities and extended Title VII coverage to educational institutions and governments.

Pregnancy Discrimination Act of 1978 (PDA)

Clarifies that discrimination based on pregnancy, childbirth, or related medical conditions is an unlawful employment practice under Title VII.

Pregnant Workers Fairness Act (PWFA)

Effective June 27, 2023, it mandates that employers provide reasonable accommodations for workers affected by pregnancy or childbirth unless it causes undue hardship.

Civil Rights Act of 1991

Provided appropriate remedies, including punitive and compensatory damages, for intentional discrimination and codified the concept of business necessity.

Employment at Will

Common law doctrine allowing either the employer or the employee to terminate service for any cause or without cause, provided it does not violate statutory or contract law.

Respondeat Superior

A Latin term meaning 'let the master answer,' establishing that an employer is liable for the actions of its employees within the scope of their employment.

Constructive Discharge

Occurs when an employer makes the workplace so hostile and inhospitable that a reasonable person would feel compelled to resign.

Malicious Defamation

Deliberate damage to a former employee's reputation in the community by an employer, often occurring during reference checks.

Fair Use Doctrine

Provisions under the Copyright Act allowing limited use of protected materials for criticism, news reporting, or teaching without permission.

Davis–Bacon Act of 1931

Requires federal construction contractors with contracts of $2,000$ or more to pay at least the local prevailing wage.

Drug-Free Workplace Act of 1988

Applies to businesses with federal contracts of $100,000$ or more, requiring a written policy, awareness programs, and reporting of workplace drug convictions.

EEO-1 Survey

An annual report (due September 30) for private employers with 100 or more employees or federal contractors with 50 or more employees to report workforce demographic data.

Employee Retirement Income Security Act of 1974 (ERISA)

Sets standards for private pensions and group welfare programs, requiring reporting through SPDs and Form 5500.

Vesting

The point at which employees own the contributions their employer has made to their pension plan.

Cliff Vesting

A vesting schedule where participants become $100\%$ vested after a specified period of time (maximum of 5 years under ERISA).

Prudent Person Standard of Care

Common law concept requiring fiduciaries to manage pension funds with the same care, skill, and diligence that a prudent person acting in a similar capacity would use.

COBRA

Requires businesses with 20 or more employees to provide health plan continuation coverage for 18, 29, or 36 months following certain qualifying events.

Health Insurance Portability and Accountability Act (HIPAA)

Prohibits health status-based discrimination and regulates Protected Health Information (PHI) privacy.

Executive Order 12989

Requires qualifying federal contractors to electronically verify employment authorization, typically through E-Verify.

Fair Credit Reporting Act of 1970 (FCRA)

Regulates the use of consumer reports for employment decisions and requires candidate disclosure and written authorization.

Fair Labor Standards Act (FLSA)

Establishes minimum wage, overtime pay ($1.5$ times regular rate), child labor limits, and recordkeeping requirements.

Compensable Time

Time for which an employee must be paid, including all hours 'suffered or permitted' by the employer to work.

Executive Exemption

FLSA status for employees who manage an enterprise (or subdivision), direct the work of at least two employees, and have hiring/firing authority.

Salary Threshold (2024 Update)

As of July 1, 2024, the minimum salary for exempt executive, administrative, and professional employees is $844$ per week ($43,888$ annually).

Safe Harbor Provision (FLSA)

Protects employers from losing exemption status due to improper payroll deductions if they have a clear policy, reimburse employees, and commit to future compliance.

Equal Pay Act (EPA) of 1963

Prohibits sex-based wage discrimination for jobs requiring equal skill, effort, and responsibility under similar working conditions.

Family and Medical Leave Act of 1993 (FMLA)

Provides eligible employees at covered organizations up to 12 weeks of unpaid leave for family or medical reasons with job protection and benefit continuation.

Key Employee (FMLA)

A salaried employee among the highest-paid $10\%$ of employees at an employer's worksite who may be denied reinstatement if it causes substantial economic injury.

In Loco Parentis

A Latin term meaning 'in place of the parent,' applying to individuals with day-to-day responsibilities to care for and financially support a child.

Rolling 12-Month Period

An FMLA calculation method measured backward from the date an employee uses leave, often used to prevent bridging leaves.

Foreign Corrupt Practices Act (FCPA)

Prohibits making payments (bribes) to foreign government officials to obtain or retain business and requires accurate corporate recordkeeping.

Genetic Information Nondiscrimination Act (GINA)

Prohibits employers from using genetic information (including family medical history) for employment decisions or requesting such information unlawfully.

Glass Ceiling

Artificial barriers based on attitudinal or organizational bias that prevent qualified women and minorities from advancing into senior management positions.

Immigration Reform and Control Act of 1986 (IRCA)

Prohibits knowingly hiring unauthorized aliens and requires employers to verify identity and work eligibility using Form I-9.

H-1B Visa

A temporary worker visa classification for specialty occupations, requiring the payment of a prevailing wage.

International Labour Organization (ILO)

A tripartite body (government, employers, workers) that addresses working conditions and develops labor standards via binding conventions and nonbinding recommendations.

Schengen Area

Geographic locations in Europe where legal residents may move freely between member countries without special visas; some EU members like Ireland do not participate.

Occupational Safety and Health Act (OSH Act)

Mandates safe and healthful working conditions and created the OSHA agency to set and enforce standards.

General Duty Clause

Section 5(a)(1) of the OSH Act requiring employers to provide every employee with a workplace free from recognized hazards causing death or serious harm.

OSHA Form 300

The 'Log of Work-Related Injuries and Illnesses' used to record the details of specific workplace incidents.

OSHA Form 300A

The 'Summary of Work-Related Injuries and Illnesses' which must be certified and posted annually from February 1 through April 30.

National Institute of Occupational Safety and Health (NIOSH)

Agency charged with researching workplace hazards, evaluating potential toxins, and conducting Health Hazard Evaluations (HHEs).

Safety and Health Achievement Recognition Program (SHARP)

Recognizes small, high-hazard employers who use OSHA consultation services and develop exemplary safety management programs.

Organisation for Economic Co-operation and Development (OECD)

International group that provides 'Guidelines for Multinational Enterprises' to promote responsible business conduct and well-being.

United States–Mexico–Canada Agreement (USMCA)

A 2020 trade agreement replacing NAFTA with stricter rules of origin, digital trade provisions, and bolstered labor/environmental standards.

Design Patent

Protects new, original, and ornamental designs of manufactured items for a period of $14$ years.

Federal Wage Garnishment Law

Title III of the CCPA which sets limits on the amount of disposable earnings that can be withheld for debt (lesser of $25\%$ or 30 times the minimum wage).

WARN Act of 1988

Requires employers with 100 or more employees to provide 60 days' notice for mass layoffs or plant closings.

Griggs v. Duke Power Co.

Established that employment requirements (like tests or diplomas) must be job-related and that lack of intent to discriminate is not a defense against disparate impact.