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Complete list of Terms and Definitions for Legislation and cases

Terms Definitions
1959labor management reporting and disclosure act(landrum-griffin) -controlled internal union operations-provided bill of rights for union members-allowed members to sue union-set term limit for union leaders
1947labor management relations act(taft-hartley) -prohibited closed shops which required everyone to be a member of the union-restricted union shops;which state must join union within a period no less than 30 days-allowed states to pass right to work laws-prohibited jurisdictional strikes and secondary boycotts-allowed employers to permanently replace economic strikers-established federal mediation conciliation serivce 80-day cooling off period for national emergency strikes
1978pregnancy discrimination act required that pregnancy be treated the same as any other short-term disability
1935National labor relations act(wagner act) -protected right of workers to organize and bargain collectively-id'd unfair labor practices-established the NLRB
1935Federal insurance contributions act / social security act required employers and employees to pay social security taxes
2001circuit city stores v adams ruled that mandatory arpitration agreements in employment are enforcable inder the FAA (federal arbitration act of 1925) except for transportation workers, who are exempted from FAA
1996mental health parity act required insurers to provide the same limits to mental health as provided to physical benefits
1976Washington v Davis Established that employment selection tools that adversely impact protected classes are lawful if they hae been validated to show future success on the job
2000EO 13152 added status as parent to protected classes
1936public contracts act(walsh-healey act) required contractors to pay prevailing wage rates
petermann v international brotherhood of teamsters can't terminate for refusing to commit perjury, it is contrary to public policy
1970Occupational safety and health act -required employers to provide a safe workplace and comply with standards-established OSHA to enforce regulations-established NIOSH to reasearch, evaluate , and recommend hazard reduction measures
1986tax reform act reduced income tax rates and brackets
1890sherman anti-trust act controlled business monopolies allowed court injunctions to prevent restraint of trade
1968consumer credit protection act limited garnished amounts on wages-prohibited discharge of employees for single garnishment
1963equal pay act required that employees that performed substantially similar or identical work be paid the same wage or salary rate
1993harris v forklift systems defined actionable hostile work environment as that which goes beyon offensive and results in tangible psychological injury
1984retirement equity act lowered age limits on participation and vesting in pension benefits-required written spousal consent to not provide survivor benefits
1978revenue act established section 125 and 401(k) plans for employees
1974privacy act prohibited federal agencies from sharing information collected about individuals
1993omnibus budget reconciliation act revise rules for employee benefits-max deduction for executive pay at $1millionmandated some benefits for medical plans
1974employee retirement income security act -established requirements for pension, retirementm and welfare benefit plans including medical, hospital, ad&d and unemployment benefit plans
Conditions set by NLRA for labor org to exist 1. employees participate in org2. a function fo the org is dealing with employer3. the function of the org is concerned with some form of "conditions of work"
1998fragher v city of boca raton established that employers are responsible for employees actions and have responsibility to control them
1992electromation v nlrb not all employee participation committees are employer-dominated organizations and can serve a useful purpose of they are not-paying employees who participate in commites at work does not violate the nlra-these specific committes were unlawful because they were employer dominated-management could veto decisions-management could choose commitee and number of memebers-management organized and esablished goals
1990older worker benefit protection act ammended adea to prevent discrimination in benefits to wrokers over 40
1969black lung benefits act provided benefits for coal miners sufering from pneumoconiosis due to mine work
1978regents of CA v Bakke acknowledged need to consider race but determined it should not be done through quota and leave non-minority applicants with better scores out
statutory exceptions to at-will at-will may not be used for discriminatory reasons
employment-at-will defined by payne v the western atlantic road co.-allowed employers to change employment conditions and allowed employees to leave at any time with or without noticeeroded by exceptions like:-public policy exceptions-good faith and fair dealing-promissory estoppel-fraudulent misrepresentation
1991glass ceiling act commision to determine existence of glass ceiling and barriers for women and minoritieseeoc now conducts auidt on the presence of women and minorities at all corporate levels
1996small business job protection act -redefined highly compensated individuals-detailed min partticipation requirements-simplified 401(k) tests-coorected qualified plan and disclosure requirements
1991civil rights act -allowed compensatory and punitive damages-provided for jury trials-established defenses to disparate impact claims
1965EO (executive order) 11246 -prohibited discrimination based on race, creed, color, class, origin-required affirmative steps for all terms and conditions of employment-required a written aap for 50+ employees
1979EO 12138 Created national women's business eterprise policy-required affirmative steps to promote and support women's business enterprises
tort civil action based on duty r obligation that has been breached by one party, causing an injury to the other
1927longshore and harbor worker's compensation act provided worker's compensation for maritime workers injured on navigable us waters, piers, docks and terminals
1975NLRB vs J Weingarten, inc union employees can request union representation during any investigatory interview that could result in disciplinary action
payne v the western atlantic road co. either party may terminate the service for any cause, good or bad, or without cause and the other can't complain in law
1932Norris-laguardia act prootected rigt to organized; outlawed yellow dog contracts- contracts used to prevent employes from joining unions
implied contract created by an employer's conducte.g. consistent application of progressive discipline policy implies that won't be terminated without going throgh this process-disclaimer can offset this
1998oncale v sundowner offshore sevices extended def of sexual harassment to include same sex
1978civil service reform act -created senior executive service, merit sysstems protection board, office of personnel management and the federal labor relations authority
1990immigration act required prevailing wage for holdes of H1(b) visas and set H1(b)quotas
1926railway labor act protected unionization rights; allowed 90-day cooling off period to prevent strikes in national emergencies.covers railroads and unions
2002sarbanes oxley act see other card with info
fraudulent misrepresentation promises or claims made by employers to entice joininge.g. tell that will expand when they're planning on closing
contract exceptions to employment at will aborgated by contract, expressed or implied
handicapped individual has a physical or mental impairment which subtantially limits life activities, has a history of oris regarded as having such impairment
1988worker readjustment and retraining notification act required 60 days notice for mass layoffs or plant closings-defined those terms-id'd exceptions
1936federal unemployment tax act required employers to contribute a percentage of payroll to an unemplomeny insurance fund
1967EO 11375 added sex to protected classes in EO 11246
public policy exceptions to at-will established by petermann v international brotherhood of teamsterscan't terminate for acting in accordance to public policyoriginated in CA and adopted by most states, not allapplied to 4 gen areas; can't terminate for:1. refusing to break law on behalf of employer2. whistle-blowing, report illegal acts of employers3. participate in activities coverd by public policy lik investigation of employer wrong-doing4. acting in accordance to legal statute like jury duty of worker's compensation claim
1979united steelworkers v weber aap had ben negotiatedand permissible because it was used to eliminate racial imbalance
constructive discharge when employer makes workplace so hostile and inhospitable that an employee resigns
1884payne v the western & atlantic railroad co. defined employment at will
1981texas dept community affairs v burdine ruled that employers aren't require to prove the nondiscriminator reasons for an employment actions but are requiresto explain their nondiscriminatoryreasons for the action
1969weeks v soutern bell telephone co removed georgia's weight liimit and sex not a bfoq
1993EI Dupont v nlrb -can't use commitees to circumvent union
2000needlestick safety and prevention act mndated reord keeping for all needlesticks and sharps injuries; required employee involvement in developing safer devices
1995congressional accountability act required all federal employment regulations to apply to congressional employees
1996personal responsibility and work opportunity reconciliation act of 1996 required employers to provide info about all new or rehired employees to state agencies to enforce child support orders
1973mcdonnell douglas corp v green established guidelins for a prima facia case in discrimination1. complainant establishes case by showing-belongs to racial minority-applied and was qualified for a job seekign apllicants-rejected despite qualifications-after rejection position remained open
1986immigration reform and control act prohibited employment of individuals who are not authorized to work in the us-required i-9's for all employees
1986consolidated omnibus budget reconciliation act provided continuation of group health coverage upon a qualifying event
1990americans with disabilities act required reasonable accomodation for qualified individuals with disabilities
1967age discrimination in employment act prohibited discrimination against 40+ age-established conditions for BFOQ (bona-fide ocupational qualifications) exceptions
1914clayton act limited use of injunctions to break strikes; exempted unions from sherman anti-trust act
1998EO 13087 expended coverage of protected classes to include sexual orientation
1995McKennon v Nashville Banner Publishing ruled that after-acquired evidence of employee misconduct that would have resulted in termination does not relieve the employer from liability in discharging the employee for an unlawful, discriminatory reason
1994uniformed services employment and reemployment rights act protect the right to reemployment and benefit rights of reservists called to duty
2000epilepsy foundation of northeast ohio NLRB estended weingarten rights to nonunion employees by allowing employees request a coworker be present during an investigatory interview that could result in disciplinary action
1974vietname era veterans readjustment asistance act provided equal opportunity and affirmativ action for vietnam veterans
1992national energy efficiency act of 1992 set max transit subsidy at $60/month for employeeslimited tax-free paarking benefits to $155/month
1988employee polygraph protection act prohibite use of lie detector tests except under limited circumstances
1977mine health and safety act -established mandatory mine safety and health standards-created MSHA
1965service contract act required gov contractors to pay prevailing wages and benefits
1987school board of nassau v arline -person with a contagious disease could be considered as handicapped-posing serious health threat does noe exclude them from coverage of act-the decision of whether someone poses a serious health threat to others should be left to public health officials
1987Johnson v santa clara county if there is a moderate flexible cases by case approach in AAP which is flexible and temporary; designed only to correct workforce imbalance then placing a less qualified member of a protected class is valid and not discriminatory
1968rosenfeld v southern pacific determined california labor code as discriminatoryextended hours a woman could work ad weight limit
1938fair labor standards act -defined exempt and nonexempt employees-set min wage-set 1.5 pay for non-exempt overtime-limited hours and type of work for children-required record-keeping
promissory estoppel happens when employer entices employee or prospective employeee to take action by promising a rewardif action completed, then there must be rewarde.g. promise job to a candidate if resigns position but then change their mindsmust follow through or pay damages
1996illegal immigration reform and immigrant responsibility act reduced numbers and types of documents to prove identity
common law doctrine result of legal decisions made by judges in individual casesmost common:*employment-at-will*constructive discharge*defamation
1980guidelines on sexul harassment assisted employees to develop antiharass policies-established complaint procedures-investigate complaints promptly and impratially
1869bureau of labor statistics studies industrial accidents and maintain accident records
1977automobile workers vs, johnson controls decision about welfare of children must be made by parents and not employers
1952patent act established us patent and trademark office
1975albemarle paper vs. moody -required that employment tests be validated-subjective supervisor rankings are not suficient validation-criteria must be tied to job requirements
1971griggs vs duke power -required employers to show that job requirements are related to the job-established lack of intention to discriminate is not a defense against discrimination
1993taxman v board of education piscataway found that in the absence of past discrimination or underrepresentation of protected classes preference may not be given to protected classes in making layoff decisions
1964title 7 of the civil rights act of 1964 -established the eeoc-prohibited discrimination based on rae,creed,sex, color, or national origin
employer rights and responabilities -right to structure organizations cost-effectively-right to determine how to run org.responsibilities:-provide safe working conditions-pay wages for work done-reimburse employees for expenses incurred in behalf of employer-coverd by both common law & statutory req.-in absence of contract common law applies-disagreements; breach of contract or tort
express contract written or verbal agreement in which the part states exactly what they agree to do
1969EO 11478 included disabled individuales and those 40+ in protected classes
1996health insurance portability and accountability act -prohibited discrimiation based on health status-limited heath insurance restrictions for pre-existing conditions-required a certificate of group health plan coverage upon plan termination
1978uniform guideling on employee selction procedures established guidelines to ensure that selection procedures are both job related and valid predictors of job success
duty of good faith and fair dealing obligation to act in fair and honest manner to each other to ensure contract benefitsvaries by state
1970fair credit reporting act required employers to notify candidates that credit reports may be obtained-required written authorization by the candidate and that the employer provide a copy of the report before taking adverse action
1993St. Mary's Honor center v hicks need to prove that nondiscriminatory reasons given for employment actions were racially motivated and not based on some other lawful motivation like personal dislike
1992unemployment copensation amendments reduced rollover rules for lump sum distribution of qualified retirement plans; required 20% witholding for some distributions
1993family and medical leave act -required qualifying employers to provide 12 wks unpaid leave to elegible employees for the birth or adoption of a child or to provide cae for relatives with serious health conditions; or to employees unable to perform job duties due to a serious health condition
2000mb sturgis temporary employees may be included in client company's bargaining unit and that consent of the employer and temp agency are not required to bargain jointly
1989martin v wilks where there has been a consent decree after suit, a following suit for reverse discrimination is entitled to challenge validity of consent decree
1947portal-to-portal act clarified definition of hours worked for flsa
2000energy employees occupational illness compensation program act provided compensation for employees and contractors subjected to excessive radiation during production and testing of nuclear weapons
1965immigration and nationality act -eliminated national origin race and ancestry as bars to immigration-set immigration goals for reunifying families and preference for specialized skills
1998burlington industries vs Ellerth -employers have vicarious liability for employees victimized by supervisor with immediate or higher authority over them who create a hostile work env.
1996small business regulatory enforcemen fairness act provided that an sba ombudsman act as an advocate for small business owners in the regulatory process
1988drug-free workplace act required federal contractors to develop and implement drug-free workplace policies
1972equal employment opportunity act -complainants must have burden of proof for disparate impact-gave litigation authority to eeoc-extended time to file complaints
1973rehabilitation act expanded oportunities for people with mental or physical disabilities and provided remedies for victims of discrimination
1916federal employees compensation act provided benefits similar to worker compensation for federal employees injured on the job