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Exam (elaborations)

Employment Law || A+ Graded Already.

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  • Course
  • Employment Law
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  • Employment Law

Estoppel correct answers The principle by which a person is barred from pursuing a certain course of action or of disputing certain matters; that person's conduct deems permission to pursue unjust. Ethnicity correct answers Traits, background, allegiance, or association. E-verify correct answ...

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  • September 13, 2024
  • 16
  • 2024/2025
  • Exam (elaborations)
  • Questions & answers
  • Employment Law
  • Employment Law
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FullyFocus
Employment Law || A+ Graded Already.
Estoppel correct answers The principle by which a person is barred from pursuing a certain
course of action or of disputing certain matters; that person's conduct deems permission to
pursue unjust.

Ethnicity correct answers Traits, background, allegiance, or association.

E-verify correct answers Online tool administered through the U.S. Citizenship and Immigration
Services (USCIS) and used by employers to verify the validity of documents presented by new
hires.

Explicit contract correct answers aka express contract. Verbal or written agreement in which the
parties state exactly what they agree to do.

Fair Credit Reporting Act (FCRA) correct answers Requires employers take specific steps prior
to requesting or using a consumer report (disclosure, written permission, notice of adverse
action, right to dispute).

Fair Labor Standards Act (FLSA) correct answers Prescribes standards for minimum wage,
overtime and child labor laws in employment. It requires employers to pay covered employees
who are not otherwise exempt at least the federal minimum wage and overtime pay of one-and-
one-half-times the regular rate of pay, and limits the employment of minors.

Family and Medical Leave Act (FMLA) correct answers Provides certain employees with up to
12 weeks of unpaid, job-protected leave per year. It also requires that their group health benefits
be maintained during the leave.

Federal Mediation and Conciliation Service (FMCS) correct answers Established by Taft-
Hartley, an agency to help management and labor settle labor contract disputes.

Fellow servant rule correct answers An employer defense that another employee, not the
employer, caused a workplace injury.

First written warning correct answers Second step in a disciplinary process, which advises an
employee that work behavior must change, lays out steps that have already been taken to advise
the employee of the deficit, and describes steps that need to be taken to improve performance
and remain employed.

Four-fifths rule correct answers Rule that states that an employment test or other screening
device/process has a disparate impact if the hiring rate for a minority group is less than four-fiths
(80%) of the hiring rate for the majority group.

Gender discrimination correct answers The stereotyping of how a male or how a female should
act.

,General duty clause correct answers Standard that requires employers to provide jobs and a
workplace environment that are free from recognized safety and health hazards that could
potentially cause death or serious physical harm. This standard also requires employers to
comply with all OSHA rules, regulations, and standards.

Hostile work environment correct answers As defined by the Equal Employment Opportunity
Commission (EEOC), a work environment in which an individual or individuals are subjected to
a pattern of harassment biased according to protected classifications or unwelcome verbal or
physical conduct "when submission to or rejection of this conduct explicitly or implicitly affects
an individual's employment, unreasonably interferes with an individual's work performance, or
creates an intimidating, hostile, or offensive work environment."

I-9 correct answers Form enacted under IRCA that documents employee identity and right to
work in the U.S. (specifies acceptable documents).

Immigration Reform and Control Act (IRCA) correct answers Made it illegal in the U.S. to hire
or continue to employe individuals who are not legally authorized to work.

Implied Contract correct answers An agreement created through the actions of the employer and
employee rather than through negotiation and documentation. Employee handbooks may be
argued to create this.

Independent contractor correct answers Self-employed individual who works for multiple
customers and clients on a project or fee basis.

Integrated enterprise correct answers A business environment in which operations of two or
more employers are so intertwined that they can be considered as a single employer for purposes
of federal statutory coverage and liability.

Intelligence tests correct answers Standardized assessments designed to assess human ability to
learn or understand or to deal with new or trying situations.

IRS 20-factor analysis correct answers Guide to employers in determining if workers are indeed
independent contractors, 20 items.

Joint ownership correct answers Right of ownership shared by two or more owners such that on
the death of an owner his or right passes on to surviving owner(s), the last survivor becoming the
full owner.

Judicial review correct answers The power of the Supreme Court to consider whether a law
complies with the Constitution.

Limited liability partnership correct answers A form of general partnership that provides an
individual partner protection against personal liability for certain partnership obligations.

, LMRA (Aka Taft Hartley Act) correct answers Law that prohibited unfair union labor practices
and put for the the rights of employees as union members. 2nd of three main union laws; 1947,
considered pro-management.

LMRDA (aka Landrum Griffin Act) correct answers Law aimed at protecting union members
from possible wrongdoing on the part of their unions. Third of the main union laws; 1959.

Lockout correct answers Result that occurs when management shuts down operations to keep
employees from working.

Mandatory bargaining issues correct answers Items in collective bargaining that a party must
discuss/negotiate if they are introduced by the other party. Examples include pay and employee
security.

Mediation correct answers A procedure for resolving collective bargaining impasses by a
mediator (third party) with no formal authority acts as a facilitator and go-between in the
negotiations.

National origin correct answers Location of birth.

Negligent hiring correct answers Situation in which an employer knew or should have known
that an applicant had a prior history of behavior that endangered customers, employees, vendors,
or members of the public.

Negligent referral correct answers A claim in which an employer has provided an untrue
reference which omits information about an employee's dangerous and criminal behavior.

Negligent retention correct answers Employer becomes aware that an employee may be unfit but
maintains his/her employment, and someone is injured.

NLRA (aka Wagner Act) correct answers The NLRA guarantees the right of employees to
organize and bargain collectively with their employers. Established the National Labor Relations
Board for enforcement and oversight of those worker rights.

NLRB correct answers Government agency established by the National Labor Relations Act
(NLRA) to enforce its provisions. It is charged with conducting elections and preventing and
remedying unfair labor practices. The NLRB does not instigate actions on its own; it merely
responds to charges of unfair labor practices or petitions for representation elections filed in one
of its offices.

Older Workers Benefit Protection Act (OWBPA) correct answers Prohibits discrimination
against older workers in all employee benefit plans unless age-based reductions are justified by
significant cost consiiderations. Protects waiving of employee rights (for the employee).

Oral contract correct answers Verbal agreement (offer and acceptance).

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