bus 263 study guide exam 5

What is the Sunshine Act?

"Every portion of every meeting of an agency" be open to "public observation." The public be provided with adequate advance notice of scheduled meetings and agendas.

Describe the 2 forms of sexual harassment and who is responsible.

"Quid Pro Quo" when sexual favors are demanded in exchange for job opportunities, promotions, etc. This can only be filed against a supervisor. "Hostile work environment" - any time there is conduct that is offensive, abusive or intimidating work environment. Can include crude jokes, inappropriate touching, insults, intimidation, etc.

How are agency powers created? What is enabling legislation?

Administrative agency - A federal or state government agency created by the legislature to perform a specific function, such as to make and enforce rules pertaining to the environment. The exist at the local, state, & federal level. Examples include: FTC, EEOC, FDA, SEC and more Enabling legislation - A statute enacted by Congress that authorizes the creation of an administrative agency and specifies the name, composition, purpose, and powers of the agency.

What is affirmative action and why are we doing away with it?

Affirmative Action - Designed to "make up" for past patterns of discrimination by giving preferential treatment to protected classes. Designed to be temporary solution but cannot use quotas. States are beginning to ban it.

What is covered by the Lanham act?

An injury to a commercial interest in reputation or sales (has to do with buying or selling something) Direct causation of the injury by false or deceptive advertising (the advertising caused the problem) A loss of business from buyers who were deceived by the advertising

What is bait and switch advertising?

Bait-and-switch advertising - Advertising a product at an attractive price and then telling the consumer that the advertised product is not available or is of poor quality and encouraging her or him to purchase a more expensive item.

Describe companies defenses to discrimination.

Bonafide Occupational Qualification (BFOQ) - Requires an employer to show a particular skill is necessary for the performance of a particular job. Hard to prove. Seniority Systems - Job benefits such as pay or promotions are based on the length of time one has worked for an employer, not quality of work. They are legal if they are a part of a union contract. After-Acquired Evidence - Evidence of employee misconduct that the employer discovers after the after a lawsuit has been filed. Ex: you find out that the employee lied on their application. Cannot be used to shield an employer entirely but can reduce the amount of damages.

Explain the laws concerning health insurance.

COBRA - legislation that provides a federal right to continued health insurance at your own expense. 60-day enrollment period after loss of job. HIPAA - Strictly limits employer's ability to exclude pre-existing conditions. Plus, protects patient privacy. Patient Protection and Affordable Care Act (Obama Care) (Affordable Care Act) - employers with more than 50 employees are required to offer health-insurance benefits. It creates a market-place of insurers so that employees can choose the best coverage for themselves.

What are closed shops & union shops?

Closed shops - a company that requires someone to be a member of a union as a condition of employment. Made illegal by LMRA Union shop - requires employees to join a union after being hired. This is legal unless the business is in right-to-work states.

How do employers and unions reach a contract agreement? (collective bargaining, good faith bargaining)

Collective Bargaining - process by which labor & management negotiate the terms & conditions of employment. Wages, hours & working conditions. Good Faith Bargaining - Requires that Offers must be taken seriously but, it does not require 'giving in' to the other's demands. Can be subjective but is determined by parties' actions.

What is "employment at will"?

Common law doctrine that states either party may terminate an employment relationship at any time for any reason or no reason. If it is not in violation of contractual agreement, tort theory (against the law such as discrimination), public policy.

What is constructive discharge? Is it legal?

Constructive Discharge - When an employer causes working conditions to be so intolerable that a reasonable person would feel compelled to quit. Still considered discrimination. NO.

What regulations are in place for credit for the Fair Debt Collection Practices Act?

Contact the debtor at the debtor's place of employment if the debtor's employer objects. Contact the debtor at inconvenient or unusual times, or at any time if the debtor is being represented by an attorney. Contact third parties other than the debtor's parents, spouse, or financial adviser. Harass or intimidate a debtor (by using abusive language or threatening violence, for instance) or make false or misleading statements (such as posing as a police officer). Communicate with the debtor at any time after receiving notice that the debtor is refusing to pay the debt, except to advise the debtor of further action to be taken by the collection agency.

What actions might be taken against companies that are found guilty of false advertising?

Counter advertising - New advertising that is undertaken to correct earlier false claims that were made about a product.

How is deceptive advertising regulated by the FTC?

Deceptive advertising - Advertising that misleads consumers, either by making unjustified claims about a product's performance or by omitting a material fact concerning the product's composition or performance.

What does the Affordable Care Act do?

Designed to provide a marketplace of insurance options to provide all Americans with an opportunity to buy affordable health insurance.

What is the difference between disparate treatment & disparate impact & reverse discrimination?

Disparate Treatment - Intentional Discrimination directed against a protected class or group of people. Disparate Impact - unintentional discrimination which occurs when a protected group of people is adversely affected by an employer's practices, even though they do not appear to be discriminatory. "Reverse" Discrimination - Discrimination against the majority group is also prohibited.

Discuss company use of electronic monitoring, lie-detector tests & drug testing at work.

Electronic Monitoring - employers are allowed to monitor employees email, blogs, phone conversations, activities, text messages, etc. that are being transmitted during work hours or using work equipment. Typically notify employees of this activity. Lie-Detector Tests - typically not allowed except under special circumstance such as jobs in security, controlled substance, etc. Drug Testing - In the interest of public safety and to reduce unnecessary costs, drug testing is generally allowed for pre-employment testing as well as random testing.

How does the Ellerty/Faragher affirmative defense affect sexual harassment charges?

Employer must have taken reasonable care to prevent and promptly correct any sexually harassing behavior, and plaintiff-employee must have failed to take advantage of preventative or corrective opportunities.

What regulations are in place for credit for the Fair and Accurate Credit Transactions Act?

Established a national fraud alert system Consumers who suspect that they have been or may be victimized by identity theft can place an alert on their credit files. Requires the major credit reporting agencies to provide consumers with free copies of their own credit reports every twelve months Requires account numbers on credit-card receipts to be truncated (shortened).

What is the difference between executive agencies and independent regulatory agencies?

Executive agencies - Federal executive agencies include the cabinet departments of the executive branch, which assist the president in carrying out executive functions, and the sub agencies within the cabinet departments. Appointed by President. Independent regulatory agencies - Independent regulatory agencies are outside the federal executive departments. Officers serve for fixed terms and cannot be removed without just cause.

Explain the various pieces of legislation relating to business.

Fair Labor Standards Act (FLSA) -Requires minimum wage and overtime to be paid. Also prohibits oppressive child labor. FMLA (Family & Medical Leave Act) - legislation requires employers with over 50 employees to provide up to twelve (12) weeks unpaid leave to employees who need to care for a spouse, child, or parent suffering with a serious medical condition. Entitled to the same or similar position upon return. Insurance continues through this time.

What is an I-9 form used for?

I-9 Form - documentation required to provide proof of the legal ability to be employed in the US. Typically includes a Social Security Card & Driver's license.

What regulations are in place for credit for the Truth in Lending Act?

Is administered by the Federal Reserve Board Requires sellers and lenders to disclose credit and loan terms so that individuals can shop around for the best financing arrangements Applies to any business that would ordinarily lend funds, sell on credit, or give extensions of credit. Ex: loans from a bank would be covered, but not a loan from your neighbor.

What regulations are in place for labeling?

Labels must be accurate. Labels must use words that are easily understood by the ordinary consumer. In some instances, labels must specify the raw materials used in the product. Example: The percentage of cotton, nylon, or other fiber used in a garment Some products must carry a warning. Example: Cigarette and e-cigarette

What is the difference between a legislative rule and an interpretive rule?

Legislative rule - An administrative agency rule that carries the same weight as a congressionally enacted statute (law). Ex: OSHA says businesses must report injuries within a certain amount of time. Interpretative rule - A nonbinding rule or policy statement issued by an administrative agency that explains how it interprets and intends to apply the statutes it enforces. For example: The EEOC can issue rules on how to interpret their provisions regarding what is discrimination.

How do employers use lockouts to influence their employees?

Lockouts - Occurs when the employer shuts down the plant to prevent employees from working. Usually used when employer believes a strike is imminent.

What do the various labor laws mean? (National Labor Relations act, Labor-management relations act, labor-management reporting and disclosure act)

National Labor Relations Act: (Wagner Act 1935) - Defined several unfair practices by management. Establishes the right of workers including the right to strike & engage in collective bargaining. Labor -Management Relations Act: (Taft-Hartley Act 1947) prohibits certain unfair union practices & allowed individual states to pass right-to-work laws. Outlawed Closed shops. Labor-Management Reporting and Disclosure Act: (Landrum-Griffin Act 1959) establishes a bill of rights for union members including mandatory elections, notification of meetings & prohibits unfair dues.

What are the 3 parts of the administrative process?

Part 1: Rulemaking - The process by which an administrative agency formally adopts a new regulation or amends an old one. Proposed rules must be published and allow for a "comment period" before becoming a final rule. Part 2: Enforcement - investigations & on-site inspections are used to gather information. May be used in place of a formal hearing to show the need to correct or prevent an undesirable condition. Ex: OSHA can inspect a business and issues fines for violations. Part 3: Adjudication - After investigation of a suspected rule violation, an agency may initiate (begin) an administrative (legal) action against an individual or organization. Adjudication is the process of resolving a dispute by presenting evidence and arguments before a neutral third-party decision maker in a court or an administrative law proceeding. While most are settled before this, many cases do in up in the adjudication system using an Administrative Law Judge.

Describe the various pieces of legislation (pregnancy discrimination, equal pay act, Ledbetter fair pay act)

Pregnancy Discrimination - legislation derived from Title VII (sex) that requires pregnancy to be treated as any other illness or disease. Cannot discriminate. Equal Pay Act - requires that male & female employees working at the same establishment doing similar work, requiring similar skills or training, under similar conditions to be paid equal wages. Based on gender only. Lilly Ledbetter Fair Pay Act (2009) - if a plaintiff continues to work for an employer while receiving discriminatory wages, the time period for filing a complaint is practically unlimited (previously 180 days). The time limit begins when the discrimination is discovered, not at the time of hiring.

What regulations are in place for credit for the Fair Credit Reporting Act?

Protects consumers against inaccurate credit reporting Requires that lenders and other creditors report correct, relevant, and up-to-date information Provides that consumer credit reporting agencies may issue credit reports to users only for specified purposes including: extending credit, issuing insurance policies, Responding to the consumer's request

What specific groups does Title VII of the Civil Rights Act of 1964 protect?

Race, sex, religion, color, national origin, age, handicap, and veteran status.

Who is considered a whistleblower?

Reporting to authorities, upper management or media that the employers is involved in an unsafe, unethical or illegal activity.

What regulations are in place for telemarketing?

Requires a telemarketer to: identify the seller's name, describe the product being sold, disclose all material facts related to the sale (such as the total cost). Requires a telemarketer to remove a consumer's name from its list of potential contacts if the customer so requests An amendment to the TSR established the national Do Not Call Registry.

How does "Freedom of Information Act" affect business?

Requires the federal government to disclose certain records to any person or entity on written request, even if no reason is given for the request.

What are right-to-work laws?

Right to work laws - prohibits a company from making union membership a requirement for employment.

Explain the laws concerning income security.

Social Security - Portion of income (whether paycheck or self-employed) that goes to FICA and is set aside for retirement, disability, or survivor benefits. Collected after a certain age (around 65). Medicare - Federal government health-insurance program for people 65 years of age, and for those under 65 who are disabled. Unemployment Insurance - state-run system that provides limited compensation for people who have lost their jobs through no fault of their own (lay-off). Must be willing & able to work & actively seeking employment.

What ways do union use to influence bargaining? (strike, picketing, mass picketing, sit-down strikes, wildcat strike, secondary boycott)

Strike - employees leave their jobs & refuse to work. Picketing - marching near or outside a business, is protected by First Amendment as long as it's peaceful. Mass picketing - strikers form a barrier & deny entrance into the building. Sit-down strikes - Employees don't leave the facility but stay inside without working. Wildcat Strike - a group of workers call a strike on their own, without permission from the union or after the union votes no. Secondary boycotts - a strike directed at someone other than the main employer such as the company that sells the materials to the main employer.

Describe various pieces of legislation.

The Age Discrimination in Employment Act (ADEA) - legislations that protects individuals over the age of 40 from workplace discrimination that favors younger workers. The Americans with Disability Act (ADA) -Legislation that requires employers to offer "reasonable accommodation" to employees or applicants with a disability who are otherwise qualified for the job they hold or seek. This includes recovered alcoholics & drug users, HIV, Hepatitis, basically any medical condition.

What is the "chevron" case? How did the courts interpret it?

The Environmental Protection Agency (E P A) had interpreted the phrase "stationary source" in the Clean Air Act as referring to an entire manufacturing plant, and not to each facility within a plant at a Chevron Oil Facility. The Supreme Court held that the courts should defer to an agency's interpretation of law, as well as fact. The agency is better able to understand and interpret their specific area and the "bubble policy" was reasonable.

Explain the laws concerning worker safety & health.

The Occupational Safety and Health Act (OSHA) - Federal law aimed at promoting a safe & healthy work environment. Requires strict reporting & record keeping as well as inspections. Employers with 1 or more employees are required to comply. Workers' Compensation - state laws establish procedures for taking care of workers injured on the job. Ex: paying medical bills, job retraining, lost wages.