Business Law (Chapters 8, 9, 26, 27)

Respondeat superior

("let the master answer") - an employer is vicariously liable for the behavior of an employee working working within his or her scope of employment.

common law

(civil law) a law established by following earlier judicial decisions

ERISA

*The Employment Retirement Income Security Act of 1974 (ERISA) tries to check abuses and to protect employees' expectation that promised pension benefits will be paid.

good cause exception

1. Occurs where the employer acts in such a manner that an implied contract to terminate only for good cause is formed

Fair Labor Standards Act

1938 act which provided for a minimum wage and restricted shipments of goods produced with child labor

National Labor Relations Act

A 1935 law, also known as the Wagner Act, that guarantees workers the right of collective bargaining sets down rules to protect unions and organizers, and created the National Labor Relations Board to regulate labor-management relations.

Strict liability

A legal doctrine that says that some activities are so dangerous that liability will always follow any injury that results from those activities.

Age Discrimination in Employment Act

Act that prohibits discrimination in employment for persons age 40 and over except where age is a bona fide occupational qualification.

Equal Pay Act

Act that requires men and women to be paid equally when they are doing equal work in the same organization

Bona fide occupational qualification

An exception in employment law that permits sex, age, religion, and the like to be used when making employment decisions, but onlu if they are reasonably necessary to the normal operation of that particular business.

public policy exception

An exception to the employment-at-will doctrine that makes it unlawful to dismiss an employee for taking certain actions in the public interest

absolute privilege

An immunity from libel suits granted to government officials and others based on remarks uttered or written as part of their official duties

Title VII

Civil Rights Act of 1964; forbids discrimination based on sex, race, color, national origin, or religion

Pregnancy Discrimination Act

Congress enacted the ............1............. that requires employers to provide the .........2.............compensation for disabilities related to pregnancy and childbirth as they provide for any other disability.

5th amendment

Double Jeopardy - cannot be tried twice for the same crime

EEOC

Enforces laws to prevent unfair treatment on the job due to sex, race, color, religion, national origin, disability, or age.

disparagement

False statements about a competitor's products, services, property, or business reputation

Racketeer Influenced and Corrupt Organizations Act

Federal legislation that enables prosecutors to bring additional criminal or civil charges against people engaged in two or more acts prohibited by 24 existing federal and 8 states. It features monetary penalties that allow the government to confiscate all profits derived from criminal activities. It was originally intended to be used against organized crime and has also been used against white-collar criminals.

vicarious liability crime

If one of the co-felons causes the death, all of the other co-felons will be guilty of felony murder. This applies even if the actual killing was done by a third person so long as one of the felons is a proximate cause of the death.

Workers Compensation Insurance

Insurance that provides coverage for benefits an employer is obligated to pay under workers compensation laws.

prima facie case

Intentional Tort

Fair Labor Standards Act

June 25, 1938- United States federal law that applies to employees engaged in and producing goods for interstate commerce. The FLSA established a national minimum wage, guaranteed time and a half for overtime in certain jobs, and prohibited most employment of minors in "oppressive child labor," a term defined in the statute. The FLSA is administered by the Wage & Hour Division of the United States Department of Labor.

Constructive discharge

Occurs when an employer makes working conditions so intolerable that an employee has no choice but to resign.

Family and Medical Leave Act

Passed after concluded proper child-raising,family stability, & job security require that employees get reasonable work leave for family, & medical reasons

Americans with Disabilities Act

Passed by Congress in 1991, this act banned discrimination against the disabled in employment and mandated easy access to all public and commercial buildings.

American's With Disabilities Act

Passed by Congress in 1991, this act banned discrimination against the disabled in employment and mandated easy access to all public and commerical buildings.

4th amendment

Protection from unreasonable search and seizure (Police cannot search you w/o warrent)

featherbedding

Situation in which unions try to require the employment of more workers than is necessary

Equal Employment Opportunity Commission

The equal right of all citizens to the opportunity to obtain employment regardless of their gender, age, race, country of origin, religion, or disabilities.

Occupational Safety and Health Act

a law passed by the United States Congress that created the Occupational Safety and Health Administration to prevent employees from being injured or contracting diseases in the course of their employment

6th amendment

criminal court procedures; right to fair and public trial, and right to an attourney/ counsel

Disparate impact discrimination

hiring criteria eliminates a disproportionate number of people from a protected class without being job related

Quid pro quo harrassment

implied or explicit promise of reward in exchange for sexual favors or threat of retaliation if sexual favors are withheld, given an employee by a coworker or superior

Durham Rule

legal standard by which an accused is not held criminally responsible if he or she suffers from a diseased or defective mental condition at the time the unlawful act is committed.

vicarious liability

one party may be responsible for negligent activities of another party; e.g. bar owners liable for actions of customers to whom they have served too much alcohol

Age Discrimination Employment Act

prohibits discrimination against persons between the ages of 40 -70 and restricts mandatory retirement requirements

7th amendment

right to a jury trial in federal court to settle all disputes about property over $20