Employement & Labor Law
Under what conditions may an employer require a Medical Exam?
(1) job-related (it must be related to the essential functions of the job) (2) required of all applicants for similar jobs. (However, drug testing is permitted.)
List the three conditions under which an Employer to legally monitor an employees e-mail communication.
(1) the employee consents, (2) the monitoring occurs in the ordinary course of business, (3) in the case of e-mail, the employer provides the e-mail system.
List three common Collective Bargaining Conflicts
(1) whether an issue is a mandatory subject of bargaining, (2) whether the parties are bargaining in good faith, and (3) how to enforce the agreement.
List the Steps to Organizing a Union
1. Campaign 2. Authorization Cards 3. Recognition (by Employer) - Voluntary/but not required 4. Petition (to NLRB) 5. Election - requires >50% of unit to agree to union.
List the Steps of a typical Grievance Process
1. File Grievance 2. Review by Company Manager (informal) 3. Review by Senior Management/Board (More Formal) 4. Arbitration (Rigid Formal/third party) 5. Appeal to Federal Court
Define: Merit as a Defense of discrimination.
A defendant is not liable if he shows that the person he favored was the most qualified.
Describe: Basic common law rule of employment
An employee at will could be fired for a good reason, a bad reason, or no reason at all
Describe: Bona Fide Occupational Qualification
An employer is permitted to establish discriminatory job requirements if they are essential to the position in question. (Courts rarely support this argument)
Describe: Equal Employment Opportunity Commission (EEOC)
Before a plaintiff can file suit, the must first file a complaint with the EEOC.
Describe: Collective Bargaining Agreement (CBA)
Contract between employer and union workers
Multiple Choice: Jeremy was terminated by his employer for violating company rules. He challenged the termination by filing a grievance. Eventually, the matter went to arbitration and Jeremy's termination was ruled to have been improper. The employer filed a claim in court to have the arbitrator's ruling overturned since it claimed the facts clearly demonstrated Jeremy had violated the express rules of the company. The employer claimed that the arbitrator had ignored the obvious and had committed a serious mistake of fact. a. A court may overturn an arbitrator's ruling if it is proven that the arbitrator made a serious error of fact. b. A court may overturn an arbitrator's ruling if the court finds the ruling is contrary to public policy. c. Both of the above are correct. d. Neither of the above is correct.
D (A is factually incorrect, only on bias can an artibitrator be turned over; B is factually correct but does not apply as it is not related to any sated public policy; A&B make C incorrect. This leaves D as the only possible correct answer)
T/F: A union may insist on a Hot Cargo Clause because they are legal.
False
2. T/F:The Age Discrimination in Employment Act prohibits discrimination based on age against those over age 50.
False (Discrimination against those over age 40 is prohibited.)
T/F: Closed Shop, Union Shop and Agency Shop Clauses are all legal.
False (closed shops clauses are illegal, union & agency shop clauses are generally legal.)
Describe: Section 7 of NLRA
Guarantees workers' right to organize unions and bargain collectively through representatives of their own choosing
Describe: Secondary Boycotts
Illegal picketing an innocent company to stop it from doing business with an employer the union was fighting
Describe: Replacement Workers
Management has the right to hire replacement workers during a strike
List the major Union Security Issues
No-strikes/No Lockouts Clauses Closed Shop Union & Agency Shops Right To Work Laws Hot Cargo Clauses
Describe the Procedures and Remedies outlined in Title VII of the Civil Rights Act
Plaintiff must first file complaint with the Equal Employment Opportunity Commission (EEOC) before litigation.
Describe: Federal Employment Discrimination Laws
Provide minimum level of protection for employees; States may give employees more rights, but not less rights, than they have under federal law
Describe: Picketing
Striking workers are permitted to establish picket lines at the employer's job site and to urge all others—employees, replacement workers, and customers—not to cross the line.
Describe: Concerted Action
Tactics union members take in unison to gain bargaining advantage
Describe: No-Strikes & No-Lockout Clauses
That the union promises not to strike during the term of the contract. In turn, unions insist on a no-lockout clause, meaning that in the event of a labor dispute, management will not prevent union members from working.
Describe: NLRB Review Process.
The General Counsel investigates such claims. If the General Counsel's office believes that a party has committed a ULP, it prosecutes the case before an Administrative Law Judge.
After a ULP strike, a union member is entitled to their job back, even if that means the employer must lay off a replacement worker.
True
T/F: A company that subcontracts in order to maintain its economic viability is probably not required to bargain first; however, bargaining is mandatory if the subcontracting is designed to replace union workers with cheaper labor.
True
T/F: A union is allowed to discipline a member for certain acts, such as engaging in an illegal strike or working for wages below union scale.
True
T/F: A union's decision not to file a grievance is illegal only if it was arbitrary, discriminatory, or in bad faith.
True
T/F: After an economic strike, an employer may not discriminate against a striker, but the employer is not obligated to lay off a replacement worker to give a striker his job back.
True
T/F: An accommodation is not reasonable if it would create undue hardship for the employer.
True
T/F: An employer is not required to bargain over the closing of a plant, only the effects of the closing.
True
T/F: An offensive lockout is legal if the parties have reached a bargaining impasse.
True
T/F: Both the union and the employer must bargain in good faith with an open mind. However, they are not obligated to reach an agreement.
True
T/F: Courts generally find these subjects to be mandatory: pay, benefits, order of layoffs and recalls, production quotas, work rules (such as safety practices), retirement benefits, and in-plant food service and prices.
True
T/F: Employee Handbooks can create a binding contract between employers and employees even under employment at-will.
True
T/F: Employees have right to talk among themselves about forming a union, handing out literature and ultimately whether to join.
True
T/F: Employer can present anti-union views to employees, but cannot use threats/promises of benefits to defeat a union
True
T/F: Employers must make reasonable accommodation for a worker's religious beliefs unless the request would cause undue hardship for the business.
True
T/F: FLSA does not limit the number of hours a week that an employee can work, but it does specify that workers must be paid time and a half for any hours over 40 in one week.
True
T/F: Government employees can be tested for drug and alcohol use only if they show signs of use or if they are in a job where this type of abuse endangers the public.
True
T/F: In Agency Shops, worker may insist on paying only the percentage of dues that is devoted to collective bargaining, contract administration, and grievances.
True
T/F: In an appeal of arbitration for the Grievance Process, a court may refuse to enforce an arbitrator's award that is contrary to public policy.
True
T/F: Some of these statutes permit any lawful activity when off-duty, including drinking socially, having high cholesterol, being overweight, or engaging in dangerous hobbies
True
T/F: The NLRA guarantees the right of employees to engage in concerted action for mutual aid or protection.
True
T/F: The statute permits an employer to restrict organizing discussions if they interfere with discipline or production.
True
T/F: No-Strikes & No-Lockout Clauses are generally legal.
True (as part of a CBA that is in effect)
T/F: The employees of Vibrato, Inc. went on strike because Vibrato refused to bargain in good faith with the union. After the strike, the union members are entitled to their jobs back even if that means Vibrato must lay off replacement workers.
True (If the strike is due to an unfair labor practice, such as the refusal to bargain in good faith, the union member is entitled to his or her job back.)
T/F: The employer may not make any unilateral change concerning a mandatory subject until bargaining has reached an impasse.
True (Management may not unilaterally change wages, hours, or terms and conditions of employment without bargaining the issues to impasse; the employer may implement new policies after impasse, it may implement only what it has proposed at the table)
T/F: If an employer states that it is financially unable to meet the union's demands, the union is entitled to see records that support the claim.
True (Refusal to supply documents is a ULP!)
T/F: Mangini, Inc. sent an e-mail to all of its employees presenting its anti-union views. An employer may vigorously present its anti-union views, but may not use either threats or promises of benefits to defeat a union drive.
True (The employer may communicate to the employees why it believes a union would be harmful, but must limit itself to explanation and advocacy.)
T/F: Roseanna was unhappy with her union. Consequently, Roseanna sent an e-mail to all of the union members criticizing the union officials. The union cannot discipline Roseanna.
True (The union may not discipline a union member for criticizing union leadership.)
T/F: Courts usually consider these subjects to be non-mandatory: product type and design, advertising, sales, financing, corporate organization, and location of plants.
Ture
List the Mandatory Subjects of bargaining
Wages, hours, terms/conditions of employment
Describe: Strikes
When workers walk off the job to disrupt a company's production capabilities.
Multiple Choice: Jessica was a former employee of Mark. When potential employers called Mark for a reference about Jessica, he stated she was not a very good worker and had been fired for excessive absences. He said he believed Jessica was on drugs, but he did not know for sure. Jessica learned what Mark was saying and sued him. In most states: a. it was legal for Mark to say what he said if it was true and Mark was not motivated by ill will. b. it was legal for Mark to say what he said, since courts have consistently ruled that former employers are immune from lawsuits for giving references. c. it was not proper for Mark to say what he said, since courts have consistently ruled that former employers should not give references over the telephone or in writing without the former employee's written authorization. d. though it was proper for Mark to talk about Jessica's work-related history, he acted improperly when he said he thought she was on drugs.
a
Multiple Choice: Employees of Sun Food Co. have gone out on strike seeking better pay. Sun Food: a. can hire replacement workers at any time. b. can hire replacement workers if it gives the union 60 days notice prior to actually hiring the replacement employees. c. cannot hire replacement workers during the strike since this action would constitute an unfair labor practice. d. can hire replacement workers only if the collective bargaining agreement expressly gave it the right to do so.
a (Management has the right to hire replacement workers during a strike.)
Describe: Grievance
a formal complaint with the company, notifying management that the union claims a contract violation
Describe: Subcontracting
a manufacturer, rather than producing all parts of a product and then assembling them, contracts for other companies
Describe: Whipsaw Strike
a strike against one of a group of employers during a unions negotiation with them all (illegal)
Describe: Economic Strike
a strike intended to gain wages or benefits
Describe: Violent Strike
a strike that physically prevents workers from accessing a job site
Describe: Hostile work environment in relation to Sexual Harassment.
a valid claim of sexual harassment if sexual talk and innuendo are so pervasive that they interfere with her (or his) ability to work. (This is a more subtle claim and the one that managers worry about most.)
Describe: Section 9 of NLRA
a validly recognized union is the exclusive representative of the employees
Describe: "Bargaining to Impasse"
both parties must continue to meet and bargain in good faith until it is clear that they cannot reach an agreement.
Multiple Choice: Several workers at Trico, Inc. were interested in organizing a union. When the President of Trico heard about the employees discussions, she sent an e-mail to all its workers stating that a union will only hurt the company and that "we are a family that can solve any problems ourselves -- we do not need union activists from outside our company trying to tell us what to do!" Which statement is correct? a. If union activists from outside the company are involved in the unionization drive, Trico can obtain an injunction halting the drive. b. If the union will hurt the company, Trico can obtain an injunction halting the unionizing drive. c. Trico cannot stop the employees from organizing a union. d. As a small family business, Trico can obtain an injunction halting the unionizing drive.
c (It is an unfair labor practice for an employer to interfere with a union organizing effort.)
Multiple Choice: Megan was employed by a large company. Her supervisor told her to falsify government reports. She refused and was fired. She sued for wrongful discharge. Her employer claimed that, since Megan was an at-will employee, she had no legal right to claim the company was liable for damages. Is the employer right? a. Yes. An at-will employee does not have a legal right to claim wrongful discharge of employment. b. Yes. As an employee, Megan owes a duty of loyalty to her employer. If the company was found to have acted illegally by falsifying the reports, it (not Megan) would be liable. c. No. Even though Megan was an at-will employee, such employees may not be fired without just cause. d. No. Though at-will employees do not have extensive rights relative to job security, they may not be legally fired for refusing to perform an illegal act.
d
Describe: Taft-Hartley Act (Labor-Management Relations Act) (1947)
designed to curb union abuses: • prohibits union abuses such as coercing employees to join. • outlaws secondary boycotts. (amended Section 8 of NLRA to outlaw certain unfair labor practices by unions)
Describe: Bargaining Order
direction the NLRB uses when an employer has shown extreme anti-union animus
Describe: Managerial Employees
employees so closely aligned with management that their membership in the bargaining unit would create a conflict of interest between her union membership and their actual work.
Describe: Confidential Employees
employees who work so closely with executives or other management employees that there would be a conflict of interest if the employee were in the bargaining unit. (Admin Asst. is one example)
Describe: Qualified Privilege
employers are liable only for false statements that they know to be false or that are primarily motivated by ill will
Describe: Lockouts
management prohibits workers from entering the premises, denying the employees work and a chance to earn a paycheck. (Most, but not all, lockouts are legal.)
Describe: Cooling Off Period
may not strike to terminate the agreement, or modify it, without giving management 60 days' notice
Describe: Proof of Discrimination (Title VII)
means firing, refusing to hire, failing to promote, or otherwise reducing a person's employment opportunities because of race, color, religion, sex, or national origin.
Describe: Closed Shop Clause
means the employer must hire only union members.
Describe: Sit-Down Strike
members stop working but remain at their job posts, physically blocking replacement workers from taking their places
Describe: Union Shops Clause
membership in the union becomes compulsory after the employee has been hired
Describe: Agency Shops Clause
new hire must pay union fees but need not actually join the organization (prevents free-riders)
List the common claims used under Tort Law for Employment Security
o Defamation. o Intentional Infliction of Emotional Distress.
List sources of Affirmative Action programs.
o Litigation o Voluntary Action o Government Contracts
List and describe the common claims used under Contract Law for Job Security.
o Truth in Hiring - Oral promises made during the hiring process can be enforceable, even if not approved by the company's top executives. o Employee Handbooks - An employee handbook creates a contract o Covenant of Good Faith and Fair Dealing - prohibits one party to a contract from interfering with the other's right to benefit under the contract.
Describe: Quid Pro Quo in relation to Sexual Harassment.
occurs if any aspect of a job is made contingent upon sexual activity.
Describe: Occupational Safety and Health Act of 1970 (OSHA)
passed to ensure safe working conditions.
Define: Collective Bargaining Unit
precisely defined group of employees who will be represented by a particular union (It is the union's exclusive right to bargain for the unit that gives the organization its power.)
Describe: Norris-LaGuardia Act
prohibited federal court injunctions in nonviolent labor disputes.
Describe: Hot Cargo Clause
prohibits an employer from doing business with a specified company.
Define: Wrongful Discharge
prohibits an employer from firing a worker for a bad reason.
What is the purpose of Public Policy as related to Wrongful Discharge
prohibits an employer from firing a worker for a reason that violates basic social rights, duties, or responsibilities.
Describe: Age Discrimination in Employment Act of 1967 (ADEA)
prohibits discrimination against employees or job applicants who are at least 40 years old.
Describe: Americans with Disabilities Act of 1990 (ADA)
prohibits employers from discriminating on the basis of disability.
Describe: No-Strike Clause
prohibits the union from striking while the CBA is in force.
Describe: Enforcement Clauses of the Collective Bargaining Agreement
provide for their own enforcement, typically through grievance-arbitration.
Describe: Fair Labor Standards Act
regulates wages and limits child labor.
Describe: Duty of Fair Representation in relation to NLRA.
requires that a union represent all members fairly, impartially, and in good faith.
Describe: Landrum-Griffin Act or Labor-Management Reporting and Disclosure Act (LMRDA) (1959)
requires union leadership to make certain financial disclosures and guarantees free speech and fair elections within a union.
Define: Disabled Person
someone with a physical or mental impairment that substantially limits a major life activity, or someone who is regarded as having such an impairment
Describe: Statutory Prohibition of a Strike
state statutes that ensure unions do not use the public health or welfare as a weapon to secure an unfair bargaining advantage
Describe: Right to Work Laws
state statutes that restrict or even outlaw union shop and agency shop agreements
Describe: Preemption Policy
state's have no jurisdiction to regulate any labor issue that is governed by federal law
Describe: Workers Compensation
statutes ensure that employees receive payment for injuries incurred at work.
Describe: Disparate Treatment
treated differently because of her sex, race, color, religion, or national origin.
Define: Sexual Harassment (Title VII)
unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature.
Describe: Partial Strike.
when employees stop working temporarily, then resume, then stop again, and so forth
List the Primary functions of NLRB.
• Monitoring conduct of employer and union during an election to determine whether workers want to be represented by a union • Preventing and remedying unfair labor practices by employers/unions • Establishing rules to interpret the National Labor Relations Act
List the two primary tasks of the NLRB.
• Representation. The Board decides whether a particular union is entitled to represent a group of employees. • Unfair Labor Practices. The Board adjudicates claims by either the employer or workers that the other side has committed a ULP.
List the criteria for a Community of Interest.
• Rough equality of pay and benefits, and methods of computing both • Similar total hours per week and type of work • Similar skills and training, and • Previous bargaining history and the number of authorization cards from any different groups within the unit.
List when a Strike would be illegal
• during the Cooling Off Period • by Statutory Prohibition • when considered a Partial, Violent or Sit-Down Strike
Describe: Appropriate Bargaining Unit
• employees share a community of interest. • Managerial employees must be excluded from the bargaining unit. • Confidential employees are generally excluded from the bargaining unit.
Describe: National Labor Relations Act (NLRA)
• ensures the right of workers to form unions and encourages management and unions to bargain collectively and productively • establishment and maintenance of industrial peace, to preserve the flow of commerce. • established the National Labor Relations Board (NLRB) to administer and interpret the statute and to adjudicate labor cases.
List the allowed reasons a union may conduct a strike
• exert economic pressure on management, • to protest an unfair labor practice, or • to preserve work that the employer is considering sending elsewhere.
List limitations imposed on Union Shops Clause
• new members need not join the union for 30 days. • new members, after joining the union, can only be required to pay initiation fees and union dues. • If the new hire decides he does not want to participate in the union, the union may not compel him to do so, and management may not terminate him for his refusal.
List what Title VII prohibits.
* Discrimination in the workplace, * Sexual Harassment, and * Discrimination Because of Pregnancy.
List the two types of Proof of Workplace Discrimination (Title VII)
* Disparate Treatment * Disparate Impact
List the Congressional Acts that prevent Employment Discrimination
* Equal Pay Act of 1963 * Title VII of the Civil Rights Act of 1964 * Pregnancy Discrimination Act of 1978 * Age Discrimination in Employment Act (ADEA) of 1967 * Americans with Disabilities Act (ADA)
List the Congressional Acts that affect Financial Protection within Employment Law.
* Fair Labor Standards Act of 1938 (FLSA) * Workers' Compensation Statutes * Social Security * Federal Unemployment Tax Act (FUTA) * Employee Retirement Income Security Act (ERISA)
List the Defenses against charges of discrimination.
* Merit, * Seniority, and * Bona Fide Occupational Qualifications.
List the Congressional Acts related to Employment Security.
* National Labor Relations Act (NLRA or the Wagner Act) (1935) * Family and Medical Leave Act (FMLA) (1993) * Consolidated Omnibus Budget Reconciliation Act (COBRA)
List the Congressional Acts affecting Safety and Privacy in the Workplace
* Occupational Safety and Health Act of 1970 (OSHA) * Fair Labor Standards Act of 1938 (FLSA)
List four aspects of Employee Privacy
* Off-Duty Conduct * Alcohol and Drug Testing * Lie Detector Tests * Electronic Monitoring of the Workplace
List two types of Sexual Harassment claims.
* Quid Pro Quo and * Hostile work environment.
List who that may receive benefits from Social Security
* Retired * Disabled * Temporarily Unemployed * Spouses and children of disabled or deceased workers
Describe: How State Statutes affect Whistle Blowers
* all 50 states have statutes that protect whistle blowers from retaliation by their employers. * scope of this protection varies greatly from state to state.
List the Remedies available for an Employment Law suit.
* hiring, * reinstatement, * retroactive seniority, * back pay, * reasonable attorney's fees, * damages up to $300,000
List the three categories of wrongful discharge claims:
* public policy, * contract law, and * tort law
List the Disparate Treatment Case Steps
- Plaintiff must present evidence of discrimination - Defendant must show legitimate, nondiscriminatory reason for rejecting said plaintiff - Plaintiff must now prove that defendant discriminated by showing that the reasons offered were simply a pretext
List the Disparate Impact Case Steps
- Plaintiff must present evidence of discrimination - Defendant must show that the employment practice was a job-related business necessity - the plaintiff must now prove either that the employer's reason is a pretext or that other, less discriminatory rules would achieve the same results
List the four common topics/concerns of Employment Law
1. Employment Security, 2. Safety and Privacy in the Workplace, 3. Financial Protection, and 4. Employment Discrimination.
Describe: Senority as a Defense of discrimination.
A legitimate seniority system is legal, even if it perpetuates past discrimination.
Describe: National Labor Relations Board (NLRB)
Administers/interprets the employment law statutes and adjudicates labor cases • has five members, all appointed by the president • has no power to enforce its orders (If it is evident that the losing party will not comply, the Board must petition a federal appeals court to enforce the order.)
Define: Litigation in relation to Affirmative Action.
Courts have the power under Title VII to order affirmative action to remedy the effects of past discrimination.
1. T/F: Remedies under title VII include unlimited punitive damages.
False (The available remedies are hiring, reinstatement, retroactive seniority, back pay, reasonable attorney fees, and punitive damages which are statutorily capped, depending on the size of the employer.)
Define: Government Contracts in relation to Affirmative Action.
If an employer found that women or minorities were underrepresented in its workplace, it was required to establish goals and timetables to correct the deficiency.
Describe: How Common Law affects Whistle Blowers
Most courts will prohibit the discharge of employees who report illegal activity that relates to their own jobs.
T/F: Although managers sometimes feel overwhelmed by the long list of laws that protect workers, the United States guarantees its workers fewer rights than virtually any other industrialized nation.
True
T/F: The United States and Australia are the only industrialized nations that do not require employers to provide paid maternity leave.
True
T/F: Title VII of the Civil Rights Act permits employers to develop affirmative action plans.
True
T/F: Under ERISA, employers are not required to establish pension plans, but if they do, they must follow these federal rules.
True
T/F: Under FLSA, the wage provisions do not apply to managerial, administrative, or professional staff.
True
T/F: Under the Employee Polygraph Protection Act, employers may not require, or even suggest, that an employee or job candidate submit to a lie detector test, except as part of an "on-going investigation" into crimes that have occurred.
True
T/F: As a US Agency, OSHA may assess fines for violations and order employers to correct unsafe conditions.
True (Appeals are possible)
T/F: The EEOC can sue on behalf of the plaintiff, if they decide not to, the plaintiff may proceed on their own in court.
True (EEOC will send a "Right to Sue" letter to confirm this right)
T/F: The FLSA prohibits "oppressive child labor," which means that children under 14 may work only in agriculture and entertainment.
True (Note - children older than 14 have varying restrictions until they reach the age of majority)
3. T/F: An employer may not disqualify a job applicant because of a disability if they can perform the essential functions of the job with reasonable accommodation.
True (This is a requirement of the Americans with Disabilities Act.)
4. Multiple Choice: The New York City Fire Department has a height requirement of at least 5'10" for all employees. If challenged under Title VII, the requirement: a. probably violates Title VII unless the City can show there is a necessary purpose for the requirement. b. is valid as a bona fide occupational requirement. c. is valid because it is a "reasonable business necessity." d. is valid because it does not discriminate against a protected group.
a (This requirement probably violates Title VII because it has a disparate impact on a protected group.)
Describe: Disparate Impact
a rule that, on its face, is not discriminatory, but in practice excludes too many people in a protected group. (A condition in which employment practices are seemingly neutral yet disproportionately exclude a protected group from employment opportunities.)
Describe: Equal Pay Act of 1963
an employee may not be paid at a lesser rate than employees of the opposite sex for equal work.
Describe: Pregnancy Discrimination Act of 1978
an employer may not fire, refuse to hire, or fail to promote a woman because she is pregnant.
Describe: "Employment at Will"
any employee not employed under a contract/collective bargaining agreement (may quit for any reason/no reason at all, with no required notice to employer; employer may fire employee at any time, with no notice, for almost any reason)
5. Multiple Choice: Title VII of the Civil Rights Act prohibits discrimination based on which of the following? a. Education b. Religion c. Economic status d. Political affiliation
b (It also prohibits discrimination based on race, color, sex or national origin.)
Describe: Family and Medical Leave Act of 1993 (FMLA)
guarantees both men and women up to 12 weeks of unpaid leave each year for childbirth, adoption or medical emergencies for themselves or a family member. (The FMLA applies only to companies with at least 50 workers and to employees who have been with the company full-time for at least a year—this is about 60 percent of all employees.)
Describe: Section 8(a) of NLRA
makes it an unfair labor practice (ULP) for an employer: • To interfere with union organizing efforts • To dominate or interfere with any union • To discriminate against a union member, or • To refuse to bargain collectively with a union. (Prohibits employer from interfering w/union organizing or discriminating against union members)
Describe: Section 8(b) of NLRA
makes it an unfair labor practice for a union (per Taft-Hartley Act): • To interfere with employees who are exercising their labor rights under §7 • To encourage an employer to discriminate against a particular employee because of a union dispute • To refuse to bargain collectively, or • To engage in an illegal strike or boycott, particularly secondary boycotts.
List and briefly describe the types of Wrongful Discharge claims related to Public Policy
o Refusing to Violate the Law - employees may not be discharged for refusing to break the law; o Exercising a Legal Right - may not discharge a worker for exercising a legal right if that right supports public policy o Performing a Legal Duty - Courts have consistently held that an employee may not be fired for serving on a jury. o Whistle Blowing - employees who disclose illegal behavior on the part of their employer.
Describe: Title VII of the Civil Rights Act of 1964
prohibits employers from discriminating on the basis of race, color, religion, sex, or national origin.
Describe: False Claims Act.
prohibits employers from firing workers who file suit under the statute. A successful whistleblower receives between 15 and 30 percent of any damages awarded to the government.
Describe: Employee Retirement Income Security Act (ERISA)
protection for workers covered by private pension plans
Describe: Federal Unemployment Tax Act (FUTA)
provides support to the unemployed (as part of social security system)
Describe: Consolidated Omnibus Budget Reconciliation Act (COBRA)
provides that former employees must be allowed to continue their health insurance for 18 months after leaving their job, but they must pay for the costs themselves. (The catch is that employees must pay for it themselves, up to 102 percent of the cost. COBRA applies to any company with 20 or more workers.)
List the protections afforded by the ADA.
• An employer may not disqualify an employee or job applicant because of disability as long as she can, with reasonable accommodation, perform the essential functions of the job. • An employer may not ask about disabilities before making a job offer. • After a job offer has been made, an employer may require a medical test. • An employer may not discriminate against someone because of his relationship with a disabled person.
Describe: National Labor Relations Act of 1935 (NLRA)
• Created the National Labor Relations Board (NLRB) to enforce labor laws • Prohibits employers from penalizing workers who engage in union activity • Requires employers to "bargain in good faith" with unions. (created over distress by anti-union violence & the direction courts were heading in common law)
List the OSHA requirements.
• Employers must comply with specific health and safety standards. • Employers are under a general obligation to keep their workplace "free from recognized hazards that are causing or are likely to cause death or serious physical harm" • Must keep records of all workplace injuries and accidents. • The OSHA may inspect workplaces to ensure that they are safe.
What legislation amplify/modify Whistle Blowing protections & requirements?
• False Claims Act • Constitutional Protection for Government Employees • Civil Service Reform Act in 1978 (Protection for Federal Employees ) • Whistleblower Protection Act in 1989 (Protection for Federal Employees ) • Sarbanes-Oxley Act of 2002 (Employees of Publicly Traded Companies) • State Statutes • Common Law
List provisions included in the LMRDA.
• Governs internal operations of labor unions • Requires certain financial disclosures by unions • Establishes civil and criminal penalties for financial abuses by union officials • "Labor's Bill of Rights" designed to protect employees from their own unions
Describe: Social Security
• pays benefits to workers who are retired, disabled, or temporarily unemployed and to the spouses and children of disabled or deceased workers. • provides medical insurance to the retired and disabled. • financed through a tax on wages that is paid by employers, employees, and the self-employed.
List the two major effects of Workers Compensation.
• provide a fixed, certain recovery to the injured employee, no matter who was at fault for the accident. (employee win) • employees are not permitted to sue their employers for negligence. (employer win)
Describe: Constitutional Protection for Government Employees
Employees of federal, state, and local governments have a right to free speech under the United States Constitution.
Describe: Electronic Communication Privacy Act (ECPA)
Employers can monitor workers telephone calls and e-mails as long as certain conditions are met.
Define: Voluntary Action in relation to Affirmative Action.
Employers can voluntarily introduce an affirmative action plan to remedy the effects of past practices or to achieve equitable representation of minorities and women.
Describe: Defamation
Employers may be liable for defamation when they give false and unfavorable references about a former employee.
Describe: Intentional Infliction of Emotional Distress (Tort Law)
Employers who condone cruel treatment of their workers face liability under the tort of intentional infliction of emotional distress
Describe: Intentional Infliction of Emotional Distress
Employers who condone cruel treatment of their workers face liability under the tort of intentional infliction of emotional distress.
