Chapter 20: Workplace Law

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union steward

A representative of the employee in a unionized environment

Fair Labor Standards Act of 1938 (FLSA)

An act that provides regulations for wages and overtime

Genetic Information Nondiscrimination Act of 2008 (GINA)

Federal legislation that prohibits discrimination by health insurers and employers based on genetic info

Uniform Guidelines on Employee Selection Procedures

a set of guidelines published by the Equal Employment Opportunity Commission to guide selection of employees; the overriding principle is that selection of employees must be made on qualifications related to job performance

Labor Management Relations Act of 1947

A law that amended the Wagner Act to prohibit unfair labor practices on the part of unions and allows the president to stop strikes in cases of national health and safety

National Labor Relations Act of 1935 (Wagner Act)

A law that established conditions for collective bargaining, listed unfair labor practices, and create the National Labor Relations Board (NLRB) to oversee union elections and handle situations of unfair labor practices; also known as the Wagner Act

Age Discrimination in Employment Act of 1967

A law that protects individuals 40 years or older from employment discrimination

Limited English Proficiency (LEP)

A person's difficulty communicating effectively in English because English is not his or her native or primary language.

Employee Retirement Income Security Act of 1974 (ERISA)

An act that sets minimum standards for most voluntarily established pension and health plans in private industry in order to provide protection for individuals in these plans

Equal Employment Opportunity Act of 1972 (EEQA)

An act that, in combination with Title VII of the Civil Rights Act, prohibits discrimination based on age, race, color, sex, religion, or national origin

Nonexempt employees

An employee for whom overtime and minimum wage regulations do apply; nonexempt employees must be paid at least the minimum wage up to 40 hours and time and a half for any hours worked over 40

Pregnancy Discrimination Act of 1973

An expansion of Title VII of the Civil Rights Act that requires that pregnancy and related conditions be handled like any other medical condition

Equal Employment Opportunity Commission (EEOC)

Enforces the Equal Employment Opportunity Act, Title VII of the Civil Rights Act, the Immigration Reform and Control Act, the Fair Labor Standards Act, and the Americans with Disabilities Act, among others; investigates job discrimination complaints and can bring federal lawsuits against employers

Arbitration

a form of alternative dispute resolution in which the parties choose an impartial third party to hear and decide the dispute; outside the judicial system

Immigration Reform and Control Act of 1986

a law that requires employers to ensure that employees hired are legally authorized to work in the United States

Title VII of the Civil Rights Act of 1964

a law that, in combination with the Equal Employment Opportunity Act of 1972, prohibits discrimination based on age, race, color, sex, religion, or national origin

collective bargaining

a process through which a contract is negotiated, which sets forth the relationship between the employees and the healthcare organization

compensation

all direct and indirect pay; including wages, mandatory benefits, and benefits such as medical insurance, life insurance, child care, elder care, retirement plans and longevity pay

Equal Pay Act of 1963

an act the regulates the concept of equal pay for men and women who perform similar work requiring similar skills, effort, and responsibility under similar working conditions

exempt emplyee

an employee for whom minimum wage and overtime regulations do not apply

National Labor Relations Board (NLRB)

an organization that governs the activities between employers and unions and assumed jurisdiction over hospitals in 1974

Americans with Disabilities Act of 1990

law that ensures equal opportunity for, and elimination of discrimination against, persons with disabilities

Consolidated Omnibus Budget Reconciliation Act of 1986 (COBRA)

the federal law requiring every hospital that participates in Medicare and has an emergency room to treat any patient in an emergency condition or active labor, whether or not the patient is covered by Medicare and regardless of the patient's ability to pay; COBRA also requires employers to provide continuation benefits to specified workers and families who have been terminated but previously had healthcare insurance benefits

grievance procedure

the steps employees may follow to seek resolution of disagreements with management on job-related issues


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