BUS263 - Study Guide Exam 5
Bait & Switch advertising
dvertising 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.
Strikes
employees leave their jobs & refuse to 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.
Telemarketing regulations
establish rules governing telemarketing and to bring actions against fraudulent telemarketers.
Lilly Ledbetter Fair Pay Act
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.
Pregnancy Discrimination Act
legislation derived from Title VII (sex) that requires pregnancy to be treated as any other illness or disease. Cannot discriminate.
Fair Packaging & Labeling Act
ood product labels must identify:•The product•The net quantity of the contents •The manufacturer•The packager or distributorThe act includes additional requirements concerning:•Descriptions on packages•Savings claims•Components of nonfood products•Standards for the partial filling of packages
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.
Worker's Compensation
state laws establish procedures for taking care of workers injured on the job. Ex: paying medical bills, job retraining, lost wages.
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.
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.
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.
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
(Taft-Hartley Act 1947) prohibits certain unfair union practices & allowed individual states to pass right-to-work laws. Outlawed Closed shops.
National Labor Relations Act
(Wagner Act 1935) •Establishes the right of workers including the right to strike & engage in collective bargaining. •Defined several unfair practices by management•Establishes NLRB.
Chapter 23 Administrative Agencies
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 moreAdministrative agencies are created to provided specialized expertise to regulate specific industries or areas
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.
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.Those agencies can only operate within the area or scope given to them by congress. Sometimes called the 4th branch of Governmen
Chapter 24 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 performancenn
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.
Legislations and Cease& Desist
An administrative or judicial order prohibiting a person or business firm from conducting activities that an agency or court has deemed illegal.
Multiple Product Order
An order requiring a firm that has engaged in deceptive advertising to cease and desist from false advertising regarding all the firm's products.
Chapter 21 Title VII of Civil Rights Act 1964
Applies to employer with 15+ people involved in interstate commerce. As extended, it includes:1.Race2.Sex3.Religion4.Color5.National Origin6. Age7. Handicap8. Veterans Status
Sexual Harassment: Quid-pro-quo
Can be either "Quid Pro Quo" when sexual favors are demanded in exchange for job opportunities, promotions, etc. This can only be filed against a supervisor.
Consumer Product Safety Act
Comprehensive coverage of consumer safety matters•Ban the manufacture and sale of products that the commission poses an "unreasonable risk" to consumers•Remove from the market any products imminently hazardous•Require manufacturers to report on any products already sold or intended for sale if the products have proved to be hazardous•Administer other product-safety legislation, including the Child Protection and Toy Safety Act and the Federal Hazardous Substances Act
The Consumer Product Safety Act:
Comprehensive coverage of consumer safety matters•Ban the manufacture and sale of products that the commission poses an "unreasonable risk" to consumers•Remove from the market any products imminently hazardous•Require manufacturers to report on any products already sold or intended for sale if the products have proved to be hazardous•Administer other product-safety legislation, including the Child Protection and Toy Safety Act and the Federal Hazardous Substances Act
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.
Affordable Care Act (Obama Care)
Designed to provide a marketplace of insurance options to provide all Americans with an opportunity to buy affordable health insurance.The reforms:•Enabled more children to obtain health-insurance coverage•Allowed young adults (under age twenty-six) to remain on their parents' health-insurance policies•Ended lifetime limits and most annual limits on care•Gave insured persons access to recommended preventive services (such as cancer screening and vaccinations)•Changed some Medicare drug benefits
Reverse Discrimination
Discrimination against the majority group is also prohibited.
sit-down strikes
Employees don't leave the facility but stay inside without working.
Ellerth/Faragher Affirmative Defense
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.
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.
Fair & 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)
Medicare
Federal government health-insurance program for people 65 years of age, and for those under 65 who are disabled.
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.
drug testing policies
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.
Disparate Treatment,
Intentional Discrimination directed against a protected class or group of people.
Seniority System
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.
Americans With Disabilities Act
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.
Immigration ReformControl Act
Makes it illegal to hire, recruit, or refer for a fee someone not authorized to work in the U.S. Places caps on number of visa's issued.
Counter-advertising
New advertising that is undertaken to correct earlier false claims that were made about a product.
Lock-outs
Occurs when the employer shuts down the plant to prevent employees from working. Usually used when employer believes a strike is imminent.
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).
Federal Food Drug & Cosmetic Act (FDCA)
Protects consumers against contaminated and misbranded foods and drugs•Establishes food standards & safety measures•Specifies safe levels of potentially hazardous food additives•Provides classifications of foods and food advertising•Most of these statutory requirements are monitored and enforced by the FDA.•Covers drugs and medical devices
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 creditIssuing insurance policiesResponding to the consumer's request
The Lanham Act
Protects trademarks and covers false advertising claims•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
BFOQ
Requires an employer to show a particular skill is necessary for the performance of a particular job. Hard to prove. 3 types: skill based, customer preference, or privacy. Ex: allowing female reporters into locker rooms or male flight attendants
Fair Labor Standards Act
Requires minimum wage and overtime to be paid. Also prohibits oppressive child labor.
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.
Freedom of information Act
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.•All federal government agencies to make their records available electronically on the Internet and in other electronic formats.•The FOIA exempts certain types of records, such as: national security, confidential, or personal information.
HIPAA
Strictly limits employer's ability to exclude pre-existing conditions. Plus, protects patient privacy.
Chevron case
The Environmental Protection Agency (EPA) 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.
Fair Debt Collection Practices Act
To eliminate abusive practices in the collection of consumer debts, to promote fair debt collection, and to provide consumers with an avenue for disputing and obtaining validation of debt information in order to ensure the information's accuracy.
Constructive Discharge
When an employer causes working conditions to be so intolerable that a reasonable person would feel compelled to quit. Still considered discrimination. Employee's resignation must be a foreseeable result of working conditions.
Closed shops
a company that requires someone to be a member of a union as a condition of employment. Made illegal by LMRA
Wildcat strikes
a group of workers call a strike on their own, without permission from the union or after the union votes no.
secondary boycott
a strike directed at someone other than the main employer such as the company that sells the materials to the main employer.
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.
Chapter 20 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.
Chapter 22 I-9 Forms
documentation required to provide proof of the legal ability to be employed in the US. Typically includes a Social Security Card & Driver's license.
Family Medical Leave Act
legislation requires employers with over 50 employees to provide up to twelve (12) weeks unpaidleave 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.
COBRA
legislation that provides a federal right to continued health insurance at your own expense. 60-day enrollment period after loss of job.
Age Discrimination Act
legislations thatprotects individuals over the age of 40 from workplace discrimination that favors younger workers.
Picketing
marching near or outside a business, is protected by First Amendment as long as it's peaceful.
Collective bargaining
process by which labor & management negotiate the terms & conditions of employment. Wages, hours & working conditions.
Right-to-work laws
prohibits a company from making union membership a requirement foremployment. Cannot require people to join a union .
Whistleblower
reporting to authorities, upper management or media that the employers is involved in an unsafe, unethical or illegal activity.
Union shops
requires employees to join a union after being hired. This is legal unless the business is in right-to-work states.
mass picketing
strikers form a barrier & deny entrance into the building.
Executive Agencies
•Federal executive agencies include the cabinet departments of the executive branch, which assist the president in carrying out executive functions, and the subagencies within the cabinet departments. Appointed by President.•Ex: OSHA (Occupational Safety and Health Administration) as part of Dept of Labor
Independent Regulatory Agencies
•Independent regulatory agencies are outside the federal executive departments. Officers serve for fixed terms and cannot be removed without just cause.•Ex: Federal Trade Commission (FTC)
