D352 V2 Employment and Labor Law UPDATED ACTUAL
Questions and CORRECT Answers
Disability defined by ADA A physical or mental condition that hinders an employee's movement or activities.
"Key Employee" defined by FMLA a salaried, FMLA-eligible employee who is among the highest paid 10 percent of
all the employees employed by the employer within 75 miles of the employee's
worksite.
agency A contract relationship between a principal and an agent whereby the principal
authorizes the agent to work on their behalf and with power to bind the principal
Appropriation of Image or Likeness A type of tort in which an employer uses the name, image, or likeness of an
employee for commercial purposes in a way that is not described in the job
description.
Assumption of Risk A doctrine under which a plaintiff may not recover for injuries or damage suffered
from risks he or she knows of and has voluntarily assumed.
precedent an example that may serve as a basis for imitation or later action
tort A civil wrong
Vicarious Liability Indirect liability imposed on a supervisory party (such as an employer) for the
actions of a subordinate (such as an employee) because of the relationship
between the two parties.
Scope of Employment Employee conduct that is reasonably relative to a job description.
Frolic and Detour An employee's physical departure from the job in order to further his or her own
interests and not the employer's.
Going and Coming Rule A legal principle that removes an employer's liability from employees' actions
going to and from their place of employment.
dual-purpose mission Occurs when an employee conducts personal and work business at the same
time; subjecting the employer to liability for the employee's actions
Supremacy Clause Federal law is supreme over state law
Authorization cards Cards signed by employees to indicate that they want union representation.
bargaining unit the group of employees the union will be authorized to represent
Bona Fide Occupational Qualification (BFOQ) a necessary (not merely preferred) qualification for performing a job
, Breach of Duty (Negligence) A claim in which an employer has provided an untrue reference that omits
information about an employee's dangerous and/or criminal behavior
Business Necessity A defense to allegations of employment discrimination in which the employer
demonstrates that an employment practice that discriminates against members of
a protected class is related to job performance.
closed-shop union An illegal requirement that an employee be a union member
collective bargaining Negotiations between representatives of labor unions and management to
determine pay and acceptable working conditions.
Compensatory time time off from work rather than money for working overtime
Compliance requirement under OSHA A mandate that all employers comply with all safety and health requirements
issued by the Department of Labor.
Concerted Activity under NLRA Any effort by employees to join together to seek improvement in working
conditions.
Contributory Negligence A legal defense that may be raised when the defendant feels that the conduct of
the plaintiff somehow contributed to any injuries or damages that were sustained
by the plaintiff.
Defamation Act of harming or ruining another's reputation
defined benefit plan pension plan that guarantees a specified level of retirement income
defined contribution plan retirement plan in which the employer sets up an individual account for each
employee and specifies the size of the investment into that account
due diligence the exercise of reasonable care in the evaluation of a business opportunity or
hiring of employee
Due Process Opportunity to be heard
Duty to Bargain in Good Faith Reasonable efforts demonstrated by both management and labor during contract
negotiations. Generally, it requires both sides to meet, confer, and make written
offers. It does not require either side to concede or agree on any issue but rather
to show reasonable intent to reach an agreement.
employer a person or organization that employs people.
E-Verify Internet-based verification system that allows employers to verify the
employment eligibility of their employees regardless of citizenship.
Exempt employees Employees who are excluded from U.S. Fair Labor Standards Act minimum wage
and overtime pay requirements.
Questions and CORRECT Answers
Disability defined by ADA A physical or mental condition that hinders an employee's movement or activities.
"Key Employee" defined by FMLA a salaried, FMLA-eligible employee who is among the highest paid 10 percent of
all the employees employed by the employer within 75 miles of the employee's
worksite.
agency A contract relationship between a principal and an agent whereby the principal
authorizes the agent to work on their behalf and with power to bind the principal
Appropriation of Image or Likeness A type of tort in which an employer uses the name, image, or likeness of an
employee for commercial purposes in a way that is not described in the job
description.
Assumption of Risk A doctrine under which a plaintiff may not recover for injuries or damage suffered
from risks he or she knows of and has voluntarily assumed.
precedent an example that may serve as a basis for imitation or later action
tort A civil wrong
Vicarious Liability Indirect liability imposed on a supervisory party (such as an employer) for the
actions of a subordinate (such as an employee) because of the relationship
between the two parties.
Scope of Employment Employee conduct that is reasonably relative to a job description.
Frolic and Detour An employee's physical departure from the job in order to further his or her own
interests and not the employer's.
Going and Coming Rule A legal principle that removes an employer's liability from employees' actions
going to and from their place of employment.
dual-purpose mission Occurs when an employee conducts personal and work business at the same
time; subjecting the employer to liability for the employee's actions
Supremacy Clause Federal law is supreme over state law
Authorization cards Cards signed by employees to indicate that they want union representation.
bargaining unit the group of employees the union will be authorized to represent
Bona Fide Occupational Qualification (BFOQ) a necessary (not merely preferred) qualification for performing a job
, Breach of Duty (Negligence) A claim in which an employer has provided an untrue reference that omits
information about an employee's dangerous and/or criminal behavior
Business Necessity A defense to allegations of employment discrimination in which the employer
demonstrates that an employment practice that discriminates against members of
a protected class is related to job performance.
closed-shop union An illegal requirement that an employee be a union member
collective bargaining Negotiations between representatives of labor unions and management to
determine pay and acceptable working conditions.
Compensatory time time off from work rather than money for working overtime
Compliance requirement under OSHA A mandate that all employers comply with all safety and health requirements
issued by the Department of Labor.
Concerted Activity under NLRA Any effort by employees to join together to seek improvement in working
conditions.
Contributory Negligence A legal defense that may be raised when the defendant feels that the conduct of
the plaintiff somehow contributed to any injuries or damages that were sustained
by the plaintiff.
Defamation Act of harming or ruining another's reputation
defined benefit plan pension plan that guarantees a specified level of retirement income
defined contribution plan retirement plan in which the employer sets up an individual account for each
employee and specifies the size of the investment into that account
due diligence the exercise of reasonable care in the evaluation of a business opportunity or
hiring of employee
Due Process Opportunity to be heard
Duty to Bargain in Good Faith Reasonable efforts demonstrated by both management and labor during contract
negotiations. Generally, it requires both sides to meet, confer, and make written
offers. It does not require either side to concede or agree on any issue but rather
to show reasonable intent to reach an agreement.
employer a person or organization that employs people.
E-Verify Internet-based verification system that allows employers to verify the
employment eligibility of their employees regardless of citizenship.
Exempt employees Employees who are excluded from U.S. Fair Labor Standards Act minimum wage
and overtime pay requirements.
