C233 Pre-Assessment A+

C233 Pre-Assessment A+ supremacy clause - CORRECT ANSWER-mandates that the federal regulations have priority over state law stare decisis - CORRECT ANSWER-used by U.S. courts to align current cases with prior legal decisions Integrated enterprise - CORRECT ANSWER-A business environment in which operations of two or more employers are so intertwined that they can be considered as a single employer for purposes of federal statutory coverage and liability. economic realities test - CORRECT ANSWER-used to distinguish an independent contractor from an employee - if employee is substantially economically dependent on employer implied contract - CORRECT ANSWER-a legally binding agreement which is created - by actions of employer and employee (employee handbook) scope of employment - CORRECT ANSWER-determines liability under respondeat superior doctrine EEOC - CORRECT ANSWER-Title VII gives authority to conduct own enforcement litigation Bona Fide Occupational Qualification (BFOQ) - CORRECT ANSWER-a reasonable employment qualification that an employer is allowed to consider when making decisions about hiring and retaining employees disparate treatment - CORRECT ANSWER-intentional discrimination based on different treatment given to individuals bc of their race, color, religion, sex, national origin, age or disability status disparate impact - CORRECT ANSWER-occurs when an employer creates a seemingly fair employment practice that has a negative impact on members of a protected class. four-fifths rule - CORRECT ANSWER-A rule of thumb followed by the EEOC in determining adverse impact for use in enforcement proceedings - determine if there was substantial impact on the protected class pass rate - CORRECT ANSWER-what percent of applicants received job offers? divide # of applicants by # of job offers find highest # multiply highest rate by .8 compare # to list and any group below # may be experiencing disparate impact Hostile environment - CORRECT ANSWER-Occurs when unwelcome sexual conduct has the effect of unreasonably interfering with job performance or creating an intimidating or hostile, working environment reverse discrimination - CORRECT ANSWER-occurs when an employer, acting under an affirmative action plan, favors one race/gender in an employment decision Americans with Disabilities Act - CORRECT ANSWER-prohibits discrimination on the basis of physical or mental disabilities Unwelcome Conduct/Pervasive Conduct - CORRECT ANSWER-make a company liable for race-based harassment E-verify - CORRECT ANSWER-system for employers determine worker eligibility using Form I-9 Negligent retention - CORRECT ANSWER-A claim that arises when an employer fails to terminate an employee when it is apparent that he or she poses a danger to others. Fair Labor Standards Act FLSA - CORRECT ANSWER-enacted in 1938 - protects workers from unfair wages, limits abusive overtime practices, and prevents child labor Privacy Act - search of personal items - CORRECT ANSWER-justified at its start/limited in scope Fair Credit Reporting Act (FCRA) - CORRECT ANSWER-Requires employers take specific steps prior to requesting or using a consumer report (disclosure, written permission, notice of adverse action, right to dispute). - medical records protected regulates reporting agencies collection/correction/dissemination and use of consumer credit info Penalty imposed by Immigration Reform and Control Act - CORRECT ANSWER-an individual HR employee who fails to check a new worker's eligibility to work in the US may face civil liability Work Adjustment and Retaining Notification Act (WARN) - CORRECT ANSWER--gives terminated workers an opportunity to search for other employment or obtain additional training -private employees/ =100 E. right an employee relinquishes in exchange for worker's compensation - CORRECT ANSWER-to sue the employer in tort Statutory authority National Labor Relations Board (NLRB) has - CORRECT ANSWERjudicial, executive, rule-making Labor Management Relations Act - CORRECT ANSWER-Taft-Hartley Act restraints of Labor Management Reporting and Disclosure Act - CORRECT ANSWERunions are required to hold officer elections every 3 years, candidates must have access to voter rolls Employer's responsibilities under National Labor Relations Board (NLRB) - CORRECT ANSWER-provide NLRB and union with payroll records of workers eligible to vote in the election Legal possible outcomes if parties reach a deadlock - CORRECT ANSWER-union may call a strike, employer may lock out the union workers, either party may resume discussions with each other unfair labor practice - CORRECT ANSWER-a union fails to attend a scheduled bargaining session with the employer The Federal Mediation and Conciliation Service must be notified - CORRECT ANSWER-after good faith negotiations, an employer and labor union cannot resolve an issue and have reached an impasse Good Faith and Fair Dealing - CORRECT ANSWER-a presumption that each party in a contract will deal with each other in good faith and fairness - may prevent termination of an at-will employment relationship Employer has burden of proof in EEOC discrimination claim - CORRECT ANSWERafter the plaintiff has established the prima facie case joint employer - CORRECT ANSWER-when 2 or more entities not engaged in an integrated exercise exert control over an employee such that each entity may be considered an employer Covered employment agency - CORRECT ANSWER-an agency that regularly procures employees for at least 1 covered employer covered employer - CORRECT ANSWER-an employer that is engaged in a commerce industry and employs 15 or more employees Labor org subject to federal employment laws - CORRECT ANSWER-- represents the employees of an employer, has a membership which exceeds a certain number, maintains a hiring hall which procures employees for at least one covered employer, or is engaged in an industry affecting commerce